Dan Gasaway (left) and Chris Erwin.

After successfully overturning two elections in a North Georgia state house district, former state Rep. Dan Gasaway lost his third race to challenger Chris Erwin Tuesday, but a fight over attorney fees still looms.

Erwin—who previously won two races that were later voided over illegal votes and disenfranchised voters—garnered 75.5 percent of the votes the third time around. Of 6,076 votes cast, Erwin received 4,586 to Gasaway's 1,490, according to the Georgia secretary of state.

Gasaway and Erwin are both Republicans in state House District 28, and the do-over election was a Republican primary. No Democrat or independent candidate entered the race. Erwin won the first election by 67 votes, but it was voided after a jury trial last September. He won the second election in December by four votes, but a judge overturned that election in February.

Still to be resolved is a pending motion by Gasaway to recoup $90,975 in legal fees he expended in successfully challenging the second election, and Erwin's appeal of Senior Superior Court Judge David Sweat's decision in February to invalidate it. The respondents included Erwin and the election boards of Habersham, Banks and Stephens counties.

Gasaway attorney Jake Evans of the Atlanta offices of Holland & Knight congratulated Erwin on his win Wednesday but added that the result “does not change the significance of the legal case”—the first time in the state's history that an election has been voided twice—“and held local election officials and voters accountable.”

Evans also said that Gasaway will continue to seek attorneys' fees for what Evans called “a costly trial that should have never happened.”

Erwin's attorney, Bryan Tyson of Atlanta's Taylor English Duma, on Wednesday branded the petition for legal fees as “frivolous.” He said Erwin is considering his options regarding his pending appeal.

Erwin said Tuesday night that with a margin of over 3,000 votes, the new election results “cannot be questioned or disputed.”

Read more:

Candidate Seeks $90K in Legal Fees After Twice Challenging Election

Ousted From Legislature, a Banks County Republican Appeals Voided Election

State Investigating Irregularities in Election Tossed Out Twice

How to Overturn a State Election … Twice