Breaking News Stories

Arizona judge rules no new trial for Hamadeh

Mojave County Superior Court Judge Lee Jantsen late Friday rejected Abe Hamade’s request for a retrial to contest his loss in the attorney general election.

But it will be Monday when we know exactly why Hamade and his successful adversary Democrat Chris Mays said the judge didn’t present enough evidence for legal rework.

In the order, Jantzen said he was working on “minutes,” a type of court order, and hoped to have it completed by Friday afternoon.

“However, a fire broke out at the courthouse over the weekend and added several emergencies to my calendar, so I wasn’t able to complete that minute’s entry,” the judge wrote.

The order came more than half a year after Jantsen dismissed Hamade’s original challenge to the election results.

Lee Jansen

“The bottom line is, you just haven’t proven your point,” the judge said at a court ruling in December after a half-day trial. “We don’t have enough information.

Hamade has called for a retrial, saying the issues uncovered in the legally mandated recount of the close race showed that the election could go wrong. This specifically included Pinal County’s finding that 507 votes were not initially counted after the first election results were reported and certified.

Updated results after the recount narrowed Mays’ margin of victory to just 280 votes, but that wasn’t enough to overturn the result.

But Hamade’s lawyers, the Republican National Committee, and two voters restricted ballot inspections ahead of the first trial. He argued that more ballots should be made available for inspection. This, they claim, will allow them to determine if a client had more votes than was stated in the final tally.

Jantzen said he took their arguments seriously.

“In a closely contested election, this is a close call,” the judge said in Friday’s order. However, he said he could not conclude that a new trial was appropriate given the evidence presented, state law and the Arizona Constitution.

In a prepared statement, Hamade said he could not comment on the verdict until he had seen the judge’s rationale.

“But we think the situation is very simple. The contest was not as close as it is now,” he said. “If all statutory votes are counted, I will win the race to be Attorney General.”

Hamade then vowed to sue the Arizona Supreme Court.

The nature of this appeal is where Jantsen said Hamade’s legal arguments fell short, and why Hamade believes having his lawyers examine more ballots would change the outcome. It comes down to whether or not

Attorney General Chris Mays

Jansen, who ruled against himself in December, said the case must be decided on the basis of a study of 2,300 votes in three counties by lawmakers from both Mays and Hamade. This was due to time constraints during the election campaign.

However, it was later discovered that there were uncounted ballots in Pinal County. His lawyers argued that that alone was enough for him to reopen the case.

“Participants are simply asking for the full application of Pinal County’s process to give them the opportunity to conduct physical inspections and hand-count ballots. “Elections,” they told Jantzen, if repeated in places of And even if Mays had already taken oath, that could be enough evidence for a judge to overturn the outcome, they said.

They even argued that the fact that Mr. Mays was elected president worked to their advantage.

Previous court battles were governed by a rule that electoral proceedings must be filed and completed within a certain number of days. They said it was no longer a factor and Mr. Hamade should be able to prove his own claim that thousands of Arizonans failed to count the votes.

“The proceedings requested by the participants[Hamade et al.]were rushed according to an artificial schedule, apparently according to the Pinal County Election Commissioner, out of concerns that they would interfere with the delegation of authority to the Attorney General’s Office, as was the initial tally. It was done,” the lawyers said. I have written. “Concerns about completing the contest ahead of schedule are no longer an issue given Mays’ appointment.”

And there are precedents for dismissal of incumbents.

That happened in the 1916 gubernatorial election between incumbent Democrat George W. P. Hunt and Republican challenger Thomas E. Campbell.

Mr Campbell was sworn in after the handover had a margin of 30 votes.

Hunt, however, contested the results and refused to step down, leaving Campbell as de facto governor in the interim. Ultimately, the Arizona Supreme Court installed Hunt in late 1917 after considering the question of how people marked ballots.

Hamade has another argument for why he thinks he is entitled to a new trial.

He said that then-Secretary of State Katie Hobbs, who was also named as a defendant in a legal challenge, had until Dec. 21, before the first trial began, that a recount showed discrepancies with the official vote count. He said he knew it was done. But the information, which may have persuaded Jantsen to allow further ballot inspections, was not released to Hamade and the public for another eight days after the trial, he said.

Hamade does not dispute that Hobbes, now incumbent, was ordered not to release the results until they were formally announced in court. But she argued that she had a duty to make sure there was a problem with Undervote.

S.

Share this post:

Leave a Reply