Abe Hamade in September 2022. Photo: Gage Skidmore (retouched) | flicker/CC BY-SA 2.0
Abraham Hamadeh, who has tried three times unsuccessfully to reverse a 2022 loss, is appealing the dismissal, hoping the court will reconsider the case after a judge dismissed it last week.
Late Tuesday, Republicans filed a notice of appeal asking the Arizona Court of Appeals to accept the motion for a new trial. Denied Friday by Mojave County Superior Court Judge Lee Jantzen. Hamade, who narrowly lost to Democrat Chris Mays in the 2022 Attorney General election by just 280 votes, New attempt in Januaryafter the December challenge failed to provide convincing evidence He claimed his defeat was the result of widespread election fraud.
However, Jantzen said: explanation of his judgment Released on Monday, Mr Hamade makes fresh attempts to reverse losses evidence continues to be lackingand the time to contest the 2022 election is over.
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Hamade alleges that a combination of an inaccurate ballot verification process and incorrectly rejected ballots prevented him from voting more than 1,000 votes for his campaign and cost him the office of attorney general. A key part of his effort to rehash the 2022 election in a new trial, he argues, is that a statewide recount certified shortly after the trial ended in December revealed inconsistent counts in Pinal County, indicating that problems may exist elsewhere in the state.
The same recount that saw Pinal county add another 507 votes, added to the final count but still not enough to win Hamade, found no similarly egregious problems in other counties.
Arizona Republican Rep. Alexander Korodin, one of Hamade’s eight attorneys, said that despite Jantsen’s skepticism, Hamade’s claims should be heard in court.
“[Jantzen]is not quite sure what documents were collected beyond what was described in the brief,” he told the Mirror. “It is incomprehensible to say that opening the envelope and counting the uncounted votes is not sufficient proof.
Hamade’s lawyers have repeatedly petitioned the court to allow more ballot inspections to bolster their case, but Jantsen dismissed the request on Friday, citing state law on election complaints that severely limits ballot inspection. Jansen added that the opportunity had already been given at Hamade’s trial in December, when lawyers were allowed to attend. 2,000+ votes And in the end, only 14 pieces of evidence were presented during the trial, of which only six were reportedly supposed to be against Hamade.
The Notice of Appeal leaves open the possibility of bypassing the State Court of Appeals and petitioning directly to the Arizona Supreme Court through special action or emergency transfer. This strategy has been adopted twice this year. Unsuccessful gubernatorial candidate Kari Lake. State Supreme Court judges remanded the matter to the lower court after her first try not yet responded her second.
But before either court can decide to take up the case, Jantsen must first rule on the sanctions request and the debate over the amount of compensation for voting inspectors who participated in the December trial. Attorney General Chris Mays argued that Mr. Hamade, his attorneys, the other plaintiffs involved in his complaint, two Mojave County residents and the Republican National Committee should be asked to pay double damages and attorneys’ fees.
Under state law, cases brought to court without substantial justification, or cases that unduly delay proceedings, are subject to other criteria. Double Damages $5,000.
But Korodin questioned Hamade’s future sanctions, pointing out that Jantsen had long considered the new trial motions and admitted it was a very close election.
“Let’s be honest here,” he said. “The judge’s ruling says this is a matter of narrow margins in a close race. This is not a case where sanctions would be considered.”
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