Abe Hamadeh has posted a new filing in his bid for a trial in his effort to unsteal the election for Attorney General in Arizona. He allegedly lost the race by a mere 280 votes. Hamadeh originally lost by about double the final count after it was discovered that over 200 votes in Pinal County were never counted in the original returns. Hamadeh filed the motion in Mojave County.
His original suit was thrown out because the corrupt Katie Hobbs hid the fact that the count was off in Pinal County so that it could not be used in that case. I have no idea why he did not include the shenanigans pulled in Maricopa County, where 8,327 plus voters were unable to cast their votes. That was in deep red precincts and was many times the difference in the vote. Or the fact that RINOs had the voting machines reprogrammed on election day so that the tabulators could not count the votes.
It is Hamadeh’s contention that if he is able to see every county’s vote, it would give him enough for victory. His race could be more important than the other three races. That is because the Attorney General has the ability to investigate what happened during the vote in Arizona and he could prosecute any crimes that come from it. If Mayes wins, she will drop all election cases like a bad habit. If Hamadeh wins, a whole lot of people could be in huge trouble.
Key lines from the filing:
Exactly one day after Contestee Kris Mayes was sworn in as Arizona Attorney General,1 and two business days after Plaintiffs first received notice that Pinal County confirmed errors caused valid votes in the attorney general race to be misread as no votes (known as undervotes), Plaintiffs filed this Motion for a New Trial. Critically, then-Secretary Hobbs (a Defendant in this matter) knew about the misreads at the time of the trial, but chose not to disclose the widespread issues until after the pronouncement of the recount results. Yet despite Plaintiffs extreme diligence in quickly bringing this Motion for a New Trial, Defendants essentially argue “too little, too late.”
Sadly and unsurprisingly, Defendants wish away the guarantees of due process, ignore longstanding precedent, and cast aside material facts for fear of confirming what the evidence will undoubtedly prove: Abe Hamadeh, not Kris Mayes, received the most votes for attorney general when every qualified vote is accurately counted.
Arizona’s constitution demands that only the “person having the highest number of the votes cast for the office voted for shall be elected” (Ariz. Const. art. V, § 1(B)) and provides a statutory process to contest an election where “by reason of erroneous count of votes the person declared elected… did not in fact receive the highest number of votes for the office[.]” A.R.S. § 16-672(A)(5). And due process demands that Plaintiffs be granted a new trial based on the newly discovered (and questionably withheld) evidence as well as the error of the court of not only limiting the inspection of ballots to a small sample (and excluding inspection of provisional ballots), but also failing to provide Plaintiffs time to meaningfully inspect the ballots in preparation for trial (not just hours before the trial).
Not only did Defendant Hobbs kept Plaintiffs in the dark, Plaintiffs requested this Court accelerate discovery once Maricopa County failed to timely respond to Plaintiffs’ request for production of records related to provisional ballots. Yet Defendants opposed the request and this Court denied it. See Emergency Hearing Transcript 47:11-12 (Dec. 22, 2023). Consequently, Maricopa did not provide Plaintiffs with the information related to provisional ballots until December 31, 2022. Maricopa’s delay in providing critical evidence prevented Plaintiffs from timely discovering significant, likely outcome determinative, irregularities with provisional ballots.
Plaintiffs simply ask this court to allow the parties to inspect all ballots that failed to record a vote in the attorney general race (known as an “undervote”) in all 15 counties to confirm that the machines properly and appropriately counted every vote in the attorney general race – and ensure that no voter is disenfranchised through failed election systems and processes.
Additionally, Plaintiffs request review of the provisional ballots in all 15 counties that officials rejected on the grounds that the voter was not “registered to vote” or “not eligible to vote” in the November General election despite having successfully voted in the 2018 General, 2020 General, and/or 2022 Primary.
Notwithstanding Defendants’ hyperbole and incendiary language, Defendants’ responses demonstrate one thing: fear. Fear that the election was not conducted properly,fear that the reported results were not accurate, and, at bottom, fear of finding out the truth of the proper election result. That’s why Defendants sought to limit ballot inspection, prevented good faith inquires predicated on unimpeachable data, and wish to silence anyone who dare use a statutorily prescribed process to test the accuracy of the vote count by demanding excessive sanctions and threaten bar charges. This Court should take this opportunity to fully litigate this election contest to help restore transparency and accountability in Arizona elections and lead the way to restoring voter confidence.
Questionably Withheld Evidence Will Prove That Abe Hamadeh Received The Most Votes in the Attorney General Race
The Arizona Rules of Civil Procedure Permit Motions for A New Trial in Election Contests
Plaintiffs Motion is Neither Barred by Laches Nor Moot; Plaintiffs’ Remedy is Statutorily Prescribed and Constitutionally Sound
The whole of Arizona should not have to suffer because of Maricopa County’s maladministration of the 2022 election or because of any systematic failure that taints the reported results of a statewide election.