Abe Hamadeh Asks Arizona Supreme Court for New Trial, Says Previous Trial Revealed Enough Uncounted Votes to Possibly Change Election

Abe Hamadeh filed a Petition for Special Action with the Arizona Supreme Court on Friday asking the court to consider providing him with a new trial in his election lawsuit contesting losing the attorney general’s race. Mohave County Superior Court Judge Lee F. Jantzen denied Abe Hamadeh’s request for a new trial in July, despite the fact Hamadeh discovered that then-Secretary of State Katie Hobbs withheld evidence of undervotes in Pinal County, which led to Kris Mayes’ lead shrinking to only 280 votes over Hamadeh, making it the closest statewide race in Arizona history. Hamadeh believes up to 76,339 “undervotes” statewide were not counted in the election.

Hamadeh said in a statement provided to The Arizona Sun Times, “I stand by my commitment to keep fighting for the people of Arizona and protect their sacred right to vote. As a veteran, I took an oath to serve our country overseas, and I will continue to serve Arizona and our country. The evidence cannot be ignored — there are thousands of uncounted ballots. Although we have faced unusual roadblocks at the trial court, we are confident we will have our day in court to present the evidence and ensure that the will of the people is honored.”

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Judge Denies Abe Hamadeh’s Request for a New Trial, Says Only ‘Six Votes’ Would Have Been Different

Mohave County Superior Court Judge Lee F. Jantzen denied Abe Hamadeh’s request for a new trial in his election contest over the attorney general’s race on Friday, issuing his opinion with the reasoning on Monday. He said “the evidence showed that only about six votes difference would have been found after reviewing the numerous undercounted ballots.”

Hamadeh issued a statement shortly afterwards, “The court’s ruling is an invitation to an appeal, and we will do just that.” He added in a tweet, “I have every confidence that the (Arizona) Supreme Court is not going to let this precedent stand. It would be a terrible precedent in terms of the legal community to have the government be able to withhold evidence & get away with it.”

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Judge Denies Abe Hamadeh’s Request for a New Trial Despite 280-vote Difference

Almost two months after hearing oral arguments to determine whether Abe Hamadeh should be awarded a new trial in his election contest, Mohave County Superior Court Judge Lee F. Jantzen denied the request on Friday. Hamadeh’s legal team had requested the retrial based on discovering evidence that was withheld from them during the first trial; “undervotes” discovered in Pinal County that were erroneously not counted. The new votes shrunk Kris Mayes’ lead to only 280 votes. It is the closest statewide race in Arizona history. 

Jantzen said in the short ruling that he will be issuing his full reasoning behind the decision on Monday by noon, stating that it was a “close call in a close contest.” Hamadeh responded in a statement, “[W]e believe the situation is very simple: the contest was not as close as it stands now. If all legal votes are counted, I win this race for attorney general.”

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Arizona AG Candidate Hamadeh’s Election Challenge Will Proceed to Trial

Arizona Republican Attorney General candidate Abe Hamadeh’s election challenge will proceed to trial, after an Arizona judge denied Democratic Attorney General-elect Kris Mayes’ motion for dismissal.

In the Tuesday ruling, Mohave County Superior Court Judge Lee F. Jantzen did dismiss five of Hamadeh’s counts, but allowed his other claims to proceed to an evidentiary hearing scheduled for Dec. 23. Presently Hamadeh trails Mayes by 511 votes.

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