Friday, March 24, 2023

BREAKING: Hamadeh Tries To Rejuvenate His Election Contest By Piggybacking On Lake's Supreme Court Order (READ Filing)

Republican Attorney General Candidate Abe Hamadeh pounced on the Arizona Supreme Court's Order in the Kari Lake appeal, and told the trial judge he should give him another chance at fighting Maricopa County's signature verification process.

Hamadeh lost to Kris Mayes by less than 300 votes, and he lost his Election Contest trial in December. However, rather than appeal, Hamadeh filed a Motion for a New Trial on January 3. Despite the expedited timeline for Election Contest cases, Mohave County Judge Lee Jantzen has not yet ruled on the Motion, and is coming up on the (advisory) deadline for judges to rule on outstanding motions in early April.

(In addition to the (1) Motion for a New Trial, Judge Jantzen is coming up on his deadlines to rule on the Defendants' Motions for (2) Sanctions and to (3) Compensate Ballot Inspectors, and a (4) Motion to Intervene by House Speaker Ben Toma and Senate President Warren Petersen.)

Hamadeh's legal team use three points from the Lake Order to justify their request for a new trial:

--The Mayes/Hamadeh margin is much closer than the Hobbs/Lake margin, and the Supreme Court's mention of needing a "competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty" is relevant in his case.

--Judge Jantzen dismissed Hamadeh's Count V regarding signature verification based on laches. The Supreme Court said laches should not apply to a challenge against the application of the policies.

--Finally, Hamadeh argues that the Supreme Court's Order shows that "the time provisions (in the Election Contest statutes) do not conflict to prevent this Court from granting a new trial."

They also ask Judge Jantzen to set a hearing on their Motion.

Here is the new filing:

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

No comments:

Post a Comment

UPDATE: Apache County Election Certification Can Proceed, Court REJECTS Navajo Nation Suit To Allow For More Ballot Curing Time (READ Filings, Order)

Apache County will not have to delay tomorrow's canvass of the election results in order to give voters additional time to cure any sign...