It has been more than seven months since the 2022 General Election, and there is no sign that a Mohave County judge has any sense of urgency in addressing the last remaining election challenge.
Judge Lee Jantzen was assigned in early December to preside over Abe Hamadeh’s challenge of the 511-vote canvassed victory of Kris Mayes in the race for Arizona Attorney General. A trial was held in the case in Kingman on Dec. 23, during which Jantzen ruled Hamadeh provided insufficient evidence to support the challenge.
Jantzen, however, still has not ruled on Hamadeh’s Jan. 3 motion for a new trial. That motion is based in part on Pinal County’s tabulation problems which did not become public until Dec. 29 after a statewide recount that cut Mayes’ lead to a mere 280 votes.
The recount case revealed that then-Secretary of State Katie Hobbs and Pinal County officials knew of evidence prior to the Dec. 23 trial which supported Hamadeh’s challenge but withheld the information from Hamadeh and Jantzen.
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As a result of Jantzen’s slow roll, some voters believe Hamadeh is somehow responsible for the lengthy delay in resolving the issues surrounding the attorney general’s race. But the judge is the one at the wheel, and attorneys familiar with Jantzen say any effort by Hamadeh’s legal team to get him to proceed faster could boomerang.
Other court observers point to the sharp contrast between Jantzen’s management of the Hamadeh v. Mayes case and that of Judge Peter Thompson of the Maricopa County Superior Court. It is Thompson who presided over gubernatorial candidate Kari Lake’s election challenge against Katie Hobbs.
Jantzen has shown no concern with how many days have passed and is treating the election case like any other civil matter. By comparison, Thompson repeatedly cited state law and court rules which he and other judges across the state have interpreted as requiring election challenge cases to receive expediated handling.
The timing difference is one reason Lake’s challenge of her loss to Hobbs has been to trial twice, as well as to the Arizona Court of Appeals and the Arizona Supreme Court a few times.
Court records show Jantzen took from Jan. 3 to April 11 to even announce a hearing date on Hamadeh’s motion for a new trial. The hearing finally took place May 16, with the judge telling the parties he would have a ruling in “a few weeks.”
It has now been four weeks, and Jantzen still has not announced his findings.
In the meantime, Hamadeh cannot ask the Arizona Court of Appeals to consider the case because Jantzen still has not signed a final order. Such an order is required to show the appellate court they have jurisdiction to get involved.
Hamadeh’s legal team declined to comment on the wait time issue.
Dec. 5 – the state’s 2022 general election results were canvassed
Dec. 5 – a statewide recount in three races, including attorney general, is ordered
Dec. 9 – Hamadeh’s lawsuit was filed challenging Mayes’ 511-vote win
Dec. 23 – Jantzen conducts trial in Hamadeh’s election challenge; rules insufficient evidence presented
Dec. 29 – Statewide recount hearing in Maricopa County cuts Mayes’ lead to 280 votes as public learns significant evidence was withheld by Hobbs and Pinal County during trial
Jan. 3 – Hamadeh files a motion for new trial based in part on the withheld evidence
April 11 – Jantzen sets May 16 for a hearing on the motion for new trial
May 16 – Jantzen tells the parties he will issue ruling in “a few weeks”
June 13 – 4 weeks since hearing but no ruling yet on new trial request