Judge Denies New Trial In AG Election, Appeal Certain

July 15, 2023 Terri Jo Neff
hamadeh
Abe Hamadeh received the endorsement of several law enforcement organizations, including the Arizona Police Association.

It took more than six months for Abe Hamadeh to be denied a new trial in his election challenge against Kris Mayes for Arizona Attorney General, and now he -and voters across the state- must wait even longer to find out why.

Judge Lee F. Jantzen of the Mohave County Superior Court released a “court order / notice / ruling” on Friday afternoon, stating he was denying Hamadeh’s motion for a new trial at which the Republican candidate hoped to present evidence he believes shows Mayes did not receive the most lawful votes during the 2022 General Election.

But missing from Jantzen’s ruling was the required explanation as to how the judge came to his decision. The 60-day deadline for a ruling in Hamadeh’s new trial motion is Monday, July 17.

According to Jantzen, “a weekend fire in the Court’s home and some emergencies” prevented him from completing his written ruling.

“This is a close call in a closely contested election,” Jantzen noted, adding he will “have a full written minute entry discussing this ruling and addressing other pleadings that have been filed in this case” by noon Monday.

Those other pleadings mentioned by the judge include motions filed back in January asking Jantzen to approve a pay rate for several people who served as ballot inspectors in various counties prior to the Dec. 23 trial. None of those inspectors have yet to be paid.

Jantzen ruled at the end of the trial that Hamadeh, who was then represented by attorney Timoty LaSota, failed to present evidence that Mayes did not receive the most votes. At the time, Mayes had a 511-vote margin which would be cut to only 280 votes the next week with the announcement of statewide recount results.

For her part, Mayes said Friday she was “happy” to learn of the judge’s albeit incomplete decision, adding that the “will of Arizona voters will not be undermined.” Yet it is the will of those voters during the November 2022 General Election that goes to the heart of Hamadeh’s motion for new trial.

Hamadeh filed the motion Jan. 3, just days after it was revealed during a recount court hearing that then-Secretary of State Katie Hobbs knew during the Dec. 23 trial that Pinal County officials failed to count hundreds of ballots prior to the general election canvass.

Knowledge of Pinal County’s elections problems was kept not only from Hamadeh but also the judge until after the trial. Hamadeh’s expanded legal team, which now includes the Davillier Law Group as well as Jennifer Wright, contend LaSota could have argued for more ballot inspections prior to trial had the truth been revealed.

It is one reason several legal experts suggest Mayes’ celebration may be premature, as Jantzen may have based his decision on legal interpretations that actually run contrary to the arguments put forth by the Democrat’s attorney.

And the Arizona Supreme Court could eventually reverse Jantzen’s ruling and order the new trial at which Hamadeh intends to show lawfully valid votes were not counted in the attorney general race, either due to missed tabulation, incorrectly recorded undervotes, and rejection of provisional ballots.

“All we want is to count the votes. Imagine a world where votes aren’t counted in an American election” Sigal Chattah, a Nevada lawyer who is another of Hamadeh’s attorneys of record for the new trial motion.

Jantzen’s ruling prompted several influential Republicans to question how the judge could deny the motion. Among those were top-rated conservative talk show host James T. Harris and Brian Anderson, president of the Arizona-based Saguaro Group research firm.

Sergio Arellano, Executive Director of Conserva Mi Voto, a Latino civic engagement organization tweeted, “I believe we all deserve our day in court, why not for @AbrahamHamadeh !?!!?”

As previously reported by Arizona Daily Independent, Jantzen has been publicly reprimanded as well as censured by the Arizona Commission of Judicial Conduct for not issuing decisions within 60 days as required by Arizona Supreme Court rules.

READ ABOUT JANTZEN DISCIPLINARY ACTION HERE:

Mohave Judge Assigned To Hamadeh Election Case Was Censured And Reprimanded In Past For Overdue Rulings

Joining Hamadeh as plaintiffs in the election challenge are two Mohave County voters as well as the Republican National Committee. Hamadeh said Friday his legal team will prepare an appeal as soon as the judge’s full order is released.

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