What might be Abe Hamadeh’s last filing in hopes of keeping his election challenge alive in the 2022 race for Arizona Attorney General was turned in Wednesday to the Arizona Supreme Court.
The filing is a reply in support of Hamadeh’s Aug. 3 petition for special action, which argues Hamadeh’s case deserves the attention of the justices as it involves “a matter of statewide importance, great public interest, and requires final resolution in a prompt manner.”
The reply by Hamadeh’s legal team addresses a filing the Contestee, Kris Mayes made last week in response to the petition, along with a response filed by Arizona Secretary of State Adrian Fontes.
AZ Supreme Court Wants More Briefings In Hamadeh V. Mayes Case
In the reply, attorney Jennifer Wright pushes back on suggestions by Mayes and Fontes that Hamadeh is somehow responsible for the case still being in the courts more than nine months after the 2022 General Election.
Wright argues that but for delays by Judge Lee Jantzen of the Mohave County Superior Court, voters could have known months ago who actually received the most lawful votes cast in the attorney general race.
“In fact, Defendants would rather attack the legal process and Petitioners’ counsel than consider the evidence that Hamadeh, not Mayes, received the most lawful votes for Attorney General,” Wright notes, adding that the closest election in Arizona history “demands full and fair litigation” in a case Jantzen publicly acknowledged presents “a close call in a closely contested election.”
A key issue is that Jantzen has failed to issue two final judgments – one from December 2022 and one from July 2023 – which Hamadeh and his co-plaintiffs need for seeking involvement of the Arizona Court of Appeals. Those other plaintiffs include two Mohave County voters and the Republican National Committee.
Wright even provides details to the supreme court justices of how long the case has been outstanding:
- 281 days since the General Election,
- 236 days since Jantzen orally dismissed Hamadeh’s legal challenge,
- 225 days since Hamadeh filed a motion for new trial,
- 191 days since the motion was ripe for a ruling by Jantzen, and
- 33 days since Jantzen denied the new trial motion without issuing a final judgment.
“The unusual posture of this case created by the trial court’s dilatory conduct necessitates this special action,” Wright wrote. “Critically, if the Court grants a new trial, any appeals resulting from trial can hopefully be exhausted before the new year.”
In Hamadeh’s filing, Wright further argues the “available evidence suggests that once all votes are counted, Abraham Hamadeh –not Kris Mayes– will prevail, rendering him Arizona’s constitutionally elected Attorney General.”
Therefore, the reply argues, time is of the essence as “every day Contestee remains in office is another day that the will of Arizona voters is subverted, and democracy is denied.”
The filing also rebuts what Wright describes as “caustic distractions” put forth by Mayes and Fontes in attempting to have Hamadeh and his legal team sanctioned for seeking the Arizona Supreme Court’s involvement.
“Red herrings aside, Petitioners and Arizonans are entitled to a plain, speedy, and adequate answer as to whether this warrants a new trial,” the reply states. “Rather than acknowledging the import of evidence that came to light after trial, Defendants [Mayes and Fontes] seek to sweep it all under the rug.”
The Arizona Supreme Court has several options as to how to respond to Hamadeh’s petition. This could include a referral of the matter to the Arizona Court of Appeals or even a direct order for Jantzen to issue the required judgments by a deadline.