The top two leaders of the Arizona Legislature filed a brief with the Arizona Supreme Court on Wednesday, urging the justices to accept a petition for special action filed earlier this month by Abe Hamadeh, the Republican candidate for Arizona Attorney General in the 2022 General Election.
It is the second time Senate President Warren Petersen and House Speaker Ben Toma have filed an Amici Curiae (friends of the court) brief in Hamadeh’s election challenge to the 280-vote victory claimed by Democrat Kris Mayes, who is the Contestee in the case.
The Aug. 16 brief argues that the election challenge case “has been afflicted with a barrage of indignant fulminations and obstructive machinations from the Contestee and at least some of the governmental defendants.” It adds that those tactics, “have obstructed any searching judicial examination of the election’s administration.”
The brief was filed on behalf of Petersen and Toma by attorneys Kory Langhofer and Thomas Basile. It points to the “nearly unprecedented circumstances” surrounding Hamadeh’s election challenge and the “indispensable role” the justices can play in affirming which candidate received the highest number of lawful votes.
It also includes arguments that the Legislature has designed a robust process to uncover and correct “material mistakes” in the administration of elections.
“The amici take no position on which candidate received the highest number of votes for the office of Arizona Attorney General in the November 8, 2022 general election,” the brief states. “Rather, they urge the Court to effectuate the purpose of the election contest statutes and afford the parties a full and fair opportunity to adduce the facts necessary to answer that pivotal question.”
Petersen and Toma go on to argue that the system of government depends on the accurate tabulation of every legal vote.
“This imperative does not lapse on Inauguration Day; it imparts to the courts an enduring obligation to guarantee a full and fair adjudication of every bona fide dispute that may be material to the determination of an election,” the brief argues.
Hamadeh’s election challenge was filed Dec. 9 and was set for a trial on Dec. 23 in Mohave County Superior Court.
The amicus curiae brief contends Mohave County Judge Lee Jantzen abused the court’s discretion by denying sufficient time prior to trial for the Contestors –which are Hamadeh, the Republican National Committee, and two Mohave County voters– to inspect sufficient ballots and conduct other pretrial discovery.
“Contestants were permitted only a severely truncated inspection of ballots in three
counties and denied any meaningful pre-trial discovery,” the brief argues, noting Petersen and Toma offered the brief “to articulate the perspective of the legislative branch on important issues bearing on the application –and underlying aspirations–of statutes it has enacted.”
The arguments by Petersen and Toma that the justices grant Hamadeh a new trial in his election challenge was echoed in a second amici curiae brief filed this week by the nonprofit America First Legal Foundation (AFL).
The AFL describes itself as promoting the rule of law in the U.S. “by preventing executive overreach, ensuring due process and equal protection for every American citizen, and encouraging understanding of the law and individual rights guaranteed under the Constitution and laws of the United States.”
Its brief authored by attorney James K. Rogers focuses on Judge Jantzen’s July 14 denial of Hamadeh request for a new trial at which the Contestors could put forth evidence, much of which was withheld by various parties during the December trial.
Among the AFL’s arguments are that Jantzen’s denial of a new trial was an abuse of discretion because then-Secretary of State Katie Hobbs “appears to have committed misconduct.”
The AFL also argues Jantzen’s explanation for denying Hamadeh’s request for a new trial would render Arizona’s election contest statute unconstitutional. And that the judge’s interpretation “violates the Absurdity Doctrine.”
In the end, the Arizona Supreme Court has final say on whether the AFL’s brief will be accepted for consideration by the justices.
On Thursday, Hamadeh thanked America First Legal and the Arizona legislative leaders for filing the briefs.
“I made a promise to the people of Arizona to ensure that every legal vote is counted – I intend to keep it,” he said.
It is now a matter of wait-and-see for the parties, as the justices could issue a ruling at any time.
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Hamadeh Files New Arguments In Hopes AZ Supreme Court Takes Election Case