arizona supreme court
AG Candidate Hamadeh Appeals To Arizona Supreme Court For New Trial

August 5, 2023

By Corinne Murdock |

Republican Attorney General candidate Abe Hamadeh has taken his appeal for a new trial to the Arizona Supreme Court. 

In the petition filed on Thursday, Hamadeh’s team argued that the state’s judicial branch had thus far failed to provide timely decisions in such a time-sensitive case. The trial court took 161 days to issue its order denying Hamadeh’s motion since the initial January filing, which included over 60 days for the judge to set oral argument, and another 60 days for the judge to issue his denial. 

“Pointedly, the parties’ rights to speedy decisions have been grossly and repeatedly violated,” stated the petition. “Given the urgency to resolve all of these matters and the lack of a plain, speedy, and adequate remedy, a special action to this Court is warranted.”

Hamadeh declared that the public had the right to a full, unfettered review of the evidence. According to his petition, that amounts to “hundreds, if not thousands” of uncounted votes that would heavily weigh in his favor and, ultimately, determine him the rightful winner of this past election.

“Our justice system cannot tolerate the government withholding evidence,” tweeted Hamadeh. “Count the votes.”

This evidence, according to Thursday’s petition, indicates critical vote count discrepancies that undermine the integrity of the recount result’s 280-vote lead that declared Democratic opponent Kris Mayes the victor. This included the allegation that machine tabulators misread valid votes as undervotes.

Last month, the trial court rejected Hamadeh’s bid to further undertake the process and exploration of alleged vote count discrepancies uncovered through the recount.

Hamadeh filed a motion for a new trial in January based on alleged evidence of uncounted votes discovered through the recount process. In Thursday’s petition, Hamadeh counsel explained it wasn’t possible to obtain this evidence warranting a new trial until after the late-December evidentiary hearing.

“[T]he newly discovered evidence was information and data that government bodies not only failed to disclose but that they also wrongfully withheld,” stated the petition. “[S]tate and county officials used the power and purse of the government to take a substantive position in an election contest and to actively tip the scales of justice by withholding public records and concealing information that validated the vote count issues Petitioners raised at trial.”

The petition further argued that the trial court’s denial was due to a lack of procedural clarity in election contests, not lack of evidence. 

“If elections in Arizona are to truly be free and equal, Arizonans must be assured that government bodies cannot use resource and information asymmetry to favor one candidate over another with impunity,” concluded the petition. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to

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