“We have more votes than Kris Mayes. It’s up to the courts to decide to count them.” – Abe Hamadeh
Recent analysis of uncounted provisional ballots in November’s attorney general race make a compelling case that Abe Hamadeh received more legal votes than Kris Mayes.
The 2022 faceoff between Hamadeh and Mayes serves as one of the closest races in Arizona’s history. It’s on par with one other historically significant race that was ultimately overturned, even after both the Maricopa County Superior Court and a Democratic Secretary of State had declared a winner: the 1916 gubernatorial election.
However, the year-long contention of that election had to do with the design of the ballots confusing voters on their vote. This time around, just over 100 years later, the issue concerned voters whose votes were denied to them due to government missteps and failures with election administration.
Last Tuesday, the Mohave County Superior Court granted Hamadeh oral arguments in his motion for a new trial challenging the outcome of his election based on hundreds of allegedly disenfranchised voters. That will occur in about a month, on May 16. Hamadeh shared that they have over 250 affidavits from allegedly disenfranchised voters at present. The vote margin difference is 280.
🚨BREAKING🚨
The Mohave County court has ordered Oral Arguments for our Motion for a New Trial on May 16.
My legal team will expose the government’s withholding of evidence that undermined the rule of law.
According to all counties’ data, there are roughly 8,000 provisional ballots outstanding. Hamadeh led on day-of voters statewide, winning an average of 70 percent of the votes. Provisional ballots may heavily favor him, due to the additional fact that day-of votes were generally 2 to 1 Republican.
“All data points suggest that it favors Republicans,” said Hamadeh.
It appears that, due to the mass tabulator failures, there were less voters but more provisional ballots cast this past election year. Rejection rates of these provisional ballots increased sharply across several counties: Santa Cruz County’s rejections increased from one out of the 117 provisional ballots cast to 83 out of the 139 provisional ballots cast. Pima County’s rejection rate doubled.
Despite Pinal County having a comparable number of provisional ballots cast in 2020 and 2022, their rejection rate increased from 59 to 63 percent.
Yavapai County more than doubled its rejection of provisional ballots this past election than in 2020 based on non-registration, despite having a significant decline in voter turnout (over 87 percent versus just over 75 percent).
Further data will be published in full as court proceedings continue. Hamadeh shared that his legal team is awaiting some data from several counties, which he said would bolster their case.
“As more data comes in, it’s getting worse for the government and looking better for us,” said Hamadeh.
Another development that could impact Hamadeh’s case is the divorce between Democrats’ top election lawyer, Marc Elias, and the Democratic National Committee (DNC).
Elias is engaged in an ongoing federal lawsuit fighting for the voting rights of those voters whose registration was canceled. Elias is fighting for all provisional ballots to be counted — an outcome that would be favorable for Hamadeh’s case, when it was originally intended to be favorable to Democratic interests.
Hamadeh’s legal and analytics teams estimate that over 1,000 voters had their voter registration erroneously canceled due to government system issues. That’s separate from the 8,000 provisional ballots outstanding.
Hamadeh’s team also discovered 750 high-propensity voters whose registrations were wrongly canceled. Of that number, only 176 showed up on Election Day.
“It’s really a screwed up situation,” said Hamadeh. “If you can imagine, the disenfranchisement is even bigger than what we’re arguing.”
Bureaucratic mismanagement resulting in voter registration failures is nothing new, especially for Maricopa County. In 2020, thousands of voters were nearly disenfranchised by intergovernmental miscommunication.
Hamadeh dismissed the argument from some outlets that high-propensity voters should’ve taken more steps to ensure they were registered, saying that doesn’t excuse the government’s failure.
“If you’re on PEVL [Permanent Early Voting List] and you expect your ballot to come but it doesn’t, you’re disenfranchised,” said Hamadeh.
Hamadeh referenced one case he called “egregious,” where a father paying his college daughter’s vehicle registration unknowingly had his registration transferred to a different county — all because his daughter was going to college in a different county.
“Without any notice by the way, he never got any notice. And we know he never intended to go to Coconino because he doesn’t have a house there or anything,” said Hamadeh.
There was also the case of Howard, a visually-impaired disabled veteran whose voter registration was canceled through bureaucratic error, unbeknownst to him, and left him without his voting power in this last election. Hamadeh insisted that Democrats’ refusal to see Howard as the victim in this case was hypocritical.
“The media and Democrats are trying to say this is voter error. But in every single election incident, just two years ago, they were arguing against these voter registration cancellations,” said Hamadeh.
Meet Howard from Mesa, AZ
He’s a combat veteran who has voted in every election. He showed up to vote on November 8 but was given a provisional ballot.
Howard fought for our country and our rights but Maricopa County told him his vote will NOT count. Watch his story👇 pic.twitter.com/qcGglUi9yh
Then there’s the 269 voters who showed up on election day with their mail-in ballot and checked in — but never had their vote counted. Yet, on the county’s end, those check-ins reflect votes cast. Of those 269 who dropped off mail-in ballots that weren’t counted, 149 were Republicans, 53 were Democrats, and 67 were “other.” Hamadeh reported that many of those voters told his team that their votes weren’t counted.
With a 280 vote margin between Mayes and Hamadeh, any of these contested provisional or mail-in ballots may result in the first race overturned in nearly a century.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona has been one of the nation’s most-ardent pro-life states, but its new Democrat Attorney General is seeking to quickly reverse that standing as she reacts to recent cases in the federal court system.
Last Friday, United States District Judge Matthew J. Kacsmaryk, who was appointed by former President Donald Trump, issued an order in Alliance for Hippocratic Medicine, et al. v U.S. Food and Drug Administration, granting a motion to stay “the effective date of the Food and Drug Administration’s (FDA) September 28, 2000 Approval of mifepristone and all subsequent challenged actions related to that approval – i.e., the 2016 Changes, the 2019 Generic Approval, and the 2021 Actions.”
Yet the same day, United States District Judge Thomas O. Rice, who was appointed by former President Barack Obama, issued an order in State of Washington, et al. v. U.S. Food and Drug Administration, et al., preliminarily enjoining the FDA and other defendants from “altering the status quo and rights as it relates to the availability of Mifepristone under the current operative January 2023 Risk Evaluation and Mitigation Strategy under 21 U.S.C. 355-1 in Plaintiff States.”
The plaintiffs in Judge Rice’s order were Washington, Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, Vermont, Hawaii, Maine, Maryland, Minnesota, Pennsylvania, and the District of Columbia.
Judge Kacsmaryk stayed his own order for seven days “to allow the federal government time to seek emergency relief from the United States Court of Appeals for the Fifth Circuit.” Judge Rice’s order went into effect immediately for the plaintiff states.
Arizona Attorney General Kris Mayes previously joined the Washington case in February, stating that the lawsuit “asserts that the FDA exceeded its authority by continuing its unnecessary and extremely burdensome restrictions on mifepristone,” and it “asks the court to find the FDA’s REMS (Risk Evaluation & Mitigation Strategies) restrictions unlawful and to bar the federal agency from enforcing or applying them to mifepristone.”
After Friday’s two judicial orders, Mayes assured her fellow Arizonans “that legal access to the drug (mifepristone) remains available for providers and patients in this state.” She promised that her office would join other states in filing an amicus brief to oppose Judge Kacsmaryk’s ruling, which came Monday. The court filing from several attorneys general across the country urged the U.S. Court of Appeals for the Fifth Circuit “to stay pending appeal the district court’s ruling.” Mayes said that “Judge Kacsmaryk’s outrageous and appalling ruling, if allowed to stand, would upend decades of scientific research and established legal principles.”
A three-judge panel quickly considered the appeal and decided that “the statute of limitations bars plaintiffs’ challenges to the Food and Drug Administration’s approval of mifepristone in 2000.” However, the judges noted that the plaintiffs’ arguments brought before the district court in “2016 and subsequent years” were timely. The FDA’s changes from 2016-on were as follows: “increased gestational age to 70 days (from 50 days); reduced required in-person office visits to one (from three), allowed non-doctors to prescribe and administer mifepristone; and eliminated reporting of non-fatal adverse events.” In 2021, the FDA also announced “’enforcement discretion’ to allow mifepristone to be dispensed through the mail during COVID-19.”
After the decision from the Appeals Court panel, Kristen Waggoner, the CEO and President for Alliance Defending Freedom, tweeted, “Last night’s Fifth Circuit decision is a step forward for the rule of law. Critical safeguards removed by the @US_FDA will be restored and abortion by mail will end. The FDA put politics over science when it unlawfully approved dangerous chemical abortion drugs. It has evaded legal responsibility for years and has jeopardized the health of women and girls. While there is still work to do to hold the FDA accountable for its lawlessness, girls and women are safer today.”
On Thursday, Attorney General Mayes “provided a summary of the legal status of mifepristone in Arizona” – as it stood at the moment. Mayes admitted that “this is a fast-moving situation, and we are likely to see further court orders in the coming days and weeks.” She vowed to “use every tool at our disposal to fight back against rulings from extremist judges seeking to interfere with the rights of individuals to make their own personal medical decisions.” Her release broadcasted that “under Arizona law, patients in other states who need reproductive care can still travel to Arizona to receive care here.”
The case is expected to be expedited to the U.S. Supreme Court based on the conflicting rulings from the District Courts in Texas and Washington, and the updated decision from the U.S. Court of Appeals for the Fifth Circuit.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Democrat Governor Katie Hobbs marked her 100th day in office last week; and while she hasn’t accomplished much in her short tenure so far, she nonetheless celebrated this milestone.
Hobbs wrote an opinion piece for the Arizona Republic to kick off her day, stating that her “administration has hit the ground running to follow through on the promises I made during the campaign.” She championed the 22 bills that she signed into law and her work on the border and budget negotiations.
The governor didn’t just laud her own accomplishments, but pointed fingers at legislators, in large part, due to the “highly politicized confirmation process” for her nominees to lead state agencies. Hobbs argued that this perceived obstruction “has led agencies to slow walk critical initiatives that could save lives or support vulnerable populations for fear that any move, no matter how innocuous, will be interpreted negatively by certain lawmakers.”
Arizona legislators have been extremely frustrated over the Governor’s Office slow walking of nominees to the Senate for confirmation in the early going of her administration as is her legal responsibility. Though the Hobbs’ administration has appeared to have picked up the pace of transmitting her selections to the Legislature, a Senate source did tell AZ Free News that there are still a few outstanding from the Ninth Floor.
Unsurprisingly, the governor did not include any of her administration’s missteps and unfavorable headlines, including her decision to pull the nomination of her first appointee to serve as the Director of the Arizona Department of Child Safety, the lack of transparency over aspects of her Inaugural Fund, or the sudden resignation of her press secretary – among others.
Hobbs also tweeted that “We’ve accomplished so much these last 100 days and laid the groundwork for what’s to come.” She shared two graphics that highlighted what her administration has done “to move Arizona forward.”
We've accomplished so much these last 100 days and laid the groundwork for what's to come. I'm so proud to share some highlights of what we've done to move Arizona forward ⬇️ 1/9 pic.twitter.com/nVevs27Y3w
On public safety and the border, the governor selected her Executive Order to establish the Independent Prison Oversight Commission and her roundtable discussion with U.S. Homeland Security Secretary Alejandro Mayorkas on migrant policy. On infrastructure, her speech at Lighting Up the Future, a benefit dinner for broadband expansion and digital equity. On Water and the environment, her establishment of the Office of Resiliency. On education, her Executive Order to create the Educator Retention Task Force. On health, her veto of Representative Matt Gress’s bill to enhance protections for pregnant victims. On housing, her Executive Order to reinstate the Arizona Governor’s Commission on Homelessness and Housing under new title. And on the economy, her International State of the State Address.
Mesa Mayor John Giles cheered on the governor’s first 100 days in office, writing, “In a divided government, Governor Hobbs has been forced to be a great defensive player. I appreciate that she’s also gone on the offensive for our shared priorities. She’s off to a great start, setting the right pace to tackle the issues impacting all Arizonans.”
In a divided government, @GovernorHobbs has been forced to be a great defensive player. I appreciate that she’s also gone on the offensive for our shared priorities. She’s off to a great start, setting the right pace to tackle the issues impacting all Arizonans. #Hobbs100pic.twitter.com/ZUCjg8gbVI
But many legislative Republicans disagreed with Hobbs’ (and others’) characterizations of her early time in office. House Speaker Pro-Tempore Travis Grantham told AZ Free News that “There’s not much for her to celebrate. It’s clear she wasn’t prepared to govern, and her administration has been a mishandled from the start. But we can celebrate that because of the work by Republicans at the legislature in recent years, the State of Arizona is in a pretty good position. Consider that we now have universal school choice for families, a 2.5 percent flat income tax for everyone, and a balanced budget with billions of dollars in the bank in a rainy-day fund, all because of Republicans. And we are going to protect and defend those things.”
Arizona Senate President Pro Tempore T.J. Shope tweeted out a preview of an interview he participated in outside of the chamber, saying, “Special thanks to @Telemundo for having me on to discuss the lack of promised bipartisanship from @GovernorHobbs over her first 100 Days. From vetoing food/rental tax cuts, standing with murderers on Death Row instead of crime victims, standing with sex offenders instead of parents, to vetoes on bills that had over 2/3s support in both House & Senate to expand access to health care options, the partisan actions haven’t lived up to the bipartisan hype.”
Special thanks to @Telemundo for having me on to discuss the lack of promised bipartisanship from @GovernorHobbs over her first 100 Days. From vetoing food/rental tax cuts, standing with murderers on Death Row instead of crime victims, standing with sex offenders instead of… pic.twitter.com/bUp0hKF0O1
Maricopa County agreed to pay a $175,000 settlement for denying press credentials to a reporter during last year’s election.
Approval of the settlement passed during the county board of supervisors’ meeting on Wednesday without discussion.
The county’s denial meant that the reporter, from the Gateway Pundit, couldn’t attend their press conferences. The county denied the press pass on the grounds that they didn’t believe the reporter was objective and apolitical enough for their tastes. In response, the outlet sued the county in TGP Communications v. Sellers.
In December, the Ninth Circuit Court of Appeals ordered the county to issue the outlet a press pass while the litigation continued in December. The court further asserted that the county likely violated the First Amendment and discriminated against the outlet based on the reporter’s political views.
“Permitting ‘truth’ to be determined by the county violates our foundational notions of a free press,” stated the order.
When Maricopa County rolled out its press passes last September, Recorder Stephen Richer tweeted what appeared to be an agreement — and even celebration — of a statement that the county was going to prevent The Gateway Pundit from attending county press conferences and other events.
Later, around the time of the lawsuit’s filing, Richer deleted the tweet. Richer told AZ Free News that he didn’t have a specific reason for deleting the tweet, just that he occasionally deletes posts that he dislikes or deems to be unproductive in hindsight.
The county’s press pass application page remained active until around January 2023. It required the journalist’s contact information, address, dates of planned coverage, work samples, and a pledge that they didn’t have a conflict of interest or association involvement that would compromise their journalistic integrity.
It also required journalists to promise they didn’t receive compensation or special treatment from advertisers or political organizations that would influence their coverage, and that they weren’t a lobbyist, advertiser, paid advocate, or influencer for any individual, political party, corporation, or organization.
A month after initiating the press passes system, the county launched a disinformation center. They further declared a limit to press access on county property.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Congressional candidate Kirsten Engel took a picture with failed Soros-backed district attorney candidate Julie Gunnigle about two weeks before her campaign launch.
The pair were attending the 18th International State of the State hosted by the Phoenix Committee on Foreign Relations (PCFR). Gunnigle ran on a campaign of major police defunding, a concept which Engel supported vocally following the 2020 BLM riots. Her police defunding proposals were echoed by her controversial campaign manager as well.
“What we need to do is shift where the money [for police] is going,” stated Engel.
Engel also encouraged her supporters to donate to the controversial Minnesota Freedom Fund, which earned national media attention for its practice of bailing out violent criminals. She also encouraged donations for Showing Up For Racial Justice, a group that published a toolkit on how communities could defund their local police.
Those past actions from Engel aligned with Gunnigle’s platform last year. Engel then spent time with Gunnigle on the campaign trail last year, despite Democratic leadership and advisors advising that candidates distance themselves from Gunnigle.
Gunnigle pledged to expunge marijuana-related criminal records; decriminalize hard drugs like heroin, crack, and meth; reduce incarceration rates; end cash bail; oppose the death penalty; fight elongated sentences for gang and weapons-related charges; establish mental health response services; and refuse prosecution for abortion offenses.
Gunnigle also campaigned alongside two public figures that mocked Blue Alerts: safety communications for countering law enforcement murders. The individuals were Chris Love, Planned Parenthood of Arizona board member, and Brianna Westbrook, Arizona Democratic Party vice chair.
National Republican Congressional Committee (NRCC) spokesman Ben Petersen said in a statement that Engel’s decision to keep company with Gunnigle was “terrifying,” adding that it revealed a disregard for public safety.
“Voters defeated Kirsten Engel and Julie Gunnigle’s extremely dangerous agenda of defunding the police and releasing violent criminals just five months ago, yet Engel is still palling around with Gunnigle,” said Petersen.
Democrats began distancing themselves from Gunnigle as Election Day neared. Attorney General Kris Mayes told voters during campaign debate last year that she disagreed with some of Gunnigle’s positions and wouldn’t endorse her. That marked a complete flip from two years ago, when Mayes endorsed Gunnigle’s first run for Maricopa County attorney.
Maricopa County Sheriff Paul Penzone, a Democrat, said at the time that Gunnigle’s platform concerned him.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Earlier this week, Democrat Governor Katie Hobbs continued her effort to break Arizona governors’ veto record, vetoing five bills sent to her from the state legislature.
The bills that Hobbs vetoed were HB 2552, HB 2675, HB 2754, SB 1236, and SB 1251.
Former Gov. Janet Napolitano set the record with 58 vetoes.
HB 2552, sponsored by Representative Austin Smith, would have prohibited “certain entities from using a voting method or nomination process that includes the ranking of candidates or allows candidates to be eliminated through multiple rounds of tabulation.” It also would have required “the person who receives the highest number of legal votes in an election to be declared elected.” Hobbs explained that “ranked choice voting is an election process that is used successfully elsewhere in the country.”
HB 2675, sponsored by Representative Steve Montenegro, would have declared “that drug cartels are terrorist organizations and required the Arizona Department of Homeland Security to do everything within its authority to address the threat that drug cartels pose.” Governor Hobbs justified her veto of this bill by saying, “Labeling drug cartels as terrorist organizations to deploy state resources is not a real solution and is not a state function.”
HB 2754, sponsored by Representative Rachel Jones, would have included “nongovernmental organizations in the definition of an enterprise for purposes of criminal liability and subjected an enterprise to criminal liability for the offense of participating in a human smuggling organization.” In announcing her veto of this proposal, Hobbs said, “This bill has unintended consequences for organizations that support immigrants.”
SB 1236, sponsored by Senator Wendy Rogers, would have declared “the regulation of the imposition of a tax or fee on a person or entity running a node on block chain technology to be a matter of statewide concern and preempted further regulation by a city, town or county.” The Governor stated that “this bill broadly defines ‘blockchain technology’ and prevents local policymaking concerning an emergent and potentially energy-intensive economic activity.”
After Hobbs’ action, Senator Rogers tweeted: “Of course Hobbs blocked my bill…anything that encourages the free markets gets torpedoed.”
Of course Hobbs blocked my bill… anything that encourages the free market gets torpedoed. https://t.co/ZGmPdDKuzv
SB 1251, sponsored by Senator Janae Shamp, would have prohibited “a city, town or county from enacting any ordinance, resolution or policy that prohibits or restricts a person from using a working animal in lawful commerce or for an animal enterprise.” Hobbs wrote that “SB 1251 is a solution in search of a problem. As the bill sponsor stated, no Arizona city, town, or county restricts rodeos or the use of working animals for agricultural or ranching operations. There are also no pending policy proposals to do so anywhere in Arizona.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
