by Corinne Murdock | Jun 29, 2023 | News
By Corinne Murdock |
Republican attorney general challenger Abe Hamadeh has yet to receive a ruling, a month after Mohave County Superior Court Judge Lee Jantzen promised one. The delay aligns with the judge’s history of tardiness on issuing rulings.
Hamadeh argued for a new trial in mid-May. At the time, Jantzen said he had a specific date in mind to issue a ruling, which he didn’t disclose, but promised to issue a ruling in several weeks’ time. That would’ve meant a ruling at some point near the end of May, possibly early June. It’s nearly July now.
Jantzen has been disciplined twice for failing to issue rulings on time.
In 2018, Jantzen was censured for violating the Code of Judicial Conduct, after failing to rule on an individual’s petition for post-conviction relief for over two years. Over those two years, Jantzen falsely certified on multiple payroll statements that he had no matters under submission that were pending and undetermined for over 60 days.
At some point prior to that punishment, Jantzen received a warning from the Commission on Judicial Conduct for similar misconduct involving a delayed ruling.
In 2021, Jantzen was again publicly reprimanded for failing to issue a ruling within 30 days as promised. He ended up issuing the ruling after 79 days. During that time, Jantzen again signed a payroll certification falsely claiming that he had no tardy matters under submission pending and undetermined.
Hamadeh trails Attorney General Kris Mayes by 280 votes: a fraction of the original 511 vote lead Mayes had prior to the recount. During oral arguments for a new trial in May, Hamadeh argued for the favorable existence of hundreds of “lost” uncounted votes — or, undervotes — and provisional ballots.
There were over 9,000 provisional votes that weren’t included in the final count. About 70 percent of Election Day voters were in favor of Hamadeh. Based on that scale, Hamadeh could have more than enough votes to surpass Mayes.
Provisional vote totals took as long as they did to discover due to a delay in response from the counties, according to Hamadeh. The disjunctive information flow between the government and the public is one of the warranting factors for a new trial, per Hamadeh.
“We have to get information from 15 different government agencies, and it’s complicated,” said Hamadeh. “I wish we had access to the information that the government has. That’s why we’re asking for a new trial.”
During the oral arguments, Mayes’ team focused on the amount of time that has passed since last fall’s election and her swearing in. Hamadeh has dismissed that claim. He argues that the Arizona Constitution’s absolute statement that the candidate with the most votes wins the election trumps any statutory timelines set by legislatures.
Of note, Mayes’ counsel never staked the claim that Mayes obtained the most votes. Conversely, Hamadeh’s team took every opportunity to present samples of evidence of uncounted, existing votes. The merits of these claims went uncontested by Mayes’ team.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jun 4, 2023 | News
By Corinne Murdock |
Arizona civil rights activist Jarrett Maupin, Jr., characterized the 2022 attorney general election contest as the “civil rights issue of our time.”
Maupin referenced the allegations of disenfranchisement, which he claimed would bring American society back to a time where Black citizens couldn’t vote under the Democratic Party.
“Without the right to vote and to have every vote counted, we will return to the dark days of the Democrats of the Old South. If you cannot vote, you are a slave,” said Maupin. “Period.”
Maupin has run multiple times for different offices, including Congress and Phoenix mayor.
Republican attorney general candidate Abe Hamadeh is challenging the validity of Kris Mayes as the elected attorney general. The Mohave County Superior Court granted oral arguments earlier this month. As AZ Free News reported, Judge Lee Jantzen expressed interest in the sampling of evidence provided by Hamadeh’s team during the arguments.
Hamadeh’s team focused on evidence of allegedly disenfranchised voters, specifically uncounted votes from undervotes and provisional ballots. Opposition representing Mayes, Secretary of State Adrian Fontes, and Maricopa County argued that too much time has passed since the initial December hearing and swearing-in.
A ruling in the oral arguments is pending but should be made available soon. Jantzen promised a ruling in several weeks’ time; it’s been over two weeks since the hearing.
While the outcome of Hamadeh’s oral arguments remains pending, a nonprofit organization filed a lawsuit against Gov. Katie Hobbs for failing to fulfill a public records request related to the election while in her capacity as secretary of state.
America First Legal (AFL) submitted its public records request 10 days after Election Day last year, on Nov. 18.
AFL requested all emails from Nov. 8-16 sent to and from Hobbs; Hobbs’ former assistant secretary of state and, most recently, former chief of staff Allie Bones; Hobbs’ former communications director as both secretary of state and governor, C. Murphy Hebert; and Hobbs’ former deputy communications director while secretary of state and current deputy communications director, Sophia Solis.
Bones resigned from Hobbs’ office several weeks after AFL filed its lawsuit. Hebert was dismissed in March, just days after Hobbs’ former press secretary, Josselyn Berry, resigned over a tweet indicating a call for gun violence against transphobes. Berry issued the tweet hours after the Covenant School shooting in Nashville, Tennessee, perpetrated by a woman who identified as a transgender male. The Covenant School is a private Christian school; the shooter has an unreleased manifesto corresponding with the murders.
Hebert was hired earlier this month by the current secretary of state, Adrian Fontes.
AFL reported that though Hobbs’ administration never responded to their request, Fontes did. Fontes denied the request on Feb. 1 of this year. His administration claimed that the request covering the emails between four employees over the course of nine days constituted “an unreasonable administrative burden.” The secretary of state’s general counsel, Amy Chan, said the request concerned “many thousands of emails” in her rejection letter.
READ THE LAWSUIT
AFL argued that Fontes’ office failed to fulfill their statutory duty of providing “sufficiently weighty reasons” for denying the request. This includes, according to court precedent cited by AFL — ACLU v. Arizona Department of Child Safety — the resources and time it took to locate and redact the materials, the volume of materials requested, and how much it disrupted the secretary of state’s core functions.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Jeff DeWit | May 24, 2023 | Opinion
By Jeff DeWit |
Election integrity is crucial for our Constitutional Republic and is rooted in the understanding that all legal votes will be counted. Our American elections should be secure, transparent, and honest.
Arizona voters are currently in a situation where Democrats are fighting against efforts to allow lawful votes from being counted in what has turned out to be the closest statewide race in Arizona history, the Attorney General race between Republican Abe Hamadeh and Democrat Kris Mayes.
Sometimes when voters go to the polls, they are required to use a “provisional” ballot but are promised by law that their vote will still count. Shockingly, there are currently over 9,000 provisional ballots that were never counted in the Attorney General race. This race is separated by just 280 votes out of 2.5 million votes, and Arizonans deserve to have every vote counted. Many of these voters are high-propensity voters that have voted in previous elections, but their votes are being erroneously disenfranchised from the voting process. Provisional ballots have been ordered by the courts to be opened and counted in the past and should be in this case as well. In some cases, these voters were strangely registered in a county other than their county of residence without their knowledge or intent.
To make matters worse, back in late December, the legal team for Hamadeh discovered that Gov. Katie Hobbs, (then Secretary of State) withheld valuable evidence regarding vote totals being incorrectly tabulated in Pinal County. There is good reason to believe that had this been known to the judge overseeing Hamadeh’s December trial, he would have ruled for a proper inspection of the ballots to ensure every legal vote was being counted, including the provisional ballots.
Why they weren’t counted in the first place remains a mystery. Some say it was purposeful. There are claims that since the election was down to a 280-vote margin for Democrat Mayes and falling fast, the Democrat Secretary of State and Democrat Recorder just decided to stop counting before the results flipped.
The same individuals who argued to have ALL votes counted (not just legal votes) prior to the election taking place are the same individuals who now refuse to count the outstanding provisional ballots.
Since the provisional ballots were breaking 70% Republican on Election Day, the race was within moments of flipping to a Republican victory had they not stopped counting. Whatever the reason that the counting stopped, what is undoubtedly true is that ALL the ballots need to be counted.
When this is added to the latest news last week from Pinal County (see stories regarding the Pinal County elections director knowingly seeing glaring errors and inaccuracies in the votes, cashing out and fleeing the state), this appears to at least be a case of gross negligence. Clearly, the uncounted provisional ballots should be counted.
Understanding precedent is also important here. This would not be the first time in Arizona’s history that an election was overturned after an election lawsuit. In 1916, the race for governor was ultimately overturned and the legitimate winner rightfully took office 13 months after the election. Similarly, in the 1996 race for Yuma County Board of Supervisors, the election was eventually overturned after nearly a year of litigation.
The future of our Constitutional Republic depends on it, and the Arizona Republican Party will continue to fight for ELECTION INTEGRITY. The best course of action is undoubtedly to clean up the voter rolls. However, in the interim, it is imperative that we count all provisional ballots. Everyone should be demanding the same from our government: Let ALL of the voters be heard by letting ALL of the votes be counted.
Jeff DeWit is the Chairman of the Arizona Republican Party. Previously, he was the Chief Financial Officer for NASA and the elected State Treasurer of Arizona, as well as C.O.O. & C.F.O. of the Trump Campaign in 2016, and C.O.O. again in 2020.
by Corinne Murdock | May 23, 2023 | News
By Corinne Murdock |
The state of our republic is the foremost concern for Abe Hamadeh. Arizona is in a position to define it, specifically based on the outcome of Hamadeh’s election challenge.
“The idea of America, whether we are a nation that is ruled and governed by ‘we the people’ is threatened,” said Hamadeh in an interview with AZ Free News. “It’s the idea that Americans have lost faith in the idea that our elections are fair and honest. Once you lose confidence in that, you lose confidence in other aspects of America — like the rule of law.”
Hamadeh said that the recently released Durham report epitomized these concerns. The Department of Justice’s 306-page findings on the weaponization of the federal government against former President Donald Trump shined a clear light on the current nature of government and media, and the vital importance of an honest judiciary to hold them accountable.
“I sit back, and in its plainest terms: it was an attempted coup on President Trump. How there’s no accountability for that, how Hillary can collude with Russia to create a fake dossier, and this is what Durham has reported. That’s frightening,” said Hamadeh. “I recognize the power of the media, and it’s something I never thought I had a good grasp on. I thought they were generally biased but trying to be factual. But now I’ve discovered that the fourth estate has been totally corrupted, and there’s nobody holding the government accountable. The only thing we’ve got left to hold it accountable is the independent judiciary, which has been threatened by the left.”
It’s his deep concern for the direction of our nation, starting with the state of our elections, that affords him the boundless energy to continue his challenge of the 2022 attorney general election. Hamadeh engaged in oral arguments last week to argue for a new trial, based on the evidence they’ve found of disenfranchised voters.
“I think it goes much deeper than me winning. I’m fighting because I’m fighting for the truth, the people’s voice, and their votes to be honored. I think that’s a noble cause. Whether we succeed or fail, the government’s incompetence, the media’s hypocrisy, and the truth. And the truth is I won,” said Hamadeh. “How can we survive as a country when we no longer have faith in our elections or rule of law? What is the government at this point?”
Mayes was declared the winner initially with a 511-vote lead. The recount slashed that lead to 280. Yet, there are thousands of provisional votes — over 9,000, an increase from the estimated 8,000 reported in April — that weren’t included in the final count. About 70 percent of Election Day voters were for Hamadeh. Hamadeh said these additional provisional votes took as long as they did to discover because of the delay in response from the counties.
“We have to get information from 15 different government agencies, and it’s complicated,” said Hamadeh. “I wish we had access to the information that the government has. That’s why we’re asking for a new trial.”
“Statutes don’t trump the Arizona Constitution.”
Arguments from his opponents — Attorney General Kris Mayes and Secretary of State Adrian Fontes — focused mainly on how much time has passed since the election, the recount, and Mayes taking office. Hamadeh said that didn’t matter, asserting that Hunt v. Campbell ruled that the Arizona Constitution made immutably clear that the person with the most votes is deemed the legitimate officeholder.
“Even with a recount provision, even with a statutory timeline, none of that trumps the Arizona Constitution. All that allows is a statutory tool to make a process to determine who has the most votes and who is the legitimate officeholder,” said Hamadeh.
Hunt v. Campbell concerned the last major election challenge in a close race: over 100 years ago, in the 1916 gubernatorial election. Mayes’ counsel argued that the precedent was inapplicable since the ruling came before statutory timelines for elections were established. However, the judge rebutted in closing that there was a recount provision in place at the time of the Hunt v. Campbell decision.
Of all that the attorney general’s counsel did argue, they never claimed that Mayes obtained the most votes. Hamadeh’s team presented evidence of existing votes not counted, claims which went uncontested by the opposition. When given their turn to speak, Maricopa County didn’t offer any arguments of their own.
Based on what he’d witnessed, Hamadeh said he didn’t believe Mayes’ team came prepared. He believed it evinced a troubling, baseless confidence that the case was over before it had even begun, speculating that the consistency of favorable media coverage played a role as well.
“I think they were trying to treat our case the same as that of Mark Finchem or Kari Lake, or some of these cases with a larger margin,” said Hamadeh. “When they control the media and the government, they feel really emboldened to – it’s almost this hubris where they don’t think this judge will do something.”
Before Hamadeh had the complete voter data handed over from the counties to argue his case fully, The Washington Post editorial board wrote in a post-New Year’s piece that his defeat symbolized an end to election denialism.
“It brings me a lot of joy when we keep discovering the truth.”
Hamadeh pointed out that the media has trotted out the phrase “count all the votes” on repeat since 2020 — which he says is exactly what his case is all about. I’m fighting for the truth. I’m actually scared that these people are running our government and controlling our media.
“The government hasn’t counted all legitimate ballots,” said Hamadeh. “The media always argues, you have to count every single vote. I intend to show their hypocrisy. I have a lot of fun. I’m basically doing what I said I was doing as attorney general, which is exposing corruption, incompetence, and hypocrisy for the truth. I’m enjoying it.”
Hamadeh shared that he asked a group of about 100 attendees at a recent Republican Federation for Women event how many of them knew of someone who had lost faith in their elections and would no longer vote because of what happened last November. According to Hamadeh, every single hand went up.
“It breaks my heart that they’ve lost faith and confidence, and their solution — it’s not a solution — is ‘why vote?’”
Hamadeh claims that the 280 margin isn’t that unreasonable to question considering the myriad hiccups throughout last year’s election season. Last October, Gov. Katie Hobbs in her former capacity as secretary of state revealed that there were 6,000 Arizonans mistakenly registered as federal-only voters.
“This is 280 votes, and the government has already admitted to making these big mistakes,” said Hamadeh. “Why would Katie Hobbs not have done the right thing by telling the court and us if they didn’t have anything to gain?”
Hobbs neglected to disclose the undervotes in the attorney general race until after the December hearing. She claimed that the Maricopa County Superior Court order to prevent disclosure of the recount results prevented her from disclosing the undervotes, but Hamadeh said that wasn’t the case.
“Their actions speak louder than anything I have to say,” said Hamadeh. “We were in court arguing about undervote issues, and they [Hobbs’ team] didn’t say anything. They should not be the ones that take a side in an election contest. They should be the ones doing their jobs as government officials.”
“I wish Republicans had as much a desire to save the country as Democrats have in destroying it.”
Hamadeh said that losing this case would close the door to challenging elections in the future.
“If we don’t prevail, the idea that you can’t question elections and election officials and the government itself regarding elections, is going to only get worse,” said Hamadeh. “My family came from Syria. I know from their experience what it’s like to not live in a democracy, to not be able to question your government. That’s exactly what the media, ironically, and the Democrats are leading us to right now.”
Hamadeh characterized his fight as a natural extension of a uniquely American duty: to serve as a check and balance on the government by questioning it.
“It’s not only our right to question the government, it’s also our duty. Especially when there are this many errors, this much incompetence regarding our elections,” said Hamadeh. “I’m fighting because I think questioning our government is the foundation of what being an American is; if we lose that, we basically lose our country.”
After last week’s oral arguments concluded, Mayes issued a fundraising email asking for campaign and legal fund donations.
“With regard to the never-ending lawsuit… it was more ‘we think’ drama, without factual evidence,” wrote Mayes.
Hamadeh says he hasn’t issued any similar fundraising emails.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
