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Judge tosses Hamadeh's lawsuit to have himself declared attorney general

By Howard Fischer/Capitol Media Services
Published: Tuesday, November 29, 2022 - 4:35pm
Updated: Tuesday, November 29, 2022 - 5:30pm

A judge on Tuesday tossed out Abe Hamadeh's legal bid to have himself declared the winner in the race for attorney general.

In a brief order, Maricopa County Superior Court Judge Randall Warner called the lawsuit by the losing candidate in the race "premature."

Warner said Arizona law requires challenges to election results to be filed "within five days after completion of the canvass of the election." That isn't set to occur at this point until Dec. 8.

"There can be no election contest until after the canvass and declaration of the results because, until then, no one is 'declared elected,'" the judge wrote. "It is undisputed that the canvass and declaration of results for the November 2022 election have not occurred."

Warner's ruling does not end the dispute. It still gives Hamadeh through Dec. 13 to refile,

Hamadeh contends that the results of the election showing that Democrat Kris Mayes got 510 more votes should be disregarded because of various problems in Maricopa County on Election Day. That includes issues where tabulators at some vote centers could not read ballots printed on site and that some people were denied the right to vote when they went to a second location.

County officials acknowledged the printer problem when the supervisors canvassed their votes on Monday. But they have insisted that no one was denied the ability to cast a ballot, even if it was not tallied on site.

Politics Elections