Trump-Endorsed Arizona Attorney General Nominee Abe Hamadeh’s lawsuit is moving forward with evidentiary hearings in his election contest lawsuit on Friday, December 23.
Hamadeh is down by 511 votes out of more than 2.5 million ballots cast in his race, and there is an ongoing recount to determine the winner.
The Gateway Pundit previously reported that Hamadeh filed a lawsuit in the Mohave County Superior Court against Kris Mayes, Katie Hobbs, and all Arizona County election officials.
Read Abe Hamadeh’s lawsuit here.
The Defendants’ motions to dismiss the lawsuit failed. Count V alleging that “a material number of early ballots cast in the November 8, 2022 general election were transmitted in envelopes containing an affidavit signature that the County Recorder or the Recorder’s designee determined did not correspond to the signature in the putative voter’s ‘registration record,'” was dismissed.
Counts I through IV will move forward to trial on Friday.
This is HUGE news!
As The Gateway Pundit reported, Kari Lake’s historic lawsuit contesting her race is also set to go to trial TODAY!
Lake joined The Gateway Pundit yesterday to give updates on today’s historic trial against Katie Hobbs and Maricopa County.
Kari Lake tweeted,
Want some more good news? @AbrahamHamadeh’s Election Lawsuit is going to trial.
Dismissal FAILED. Something big is happening.Can you feel it?
Want some more good news? @AbrahamHamadeh’s Election Lawsuit is going to trial. Dismissal FAILED.
Something big is happening.
Can you feel it? pic.twitter.com/UkjLMsOS31— Kari Lake (@KariLake) December 20, 2022
From the order:
IT IS ORDERED denying the Motions to Dismiss as they relate to Count’s I though IV. The Court will conducta trial on the merits on these counts. Count | of the Election Contest is alleged against Maricopa County only and alleges “Erroneous Count of Votes and Election Board Misconduct; Wrongful Disqualification of Provisional and Early Ballots. (Ariz. Const. art. Il §§ 13,21: ARS. §§ 12-2021, 16-672A(1) and (A)(5)).”
Count lis also alleged only against Maricopa County and alleges “Erroneous Count of Votes and Election Board Misconduct; Wrongful Exclusion of Provisional Voters.” (AR.S. §§ 16-584, 12-2021, 16-672A(1) and (A)(5)). Count ll alleges Erroneous Count of Votes: Inaccurate Ballot Duplications. (ARS. §§ 16-672A(1) and (A)(5)).
Count IV alleges lllegal Votes and Erroneous Count of Votes: Improper Ballot Adjudications. (A.R.S. §§ 16-621, 16-672A(1) and (A)(5)).
IT IS ORDERED granting the Motions to Dismiss as they relate to Count V.
Count V alleged legal Votes: Unverified Early Ballots (A.R.S. §§ 16-550(A), 16-672(A)(4))
With regard to Count V, this allegation of illegal votes is based on the early voting provision and the procedures to verify ballots that are contained in the Elections Procedure Manual (hereinafter “EPM”). There is not an allegation of election workers improperly not complying with the EPM. The procedure in the EPM being challenged has been in place since 2019 and should not be the subject of a post-election challenge. The Court finds the doctrine of laches applies to Count V as the procedures in the EPM should have been challenged prior to election. This count must be dismissed.
On the issue of Inspection of Ballots, the Court finds a limited inspection of ballots is appropriate under ARS. § 16-377 to address the issues raised in the remaining count, but the statute must be followed. Plaintiff has already posted a bond in this matter, but there has not been a group created to actually conduct the inspection. The parties are to meet and confer and choose the parties to do the inspection and the extent of the inspection by noon on Wednesday, December 21, 2022. Plaintiff requested inspection of ballots in Maricopa County, Pima County and Navajo County. If the parties fail to reach an agreement the issues will be addressed in writing by Wednesday, December 21, 2022 at 4:00 p.m.
On the remaining counts,
IT IS ORDERED affirming the Evidentiary Hearing on Friday, December 23, 2022 at 9:00 a.m. The Court will reserve the rest of the day. The parties are directed to continue to cooperate with each other in exchanging of any information that will expedite the processing of this case. The Plaintiff has the burden of proving the allegations had an effect on the election. Any exhibits need to be downloaded to the digital evidence system by 4 p.m. on Thursday, December 22, 2022.
Mohave County Superior Court is utilizing a Digital Evidence Portal (CaseLines) for the storage and presentation of evidence. If any party wishes to have exhibits marked to be used as evidence in a hearing, they must contact the Clerk’s Office by emailing [email protected] to obtain the link to upload and review their exhibits.
Parties who are not familiar with CaseLines are encouraged to email the Clerk’s office at [email protected] for questions about submission and presentation of evidence.
To join the Zoom meeting by video (preferred), participants can go to Zoom.us. and click on “Join’; the Court’s meeting ID # is 258656631. The password to join is 2141912.
To attend the Zoom meeting telephonically, the participants may call 1-669-900- 6833 or toll free at 1-833-548-0282 with meeting ID # 258656631. The password to join is 2141912.
Read the full order here.
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