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More Bad News for Arizona Democrats: Abe Hamadeh Election Lawsuit Allowed to Continue

More Bad News for Arizona Democrats: Abe Hamadeh Election Lawsuit Allowed to Continue

Judge allows 4 of 5 counts in Abe Hamadeh lawsuit to move forward.

If Kari Lake’s lawsuit looks good right now, imagine what Abe Hamadeh’s chances look like. Lake allegedly lost by a little over 17,000 votes, but Hamadeh only lost by 511 votes out of the 2.5 million that was allegedly cast. This case could be a double whammy for the Democrats. Not only would the Democrat Kris Mayes not take the job of Attorney General, but investigations into voter fraud would then be handled by Hamadeh. Mayes would only sweep it under the rug.

The judge in Lake’s case could rule that there weren’t enough illegal votes to allow her to win, although that would be a lie, no judge can say that in Hamadeh’s alleged loss.

Read Abe Hamadeh’s lawsuit here.

The Defendants’ motions to dismiss the lawsuit failed. The only partial victory that they got was that count five having to do with mismatched signatures was tossed out, but the other four charges were allowed to move forward.

The lawsuit states:

“The Recorders and Boards of Supervisors of the fifteen counties (collectively, the “County Defendants”) have, in at least seven respects, caused the unlawful denial of the franchise to certain qualified electors, erroneously tallied certain ballots, and included for tabulation in the canvass certain illegal votes in connection with the election for the office of Arizona Attorney General.”

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?

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 MohaveDE@courts.az.gov to obtain the link to upload and review their exhibits.

 

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  • Steven Ahle

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Comments 7

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  3. David Matthews says:

    All of the Arizona elections should be thrown out.

    • Sherlock says:

      My parents are registered Maricopa County voters. I called to find out about their voting status and was told that they voted. Only one small glitch. They’ve both been dead for ten years. They clearly Lied, cheated and stole the elections!

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  5. Earl E. says:

    It is hard to know if these are correct or incorrect.

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