Republican attorney general candidate Abe Hamadeh won a significant victory in Mohave County courts on Tuesday, which might clear the way for a spectacular trial.
Hamadeh, who lost the November midterm elections to Democrat Kris Mayes by a mere 511 votes, will get his day in Court on Friday, according to court papers acquired by Democracy Docket.
Judge Lee Jantzen dismissed just one of the five counts brought by Hamadeh’s defense team in Mohave County Superior Court.
The count was thrown out due to claims of illegal votes and unconfirmed early ballots.
Court documents state that the illegal votes claim in Count V is based on the early voting provision and the validation process outlined in the Election Procedure Manual (hereafter “EPM”). According to the Judge, there is no evidence that election workers failed to comply with the EPM.
The disputed EPM mechanism has been in effect since 2019 and should not be open to post-election challenges. The Court concludes that the theory of laches applies to Count V since the EPM processes should have been challenged before the election. “This count must be dismissed,” Jantzen stated.
This leaves the remaining four counts, each of which will move to a hearing on evidence on Friday.
The second count likewise particularly targets Maricopa County and also alleges “inaccurate vote counting and wrongdoing by election officials; improper exclusion of provisional voters.”
The third count, which targets a number of election officials, including Mayes and Governor-elect Katie Hobbs, charges “inaccurate ballot duplications.”
The proceeding vote count charges “illegal votes and incorrect vote counting: inappropriate ballot adjudications.”
Considering the razor-thin margin in the race, a ruling in Hamadeh’s favor on any of the above charges might substantially influence the outcome of the election.
Tuesday, Republican gubernatorial nominee Kari Lake tweeted about his court triumph.
Want further excellent news? Lake said. “The trial for @AbrahamHamadeh’s Election Lawsuit has begun. Dismissal FAILED.”
She had one more question for anyone monitoring these chaotic events: “Something significant is occurring. Can you feel it?”
Hamadeh’s case is similar to others filed in Arizona, most notably Lake’s own legal struggle about her campaign against Hobbs.
Jantzen’s judgment appeared to explain the gap between her success percentage of 20% and Hamadeh’s success rate of 80%. She had eight of ten claims dismissed, a striking contrast to Hamadeh’s success rate of 80%.
The Evidentiary hearing scheduled to take place on Friday will give an opportunity for both parties to submit evidence and hear testimony regarding the counts going forward.