WASHINGTON, D.C. — On Tuesday, Nov. 29, an Arizona judge dismissed an election contest filed by Arizona attorney general candidate Abraham Hamadeh (R). On Nov. 22, Hamadeh (a known election denier) and the Republican National Committee sued Kris Mayes (the Democratic candidate for Arizona attorney general), Arizona Secretary of State Katie Hobbs (D) and the county recorders and boards of supervisors for all 15 Arizona counties challenging the results of the 2022 election for Arizona attorney general. While the Republicans stated in their complaint that they were not “alleging any fraud, manipulation or other intentional wrongdoing that would impugn the outcomes of the November 8, 2022 general election,” they alleged that the election was “afflicted with certain errors and inaccuracies” and that the “cumulative effect of these mistakes” cost Hamadeh the attorney general race. The Arizona attorney general race is headed to a mandatory recount after Hamadeh lost to Mayes by 510 votes.
Today, an Arizona state court dismissed Hamadeh’s election contest, finding that it “is premature under the election contest statute.” As the judge points out, under Arizona law “there can be no election contest until after the canvass and declaration of results because, until then, no one is ‘declared elected.’ It is undisputed that the canvass and declaration of results for the November 2022 election have not occurred.” However, the judge left open the possibility that Hamadeh can file a new “election contest after the canvass and declaration of election results have occurred,” which he clarified “does not mean Plaintiffs must wait to file suit until after a recount.”