Breaking News
More () »

Judge dismisses Hamadeh lawsuit, lawyers call it 'premature'

The judge said the lawsuit must be filed after the canvass and declaration of election results have occurred.

PHOENIX — Editor's Note: The above video is from an earlier broadcast.  

A judge has dismissed a lawsuit filed by Republican attorney general candidate Abe Hamadeh, according to court records.

Hamadeh and the Republican National Committee filed the lawsuit on Nov. 22 against his opponent, Democrat Kris Mayes, who holds a 510-vote lead in the race, along with every county recorder in Arizona and Secretary of State Katie Hobbs, who is now governor-elect.

The lawsuit alleges errors and inaccuracies at some voting centers and seeks to have Hamadeh installed as attorney general.

Maricopa County Superior Court Judge Randall Warner said the lawsuit was premature and must be filed after the canvass and declaration of election results have occurred.

Meanwhile, Republican officials in Cochise County refused Monday to certify the 2022 election despite no evidence of anything wrong with the count.

Secretary of State Katie Hobbs, a Democrat who narrowly won the race for Arizona's governor, asked a judge on Monday to order Cochise County officials to canvass the election, which she said is an obligation under Arizona law. 

VERSIÓN EN ESPAÑOL: Juez desestima demanda de Hamadeh, abogados la llaman ‘prematura’

Monday was the deadline for the election to be certified in all counties in Arizona. Last week state election officials had said a lawsuit would be filed should the deadline not be met.

The legal challenge by Hamadeh states (The plaintiffs) "... are not, by this lawsuit, alleging any fraud, manipulation or other intentional wrongdoing that would impugn the outcomes of the Nov. 8, 2022, general election.

A lawyer for Mayes called the suit premature.

A request to dismiss the complaint filed by Mayes argues, "Plaintiffs Abraham Hamadeh and the Republican National Committee seek from this Court what they could not get at the ballot box."

It also says Hamadeh’s challenge is based on "speculation and conjecture," a "misunderstanding of Arizona's election laws," and amounts to "a fishing expedition" of evidence that does not exist.

The judge dismissed the lawsuit without prejudice, which means it could be refiled in the future.


Up to Speed

Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.

More ways to get 12News

On your phone: Download the 12News app for the latest local breaking news straight to your phone.

On your streaming device: Download 12News+ to your streaming device

The free 12News+ app from 12News lets users stream live events — including daily newscasts like "Today in AZ" and "12 News" and our daily lifestyle program, "Arizona Midday"—on Roku and Amazon Fire TV.

12News+ showcases live video throughout the day for breaking news, local news, weather and even an occasional moment of Zen showcasing breathtaking sights from across Arizona.

On social media: Find us on Facebook, Twitter, Instagram and YouTube.

Before You Leave, Check This Out