🧵LIVE: Hearing in @AbrahamHamadeh motion for new trial...
Hamadeh's team reports 76,300 votes reported as undervotes. Of the ≈2,000 ballots inspected, they claim a .61 percent uncounted rate. Based on that rate, they claim there may be 466 or more uncounted votes in the attorney general race. The race has a 288 vote margin.
🧵3/ Both Kris Mayes and Adrian Fontes' legal teams objected to Hamadeh team's attempt to publicly share uncounted vote data. The judge dismisses their objection.
🧵4/ Hamadeh's team say they interviewed hundreds of high-propensity voters affected by statewide computer system changes, which altered their registration address and therefore deprived them of the right to vote.
🧵5/ Hamadeh claims over 1,100 Election Day provisional voters disenfranchised. Hamadeh won 69 percent of Election Day votes = 760 of provisional. They subtract Mayes' estimated share of Election Day provisional ballots, arguing Hamadeh may have a 165 lead on provisional alone.
🧵7/ Big claim by Hamadeh: Gov. Hobbs purposely misled the court to believe his evidence was speculative, though she knew about undervote issues.
“I find it questionable that a government agent would take support of or opposition to a candidate in an election contest.”
“I find it questionable that a government agent would take support of or opposition to a candidate in an election contest.”
🧵8/ Mayes' team responds that Hamadeh's arguments are based on speculative and unsworn opinion, not facts. Repeatedly emphasized that this hearing occurs over five months after the original trial.
🧵9/ Mayes says granting a new trial would conflict with statutory provisions on election contests. Says Hunt v. Campbell case (1918 gubernatorial dispute) is inapplicable because it occurred prior to existence of statutory deadlines.
🧵10/ Mayes' team says because Hamadeh requested a more complete ballot inspection, that proved there isn't newly-discovered evidence warranting a new trial.
🧵11/ Interesting argument from Mayes' team: the list of voters suffering disenfranchisement proves nothing. Also, more emphasis that too much time has passed for a new trial to be allowed.
🧵12/ Mayes' team pleads for the "need for finality" in this election.
🧵13/ Fontes' team said Hamadeh's challenge of the election impugns the validity of our election processes and the integrity of election officials.
🧵14/ Seems all opposed to Hamadeh are arguing that the clock's run out on this election contest. Pima County argues that state statute time bars any further contest.
🧵15/ Back to Hamadeh's team. They argue that Mayes' team focused on Hunt v. Campbell instead of Campbell v. Hunt which determined that the right to the office comes from the will of the voters through legal votes, not election officials' judgment of which votes count.
🧵16/ Hamadeh's team attempts to present sworn testimony of one of hundreds claiming disenfranchisement, Mayes' team quickly objects. Judge overrules.
🧵17/ Hamadeh's team: Maricopa County voter, Marlena, had her registration changed without knowledge or consent. Then told as late as October by the county that she was registered to vote. Yet she was denied her right to vote. Say hundreds swore oaths of similar experiences.
🧵18/ Final plea from Hamadeh's team: "Count the votes."
Points out that opposition (Mayes, Fontes, Maricopa and Pima Counties) hasn't contested that the uncounted votes weren't legal.
Points out that opposition (Mayes, Fontes, Maricopa and Pima Counties) hasn't contested that the uncounted votes weren't legal.
🧵19/ Judge Lee Jantzen said he had a date in mind when he would announce the ruling but “wouldn’t mention it out loud.” Said we can expect a ruling in a couple of weeks.
🧵20/ Navajo County discussing its motion for ballot inspector compensation. Asked a minimum of at least minimum wage and mileage compensation. Statute allows for compensation to come from the losing party.
🧵21/ State Rep. Alex Kolodin speaks up; he's on Hamadeh's team. Agrees that minimum wage would be fair, but says they're confident they would prevail and left it to the court's discretion.
🧵22/ Right as they attempt to recess, Mayes' lawyer Paul Eckstein interjects to say that Mayes' other lawyer, Alexis Danneman, didn't mention Hunt v. Campbell (she did)🤷♀️. Oral arguments conclude. Thanks for following along! Our report comes out later.
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