Abe Hamadeh will have to prove miscounts or other errors in counting ballots would have led to his victory for attorney general, without being able to use a computer record of all the votes.
By Bob Christie Capitol Media Services Arizona attorney general candidate Abe Hamadeh will have to prove in a Friday trial that miscounts or other errors in counting ballots would have led to his victory, without being able to use a computer record of all the votes and with one day to inspect ballots in three counties, a judge ruled Thursday.
But Jantzen said the law on election contests only allows ballot inspections, not access to the electronic record that vote tabulation machines create, and he denied La Sota’s request. He also declined to delay Friday’s one-day trial until next week, agreeing with attorneys for Mayes that the tight deadlines in state law for election contests preclude that.
"There has to be an inspection of the ballots by the plaintiffs and I believe that has to be done" Thursday, and the judge will hold the hearing Friday, Jantzen said. Hamadeh’s election challenge in one of the closest statewide races in Arizona history faces a high bar. State law says election results are presumed to be accurate and there has to be evidence proving that mistakes or fraud would have led to a different result.
Hamadeh’s lawsuit alleges four basic issues affected the outcome: that some rejected provisional ballots should have been counted, that ballots were inaccurately duplicated after machines were unable to read them, that election boards improperly counted some votes during a review of problem ballots, and that Election Day problems with polling site vote-counting machines led to some voters being unable to cast a ballot.
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