Arizona Attorney General nominee Abe Hamadeh’s lawsuit contesting the 2022 midterm election was dismissed by a judge after Democrat Kris Mayes filed a motion against his lawsuit.
Randall Warner, the judge presiding over the case, was appointed by Democrat Governor Janet Napolitano in 2007.
Randall Warner is a judge of the Maricopa County Superior Court in Arizona. His current term ends on January 2, 2023.
Warner ran for re-election for judge of the Maricopa County Superior Court in Arizona. He won in the retention election on November 8, 2022.
Warner was appointed to the court by Gov. Janet Napolitano (D) in 2007.
Hamadeh filed the state’s first Statement of Election Contest in the Arizona Superior Court last week.
Kris Mayes, the D candidate for AZ Atty General has responded to Abe Hamadeh's lawsuit, asking the court to dismiss the case as "a fishing expedition to try to undermine Arizona's election" that betrays a "fundamental misunderstanding of Arizona's election laws." https://t.co/MeGGOJKNDR pic.twitter.com/4NOxDLyacU
— Ken Bensinger (@kenbensinger) November 28, 2022
Judge Randall Warner reportedly dismissed the lawsuit since it was filed too early.
Hamadeh cannot file the lawsuit until “after Arizona certifies the election,” according to reports.
Abe Hamadeh, RNC’s lawsuit over election results dismissed since it was filed too early https://t.co/z0ZSHOo3ka
— Stacey Champion (@ChampPR) November 30, 2022
The Hill reported:
A state judge on Tuesday dismissed a lawsuit from Arizona Republican attorney general candidate Abraham Hamadeh contesting this month’s election, arguing it was filed prematurely.
Maricopa County Superior Court Judge Randall Warner said Hamadeh and the Republican National Committee, which joined the suit, cannot file an election contest until after Arizona certifies the election, currently scheduled for Monday.
Hamadeh, who trails his Democratic rival by just 510 votes out of more than 2.5 million ballots ahead of an automatic recount, claimed malfunctions in Arizona’s most populous jurisdiction and elsewhere altered the results, arguing the tabulations should be amended and he should be declared the winner.
Warner’s order, which did not consider the merits of the allegations, notes that Hamadeh could refile the lawsuit once state officials certify the election, indicating he does not need to wait for the recount to finish.
“Under these statutes 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,” Warner wrote.