Evidentiary election hearing set
MOHAVE COUNTY – Mohave County Superior Court Judge Lee Jantzen is allowing a general election challenge in the race for Arizona Attorney General (AG) to advance for what could be an all-day evidentiary hearing two days before Christmas, and 10 days before a new AG is seated.
Mohave County Republican Party Chairman Jeanne Kentch is among plaintiffs calling for a review of Maricopa County election errors that could change the outcome of the contest where Democrat Kris Mayes leads Republican Abraham Hamadeh by 511 votes. A mandated statewide recount of that race should be concluded Thursday, the day before Jantzen conducts the evidentiary hearing.
Judge Janzten issued a Tuesday afternoon court order dismissing count 5 of the elections challenge, while allowing counts 1-4 to proceed to hearing Friday.
“Plaintiffs make it very clear in every pleading in this case they are not alleging fraudulent behavior by the election officials,” Jantzen said in his order. “The issues then become whether misconduct by election boards or others working on the election took place and if there are any `illegal’ votes that would result in a change in the outcome of the election.”
Judge Jantzen determined plaintiffs are entitled to a limited inspection of election ballots in Maricopa, Pima and Navajo counties and directed parties to work together to make necessary arrangements. He said the court would intervene and decide the matter if parties do not reach ballot inspection agreement by 4:00 p.m. Wednesday.
“At this stage in the unique proceedings of an election contest, the court finds plaintiff has the right to present its case,” Jantzen stated in his order. “Plaintiff has a high burden of proof to meet in order to overturn an election.”
Friday’s hearing is scheduled to begin at 9:00 a.m. at the Law and Justice Center in Kingman. Since the Secretary of State and officials in each of Arizona’s 15 counties are named as defendants, many parties will participate by teleconference from afar.
Dave Hawkins
