Candidates Hopeful for Election Challenges After Certification, Since Early Lawsuits Had Less Statutory Backing

The Trump-endorsed slate of candidates in Arizona’s top races who officials say lost their races have started pursuing legal challenges over what they believe was an election rampant with voter disenfranchisement and suppression.

One of the first challenges was turned away on Tuesday as premature, a lawsuit by attorney general candidate Abe Hamadeh and the Republican National Committee (RNC), but election law attorneys say this should not be taken as a sign that there are no valid grounds to overturn the election.

Bob Brickman, an election and regulatory attorney in Phoenix, told The Arizona Sun Times while he “understands the strategy of suing now, since fraud really should be challengeable any time, it’s the Arizona Legislature’s failure to reconcile statutory election conflicts created by the Secretary of State (for example, in the 2019 Election Manual) and Maricopa County Recorder/Maricopa County Supervisors’ non-statutory changes in election rules and procedures, that’s responsible for many of the challenges that judges refuse to wade into. That’s why judges have defaulted to existing statutes for refuge, including that election challenges cannot be brought until five days after the state has certified the results, which is scheduled for December 5.”

Another election attorney told The Sun Times, “Unfortunately the mainstream media is going to run with the story that this first negative judicial decision means the candidates don’t have a strong case, they won’t bother explaining to the public that there was very little chance these premature lawsuits were going to get anywhere. We’re not going to see any real meaningful cases until after certification.”

Read the rest of the article at The Arizona Sun Times