Kris Mayes Sues to Toss Abe Hamadeh’s Premature Election Contest

Update to Proving That He Is Too Inexperienced And Incompetent To Be Attorney General, Abe Hamadeh Files A Premature Election Contest.

Howard Fischer Reports, Election challenges mount (excerpt):

Kris Mayes is asking a judge to toss a bid by her Republican foe to void the results of the election which shows her winning the race for attorney general.

In new legal papers, Dan Barr, Mayes’ attorney, said the lawsuit filed last week by Abe Hamadeh and the Republican National Committee is filled with various allegations ranging from poll worker misconduct to errors in duplicating ballots when the original could not be read by scanners.

“But their claims are based on no more than speculation and conjecture,” Barr told Maricopa County Superior Court Judge Frank Moskowitz. “Plaintiffs offer little factual support for their claims.

Instead, he said, Hamadeh and the RNC are using the court “to engage in a fishing expedition to try to undermine Arizona’s election.”

And there’s something else.

Barr said even if everything Hamadeh alleged were true – a point he is not conceding – none of it matters. He said the GOP contender can’t prove any of this would have altered the outcome of the election or the final tally which showed Mayes winning by 510 votes.

Take, for example, the claim that votes were counted wrong when ballots were duplicated. Barr said the lawsuit does not identify a single voter who selected Hamadeh but had the vote wrongly counted for Mayes.

“It’s just as possible that correcting any ballot duplication efforts would lead only to more votes for Ms. Mayes,” he said.

Then there’s a claim that some early ballots were counted even when the signature on the envelope did not match what was on file in the person’s voter registration record. But here, too, Barr said, the claim “would still fail as a matter of law because he alleges no facts establishing that any illegal votes were sufficient to change the outcome of the election.”

And Barr told Moskowitz that some of what Hamadeh wants is beyond his ability to grant, such as allowing people who checked in at a voting center on Nov. 8 but did not get to cast a ballot to now have another chance to vote.

A hearing is set for Monday.

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