Judge greenlights sanctions for Hamadeh, rejects combined suit on signature verification

A Maricopa County judge will allow election officials to seek sanctions against former attorney general and current U.S. House candidate Abe Hamadeh after tossing out a lawsuit seeking to challenge the results of the 2022 election.

Judge Susanna Pineda's Monday ruling consolidated two lawsuits that questioned the signature comparison methods used to verify mail-in votes cast in Maricopa County in 2022.

The cases both argued election officials should only compare signed early ballot affidavits against voters' signatures on their voter registration forms. Maricopa County officials compared signatures on early ballots to those in a wider range of election-related documents submitted by voters, as allowed by the state's Elections Procedures Manual.

Abe Hamadeh
Abe Hamadeh

Hamadeh, a Republican, lost the attorney general's race by 280 votes. His suit asked the court to order Democratic Attorney General Kris Mayes to step down from her role, order county officials to "decertify" the race, and order county officials to redo signature verification for 2022 mail-in ballots.

The other suit, filed by Cochise County Supervisor Tom Crosby and Valley resident David Mast, sought to force Maricopa County to recount all 2022 mail-in ballots or conduct another election for governor, attorney general and two statewide propositions. Crosby, a Republican, joined the case in his personal capacity.

Pineda rejected all of those requests. Her ruling asserted Hamadeh's claims were "untimely" and that his case asked the court to "overturn the will of the people."

"Challenges concerning alleged procedural violations of the election process must be brought prior to the actual election," Pineda said.

She said Crosby and Mast "lack standing" to bring their claims because they failed to show "a distinct and palpable injury."

"To the extent they allege that the election procedures in question denied them equal protection due to their votes, as well as the votes of every other Arizona voter, being 'diluted,' their claim is general and insufficient to confer standing to bring suit," Pineda said, adding that their votes were counted.

Pineda said she will allow Maricopa County to seek sanctions against Crosby and Mast. Secretary of State Adrian Fontes and Mayes may seek sanctions against Hamadeh and his lawyer, Ryan Heath.

Heath did not immediately comment on the case, but told The Arizona Republic that he planned to release a statement later Monday.

Other cases still ongoing

A judge has yet to rule in a similar case in Yavapai County.

That suit was filed by the Arizona Free Enterprise Club and Restoring Integrity and Trust in Elections. It hinges on the definition of a voter's "registration record," which determines what signature samples election officials can use while verifying signed early ballot affidavits.

The state's new Elections Procedures Manual defines that as any signature in any election-related document available to election officials. The lawsuit argues that definition should be narrowed to only include signed voter registration forms.

Meanwhile, Crosby and Cochise County Supervisor Peggy Judd are in hot water in Maricopa County Superior Court. They are accused of interfering with the 2022 election and are each charged with felony counts of conspiracy and interference with an election officer.

Crosby and Judd both pleaded not guilty to those charges in December.

Sasha Hupka covers county government and election administration for The Arizona Republic. Do you have a tip to share on elections or voting? Reach her at sasha.hupka@arizonarepublic.com. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps.

This article originally appeared on Arizona Republic: Arizona judge OKs sanctions against Abe Hamadeh in election lawsuit