A Superior Court judge in Arizona has dismissed a lawsuit brought by the Republican candidate in the razor-thin election for attorney general, but the Republican candidate insists the matter will proceed.
Judge Randall Murray of the Maricopa County Superior Court ruled on Tuesday that the complaint was filed too soon.
Murray noted that as the state had not yet certified the results of the November 8 election, the “results” could not be contested in court.
Murray wrote, according to The Hill, “It is undisputed that the canvass and declaration of results for the November 2022 election have not occurred,”
Cochise County is the only one of the state’s 15 counties that has not yet verified the election results, according to KOLD-TV in Tucson.
KOLD reports that candidate Abe Hamadeh and the Republican National Committee filed the complaint on November 22, alleging that there were “errors and inconsistencies” at polling stations.
In response, Democratic candidate Kris Mayes filed a motion to dismiss the Republican complaint.
The Republican complaint highlighted multiple difficulties with voting equipment in Maricopa County that generated long waits on Election Day, in addition to other concerns.
Despite the difficulties, a court in Maricopa County denied the Republican National Committee’s request to extend voting hours.
According to NBC News, the contest is not over in an election when the difference between the two candidates is around 500 votes out of more than 2.5 million ballots cast.
And Hamadeh makes sure Arizona voters are aware of it.
Hamadeh wrote on Tuesday through Twitter:
“510 votes out of 2.5 million is the closest statewide race in Arizona history. Of course we’re going to litigate; especially given the issues Republican voters faced on Election Day.
“Imagine if the court had extended voting hours after all the problems for a few hours.”
510 votes out of 2.5 million is the closest statewide race in Arizona history. Of course we’re going to litigate; especially given the issues Republican voters faced on Election Day.
Imagine if the court had extended voting hours after all the problems for a few hours.
— Abe Hamadeh (@AbrahamHamadeh) November 30, 2022
Due to the close margin between the candidates, the election will be automatically recounted.
The “without prejudice” nature of Judge Murray’s order means that the Republican challenge can be refiled.
He also added that his finding does not necessitate a recount before this may occur.
According to KOLD, the recount will occur once the results are verified on December 5.