Arizona GOP Candidate Files Election Appeal With Arizona Supreme Court

After a judge dismissed Mark Finchem’s election-related lawsuit challenging the results in the midterm elections, Finchem filed a notice to appeal.

Finchem, a Republican, trails Democrat Adrian Fontes in the Nov. 8 general election by about 120,000 votes, or around 5 percentage points. He filed a lawsuit against Secretary of State Katie Hobbs, a Democrat. The suit asked a Maricopa County Judge to order a retake of the election.

Lawyers for Finchem filed a Wednesday (pdf) appeal to the Arizona Supreme Court asking them to hear his challenge. The notice listed Hobbs as well as Fontes, who was listed as the “officeholder-elect,” as defendants. “The appeal is against each and all Contestee/Defendant Fontes and Defendant Hobbs,” it said.

His lawsuit (pdf), alleged that Hobbs, as secretary of state, didn’t recuse herself despite being running for governor, and that she abused her authority by failing to have certain election machines properly certified. The lawsuit also claimed that Hobbs threatened to sue the Cochise County supervisors with criminal charges for not certifying the Nov. 8 contest.

Another claim in Finchem’s suit asserts that Hobbs abused her power when she flagged alleged misinformation that was posted on Finchem’s Twitter page. Finchem’s Twitter account was suspended just days before the midterm elections, although it was reinstated in early November—as new owner Elon Musk took over the company.

“The evidence, for want of a better term that’s out there, shows clearly that, as the secretary of state … (Hobbs) cajoled the Twitter people into censoring possibly as much as 50 percent of her constituency,’’ Finchem attorney Daniel McCauley said. “This was a political issue.’’

In the suit, it also mentioned technical problems at Maricopa County voter centers on Election Day. Officials on Nov. 8, in a news conference, confirmed that dozens of polling locations were impacted by a printer error and told voters to place their ballots in drop-boxes or find another location to vote, which Finchem and others—like GOP gubernatorial candidate Kari Lake—said caused their voters to be disenfranchised.

But Maricopa County Superior Court Judge Melissa Julian ruled on Dec. 16 that none of Finchem’s allegations had merit and said it would not reverse the election results, dismissing the petition. The judge also granted a request from Hobbs’s and Fontes’s attorneys to file motions to sanction Finchem’s lawyer, McCauley.

“None of these alleged acts constitutes ‘misconduct’ sufficient to survive dismissal,” the judge said, according to reports.

Julian also wrote that Finchem’s argument that Hobbs’ move not to recuse herself doesn’t warrant a re-do of the election.

“Seeking or holding a public office does not grant elected officials a financial or ownership interest in the job they hold or seek. To the contrary, ‘the nature of the relation of a public officer to the public is inconsistent with either a property or a contract right. Every public office is created in the interest and for the benefit of the people, and belongs to them,’” the judge wrote, Fox reported.

Kari Lake Case goes to trial

In a separate case, Lake’s election challenge went to a two-day trial that concluded Thursday. Her lawyers, too, focused on problems with ballot printers at some polling places in Maricopa County, home to more than 60 percent of Arizona’s voters. The defective printers created ballots too small to be read at the polling stations by the tabulators. According to the suit, lines were backed up in certain areas due to confusion.

County officials claim everyone was able to vote. They also state that all ballots were counted. In addition, any ballots that were affected by printer issues were sent to more advanced counters at the headquarters of the elections department.

Abha Khanna, a lawyer representing Hobbs, rebuffed Lake’s claims and said they are based on hearsay, speculation, and theatrics. “What we got instead was just loose threads and gaping plot holes,” she said.

Lake said that she believes Lake’s lawyers have presented a strong case in a Thursday news conference.

“We proved without a shadow of a doubt that there was malicious intent that caused disruption so great it changed the results of the election,” Lake said outside the Maricopa County courthouse. “We provided expert testimony. We provided experts. The activists on the other side tried to save face by bringing in activists. They admitted that they’ve known about these ballot problems.”

Peter Thompson, the former Republican Governor of Texas, was appointed Superior Court Judge. Jan Brewer, didn’t say when he would issue a ruling.

This report was contributed by The Associated Press.

Jack Phillips is a Senior Reporter for The Epoch Times. He is based out of New York. He reports on breaking news.