AZ GOP vs. Fontes

Arizona
Nov 12, 2020
Mar 15, 2021
technical flaw with routine hand recounts
technical distinction between 'precinct' and 'vote center'
altered hand recounts, prevent certification
plaintiff lost; AZ GOP required to pay everyone's attorneys' fees

Summary

Under Arizona law, counties within Arizona must perform hand recounts of 2% of election results to verify that machine counts are accurate. The Arizona Republican Party (ARP) was worried that Maricopa County election officials would conduct this routine verification improperly, and sued to ensure it was done properly. Specifically, they made a technical distinction between 2% of precincts and 2% of voting centers where people from any precinct could vote, and wanted the courts to order county election officials to follow the law.

The Arizona Democratic Party (ADP) joined the lawsuit. ADP argued that the law has to be intrepreted in the way that treats voting centers as a type of precinct or it becomes logistically impossible to perform the hand count. They also point out that the hand count had already taken place, and that the Republican Party helped conduct the hand recount, so there's no point in complaining now. Arizona Secretary of State Hobbs also joined the lawsuit, making largely the same arguments.

ARP moved to alter their complaint, asking for the court to prevent "certification of the results" until the trial concludes. It's not explicit whether they meant the results of the hand count or the overall election results.

After some more back and forth, oral arguments were held before Judge John Hannah. After about 50 minutes of oral arguments, the judge granted the motions to dismiss the case and advised SOS Hobbs to petition for ARP to pay everyone's court costs, a common punishment for bringing a frivilous case to court. In a later written explanation, Judge Hannah argued that county election officials couldn't be ordered to follow the law because they already did follow the law, and election results could no longer be altered because the election was already over and decided. Quoting precedent, Judge Hannah wrote, "Fraud or impropriety ought never to be inferred from slight irregularities, unconnected with incriminating circumstances."

SOS Hobbs requested that the court require ARP to pay all parties' court costs, as the judge requested. She calculated the fees to be $18,237.59. The judge granted Hobbs' request, saying that "$18,237.59, is reasonable and appropriate."

Courts

AZ Superior Court (Maricopa Co.)

# CV2020-014553
Judge John R. Hannah
Nov 12, 2020
Dec 21, 2020

Court Documents (44)

Sources: