2022 Arizona Attorney General election explained

Election Name:2022 Arizona Attorney General election
Country:Arizona
Type:presidential
Previous Election:2018 Arizona Attorney General election
Previous Year:2018
Next Election:2026 Arizona Attorney General election
Next Year:2026
Election Date:November 8, 2022
Nominee2:Abraham Hamadeh
Party2:Arizona Republican Party
Popular Vote2:1,254,529
Percentage2:49.93%
Image1:Kris Mayes (52365525231) (cropped).jpg
Nominee1:Kris Mayes
Party1:Arizona Democratic Party
Popular Vote1:1,254,809
Percentage1:49.94%
Map Size:210px
Attorney General
Before Election:Mark Brnovich
Before Party:Republican Party (United States)
After Election:Kris Mayes
After Party:Democratic Party (United States)

The 2022 Arizona Attorney General election took place on November 8, 2022, to elect the next attorney general of Arizona concurrently with other federal and state elections. Incumbent Republican attorney general Mark Brnovich was term-limited and could not seek a third term in office.[1] With a margin of 0.01%, Democrat Kris Mayes defeated Republican Abe Hamadeh in one of the closest elections in Arizona history, and the closest attorney general race of the 2022 election cycle. The race is also believed to be the only election directly affected by the deaths of anti-vaccine advocates from COVID-19.[2]

On November 21, the final tally of votes initially left Mayes leading Hamadeh by just 510 votes out of more than 2.5 million cast. This triggered an automatic recount under Arizona law; the recount was completed on December 29 with the Democrat winning by an even slimmer 280 vote margin and just 0.01%, making it the closest statewide election in any state in 2022. The results were certified by the Secretary of State and the election process completed on December 29.[3] [4] Hamadeh filed a lawsuit to block certification of the election, but state courts rejected it as election challenges could only be filed after certification.[5] Mayes became the first Democrat to win this office since Terry Goddard in 2006.

Republican primary

Candidates

Declared

Polling

Poll sourceDate(s)
administered
Sample
size
Margin
of error
Lacy
Cooper
Rodney
Glassman
Andy
Gould
Dawn
Grove
Abe
Hamadeh
Tiffany
Shedd
OtherUndecided
Rasmussen ReportsJuly 27–28, 2022710 (LV)± 4.0%4%21%12%6%26%4%6%20%
OH Predictive InsightsJuly 27, 2022502 (LV)± 4.4%2%16%7%5%31%4%35%
KAConsulting LLC (R)July 11–12, 2022400 (RV)± 4.9%2%6%5%10%17%3%57%
OH Predictive InsightsJune 30 – July 2, 2022515 (LV)± 4.3%3%6%6%5%7%4%68%
Cygnal (R)June 9–10, 2022– (LV)1%4%6%4%10%5%72%
OH Predictive InsightsApril 4–5, 2022500 (LV)± 4.4%4%5%5%3%3%4%76%

Results

Democratic primary

Candidates

Declared

Withdrew

Declined

Results

Libertarian primary

Candidates

Declared

Results

General election

Predictions

SourceRankingAs of
align=left Sabato's Crystal Ball[17] November 3, 2022
Elections Daily[18] November 1, 2022

Polling

Graphical summary
Poll sourceDate(s)
administered
Sample
size
Margin
of error
Abraham
Hamadeh (R)
Kristin
Mayes (D)
OtherUndecided
Data Orbital (R)November 4–6, 2022550 (LV)± 4.3%48%45%1%5%
KAConsulting (R)November 2–3, 2022501 (LV)± 4.4%46%39%10%
Big Data Poll (R)October 31 – November 3, 20221,051 (LV)± 5.0%49%46%6%
HighGround Inc.November 1–2, 2022500 (LV)± 4.4%44%42%1%13%
OH Predictive InsightsOctober 24–26, 2022600 (LV)± 4.0%42%45%12%
Susquehanna Polling & Research (R)October 14–18, 2022600 (LV)± 4.0%42%45%4%10%
The Trafalgar Group (R)October 10–16, 20221,084 (LV)± 2.9%47%43%10%
HighGround Inc.October 12–13, 2022500 (LV)± 4.4%43%38%2%17%
Big Data Poll (R)October 2–5, 2022974 (LV)± 3.1%47%42%12%
Global Strategy Group (D)September 13–20, 2022800 (LV)± 3.5%45%45%10%
The Trafalgar Group (R)September 14–17, 20221,080 (LV)± 2.9%50%41%9%

Recount

On December 5, 2022, following election certification, Secretary of State Katie Hobbs petitioned the Maricopa County Superior Court to initiate a recount for the Attorney General election.[19] [20] On the same day, Maricopa County Superior Court Judge Timothy J. Thomason ordered for the recount to begin.[21] Under Arizona state law, an automatic recount is triggered if the margin is ≤0.5%.[22] In the Attorney General race, Democrat Kris Mayes led Republican Abraham Hamadeh by 511 votes, a margin of 0.02%, which fell within the automatic recount threshold.

As of December 28, all counties had completed their recount tabulations, and audited and sent their final results to the Arizona Secretary of State's office. The office was to compile and provide the results to the Maricopa County Superior Court, which may be released upon the court's certification. This hearing was scheduled for the 21st; however, the office motioned the court on that day to reschedule it to the 29th at 10 a.m. (only four days prior to the inauguration of the winner) due to the delays in Pinal County.[23] [24] [25]

On December 29, Judge Timothy Thomason announced the results of the recount, confirming Kris Mayes as the winner with a reduced margin of 280 votes.[26]

Recount results

By county
Kristin Mayes
Democratic
Abraham Hamadeh
Republican
CountyCertified votesRecount votesChangeCertified votesRecount votesChange
Apache17,87117,930+598,4818,494+13
Cochise18,48118,480-127,66427,664
Coconino34,04334,04319,70019,700
Gila7,7277,72714,53814,538
Graham3,0843,085+17,6407,640
Greenlee9389381,4621,462
La Paz1,6481,653+53,7753,788+13
Maricopa766,869766,874+5740,960740,965+5
Mohave19,58319,585+260,59260,593+1
Navajo18,11918,129+1021,74821,747-1
Pima236,264236,264157,350157,348-2
Pinal58,95359,068+11582,72483,116+392
Santa Cruz8,7238,721-24,2824,283+1
Yavapai42,81042,813+377,48177,487+6
Yuma19,50019,499-125,70525,704-1
By congressional district

Mayes won 5 out of 9 congressional districts, including two that elected Republicans.[27]

DistrictMayesHamadehRepresentative
51.4%48.6%David Schweikert
45.8%54.2%Tom O'Halleran (117th Congress)
Eli Crane (118th Congress)
75.8%24.2%Ruben Gallego
56.0%44.0%Greg Stanton
42.4%57.6%Andy Biggs
51.5%48.5%Ann Kirkpatrick (117th Congress)
Juan Ciscomani (118th Congress)
66.4%33.6%Raúl Grijalva
44.1%55.9%Debbie Lesko
35.9%64.1%Paul Gosar

Lawsuit over result

Hamadeh filed a lawsuit regarding the result of the election. On December 20, judge Lee Jantzen of Mohave County Superior Court denied Kris Mayes' and Secretary of State Katie Hobbs' motion to dismiss and stated that Hamadeh "is not alleging political motives or fraud or personal agendas being pushed", but "is simply alleging misconduct by mistake, or omission by election officials, led to erroneous count of votes and which if true could have led to an uncertain result." Jantzen added that honest mistakes by officials could not be used to overturn an election. Kris Mayes' attorney repeatedly stated that the evidence brought forward by Hamadeh was not large enough to ever be accepted by the strict standards of election law.[28] [29] Jantzen dismissed one count of the lawsuit, alleging that unverified early ballots were illegal votes.

This allowed for Hamadeh's lawsuit to proceed to an evidentiary hearing, which was held on December 23, lasting for three hours, with the result being that Judge Jantzen, ruling from the bench, denied Hamadeh's election challenge.[30] [31] [32] Jantzen told Hamadeh's lawyer "you just haven't proven your case", with an absence of "even slight information" that "the election was done illegally or incorrectly." Jantzen declined to accept Hamadeh's lawyer's request to shift the vote margin as not being in the court's purview.[33] Hamadeh's lawyer acknowledged to the court that his findings were insufficient. Mayes' attorney stated he would request the court to sanction him over the frivolous nature of the lawsuit, stating that in 37 years of practice he had "never been involved in such a gigantic waste of time as this case".[34]

Hamadeh filed another lawsuit regarding the election result on January 4, 2023, after Mayes had already been sworn in as attorney general; the new lawsuit cited that the "recount results identified significant, material discrepancies" which were not known to the court during the previous lawsuit.[35] Judge Jantzen rejected this lawsuit in July 2023, writing that election laws "preclude issuing a new trial with extended discovery", and finding that there was no new evidence that could not have been previously produced at the original trial.[36] Hamadeh requested that the Arizona Supreme Court intervene in the lawsuit, but the Arizona Supreme Court responded that Hamadeh should follow the normal process to appeal to the Court of Appeals first, while further sanctioning Hamadeh and his legal team for having "misrepresented to this court that they had sought [a final judgment] when they had not done so".[37] The Arizona Supreme Court sanction involved Hamadeh being ordered to pay over $55,000 for Mayes and Arizona Secretary of State Adrian Fontes' legal fees.[38]

Notes

Partisan clients

See also

External links

Official campaign websites

Notes and References

  1. Web site: ARIZONA. State AG Elections . October 6, 2020 .
  2. Web site: https://archive.today/20240425141838/https://split-ticket.org/2023/02/05/did-refusing-the-covid-19-vaccine-cost-the-gop-any-elections/. 2024-04-25. Did Refusing The COVID-19 Vaccine Cost The GOP Any Elections?. Jain. Gupta. Lakshya. Kavi. February 5, 2023. April 10, 2024.
  3. Web site: 2022-12-22 . Suspense mounts: Results of Arizona recounts delayed until next week . 2022-12-25 . KTAR.com . en.
  4. Web site: 'We feel confident': Upbeat Kris Mayes leads by 510 votes as AG race heads to recount . 2022-11-22 . AZCentral . en-US.
  5. News: Berzon . Alexandra . 2022-12-05 . Arizona Certifies Midterm Results After G.O.P. Resistance . en-US . The New York Times . 2022-12-06 . 0362-4331.
  6. Web site: Lacy Cooper running for attorney general . 18 Dec 2022.
  7. Web site: Former prosecutor Lacy Cooper seeks GOP nomination for AG. August 6, 2023.
  8. Web site: Martillaro . Isabella . Republican Rodney Glassman announces bid for Arizona attorney general . 2021-10-04 . The Arizona Republic . en-US.
  9. Web site: Arizona Supreme Court Justice Gould eyes run for attorney general. AZ Mirror.
  10. Web site: Barchenger. Stacey . 2021-09-08. Dawn Grove, lawyer for family's PING golf empire, makes bid for Arizona attorney general. 2021-10-04. The Arizona Republic. en-US.
  11. News: Estrada. Melissa. November 20, 2021. Who is running for Arizona attorney general? These are the major candidates in the race. The Arizona Republic. Gannett. November 4, 2021. live. limited. November 22, 2021. https://archive.today/20211122125213/https://www.azcentral.com/story/news/politics/elections/2021/11/04/whos-running-arizona-attorney-general-here-major-candidates/5956260001/. November 22, 2021.
  12. Web site: Republican Tiffany Shedd to run for Arizona attorney general . KTAR . 12 April 2021.
  13. Web site: Latch. Lacey. Kris Mayes, consumer advocate and attorney, enters Arizona's attorney general race. 2021-06-24. The Arizona Republic. en-US.
  14. Web site: The Arizona Republic .
  15. Web site: Races for 2022 statewide offices taking shape. Arizona Capitol Times. May 21, 2021 . en.
  16. Web site: House Dems head off retirement crisis – for now. 2021-06-28. Politico. en.
  17. Web site: Secretary of State and Attorney General: What to Watch for Next Week in Key Statewide Contests . Sabato's Crystal Ball . November 3, 2022 . November 3, 2022.
  18. Web site: Elections Daily Secretary of State Ratings . Solomon . Zack . Elections Daily . November 7, 2022 . November 29, 2022.
  19. Web site: Petition for Automatic Recount . Arizona Secretary of State . December 5, 2022.
  20. Web site: Arizona Sec. of State Katie Hobbs gets recount process started for 3 races . KTAR News. December 7, 2022 . December 5, 2022.
  21. Web site: Order to Conduct Recount . Arizona Secretary of State . December 5, 2022.
  22. Web site: Brennan . Shane . Tight elections for attorney general, schools superintendent could trigger automatic recounts . Cronkite News – Arizona PBS . November 17, 2022.
  23. Web site: 2022 General Elections Recount Progress . Secretary of State . State of Arizona . 2022-12-21.
  24. Web site: Stone . Kevin . Suspense mounts: Results of Arizona recounts delayed until next week . KTAR News . December 22, 2022 . Bonneville International . December 22, 2022.
  25. Web site: Thomason . Timothy . ORDER GRANTING MOTION TO CONTINUE HEARING FOR THE PRESENTATION OF RECOUNT RESULTS . Arizona Secretary of State . December 27, 2022.
  26. Web site: CV2022-015915: Order Regarding Recount Results . Maricopa County Superior Court . December 29, 2022 . December 29, 2022.
  27. Results . docs.google.com.
  28. News: Kavaler . Tara . Abe Hamadeh's challenge of Arizona attorney general election to go to trial . December 21, 2022 . . December 20, 2022.
  29. Web site: Kentch v. Mayes – Court Order (Motion to Dismiss) . Mohave County Superior Court . December 24, 2022 . December 20, 2022.
  30. News: Gans . Jared . Arizona judge dismisses GOP AG candidate's election challenge . December 26, 2022 . . December 23, 2022.
  31. Web site: Judge denies Abe Hamadeh's election challenge in Arizona attorney general race . . Tara . Kavaler . December 24, 2022 . December 23, 2022.
  32. Web site: CV-2022-01468: Evidentiary Hearing Order . Mohave County Superior Court . December 29, 2022 . December 23, 2022.
  33. News: Judge to Hamadeh: 'You just haven't proven your case' . December 26, 2022 . . December 23, 2022.
  34. News: Stanley-Becker . Isaac . 23 Dec 2022 . Judge rules against GOP candidate for Ariz. attorney general who sued to reverse results . 26 Dec 2022 . Washington Post . Nash Holdings.
  35. News: Abe Hamadeh files new lawsuit in Mohave County over election results . August 3, 2023 . . January 4, 2023.
  36. News: Riley . Kiera . Judge who denied Hamadeh's motion for new trial explains decision . August 3, 2023 . . July 17, 2023.
  37. News: Fischer . Howard . Court refuses to take up Hamadeh's bid to overturn AG's race results . 24 August 2023 . . 23 August 2023.
  38. News: Barchenger . Stacey . Abe Hamadeh must pay attorneys fees to Kris Mayes and Adrian Fontes, Arizona top court says . October 24, 2023 . . October 17, 2023 . https://archive.today/20231018184006/https://www.azcentral.com/story/news/politics/arizona/2023/10/17/arizona-supreme-court-hamadeh-must-pay-attorneys-fees-to-mayes-fontes/71222015007/ . October 18, 2023.