Mark Finchem files lawsuit challenging November election results, claims Hobbs abused power

FILE - Arizona Secretary of State Republican candidate Mark Finchem listens to instructions...
FILE - Arizona Secretary of State Republican candidate Mark Finchem listens to instructions prior to debating democratic challenger Adrian Fontes, Sept. 22, 2022, in Phoenix. Kari Lake, the GOP candidate for governor, and Finchem have refused to acknowledge their losses. Arizona counties will decide Monday, Nov. 28, whether to certify 2022 election results. (AP Photo/Matt York, File)(Matt York | AP)
Published: Dec. 9, 2022 at 7:13 PM MST
Email This Link
Share on Pinterest
Share on LinkedIn

PHOENIX (3TV/CBS 5) — Not to be left out of the Friday afternoon election lawsuit filings from GOP candidates, secretary of state candidate Mark Finchem and congressional candidate Jeff Zink filed their own lawsuit to overturn the results of the November election. Their lawsuit is against Finchem’s Democratic secretary of state opponent Adrian Fontes, Zink’s opponent in Congressional District 3, Rep. Ruben Gallego, and current Secretary of State Katie Hobbs. The lawsuit claims Hobbs abused her power by failing to have the tabulation machines properly certified and threatening the board of supervisors in Mohave and Cochise counties with criminal charges if they didn’t certify the election. Zink and Finchem also said Hobbs should have recused herself from her position as secretary of state since she was running for governor. The lawsuit alleges Hobbs abused her power when her office flagged misinformation on a Twitter account in January 2021.

On Election Day, about 60% of vote counting machines had issues in Maricopa County. At those polling places, voters could go to another polling place or put their ballot in the so-called Box 3, a protective container where the votes would be counted later. The lawsuit claims Hobbs’ office failed to closely monitor the certification and re-certification of the labs that make sure the electronic tabulation machines run correctly. Zink and Finchem also claim Hobbs changed the gauge of the paper, causing more issues. “Had this failure not occurred during the election, 201,232 votes would have gone to Finchem and 79,298 votes would have gone to Zink, changing the outcome of the election in favor of the Plaintiffs,” the lawsuit says. It’s unclear how they came up with those numbers.

The lawsuit is asking for an inspection of some mail-in ballots to compare signatures and compare “duplicate” ballots, especially for ballots in Congressional District 3. Because of these claims, the court is being asked to repeal the election results.

Just before 5 p.m., gubernatorial candidate Kari Lake, also a Republican, filed a lawsuit against Hobbs and Maricopa County officials, claiming hundreds of thousands of illegal votes had “infected” the county. She also focused on the tabulation machine issues and claimed there was an illegal chain of custody for thousands of ballots. Earlier on Friday afternoon, attorney general candidate Abe Hamadeh teamed up with the Republican National Committee and others to file a lawsuit to make sure all legal votes are counted, and illegal votes aren’t counted. They aren’t alleging fraud or manipulation by election officials.