Mark Finchem files appeal after judge tossed election lawsuit

Mark Finchem filed an appeal after a Maricopa County judge tossed out his lawsuit alleging...
Mark Finchem filed an appeal after a Maricopa County judge tossed out his lawsuit alleging Katie Hobbs abused her power as Arizona's Secretary of State.(Arizona's Family)
Published: Dec. 23, 2022 at 12:05 PM MST|Updated: Dec. 23, 2022 at 12:06 PM MST
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PHOENIX (3TV/CBS 5) — Former GOP candidate for Arizona Secretary of State Mark Finchem filed an appeal on Wednesday after a Maricopa County judge tossed out his lawsuit challenging the results of the election. The lawsuit was tossed out on Dec. 16 by Judge Melissa Iyer Julian, who also confirmed that Adrian Fontes won the election and is the secretary of state-elect for Arizona.

Finchem claimed in the lawsuit that current Secretary of State Katie Hobbs threatened the boards of supervisors in Mohave and Cochise counties with criminal charges if they didn’t certify the election, as well as failing to properly certify tabulation machines. The Secretary of State’s Office filed a motion to dismiss the suit on Dec. 15, calling the claims “baseless” and “sanctionable.”

Finchem and Zink, a former candidate in Congressional District 3, filed a lawsuit on Dec. 9 to overturn the results of the election. The lawsuit claimed that current Secretary of State Katie Hobbs abused her power by failing to have tabulation machines properly certified and threatening the boards of supervisors in Mohave and Cochise counties with criminal charges if they didn’t certify the election.

Their lawsuit also said that Hobbs should have recused herself from her position as secretary of state since she was running for governor. The pair asked for an inspection of some mail-in ballots to compare signatures and compare “duplicate” ballots, especially for ballots in Congressional District 3. Zink was later taken off the lawsuit.

The appeal comes as GOP candidate for Arizona attorney general Abe Hamadeh has his day in court, challenging his narrow defeat to Democrat Kris Mayes. A judge recently ruled that Hamadeh’s lawsuit could move forward on four of five counts. Those claims included that provisional voters were excluded, and provisional and early ballots were disqualified. Arizona’s Family previously reported that Mayes come out on top by just over 500 votes, and went into automatic recount since it was within a 0.5% margin.