Judge dismisses Finchem’s election lawsuit, rules Fontes as Arizona secretary of state
Dec 16, 2022, 8:54 PM
FILE - Rep. Mark Finchem, of Arizona, speaks during an election rally in Richmond, Va., on Oct. 13, 2021. An Associated Press review has found that more than a quarter of Republican candidates for statewide office that play some role in overseeing, certifying or defending elections across 38 states supported overturning the 2020 presidential election (AP Photo/Steve Helber, File)
(AP Photo/Steve Helber, File)
PHOENIX — An Arizona judge dismissed with prejudice Republican Mark Finchem’s election lawsuit, ruling Democrat Adrian Fontes as the state’s secretary of state.
The lawsuit claimed wrongdoing in the 2022 election and that the results were wrong due to Katie Hobbs’ inability to step away from her position as secretary of state while running for governor.
“After an oral argument this afternoon, (a judge) found the election lawsuit was baseless, not well read in Arizona law and in fact the attorney did not seem to understand parts of Arizona law and civil procedure,” KTAR News legal analyst Barry Markson said.
BREAKING: @RealMarkFinchem lawsuit is dismissed with prejudice. Judge affirms @Adrian_Fontes election as Secretary Of State. pic.twitter.com/gpGvhh34wp
— The AZ – abc15 – Data Guru (@Garrett_Archer) December 17, 2022
Finchem sought the results of his election be thrown out and that the election is re-voted on and counted by hand. The Democrat had 52.8% of the votes when the race was called — a 128,561 vote lead.
The Republican candidate filed the lawsuit on Tuesday, a similar suit that Republican Kari Lake is expected to hear the results of on Dec. 19.
Because the lawsuit was dismissed with prejudice, it cannot be refiled and the judge will entertain motions for sanctions against the plaintiffs.
The results from the judge ultimately mean Fontes will take power as Arizona secretary of state on Jan. 2.
