Arizona Secretary of State Candidate Must Pay Legal Fees for Baseless Election Challenge.
Arizona Republican Ordered to Pay Over $48,000 in Fees for Challenging Election Results
The 2022 election results in Arizona have been a hot topic of discussion, with many challenging the outcome. One such challenger was Mark Finchem, the Republican candidate for Arizona secretary of state. However, his challenge has come at a cost.
“In election matters, Arizona’s courts have emphasized that sanctions should be awarded only in rare cases, so as not to discourage legitimate challenges,” Julian wrote. “This is such a case.”
On May 22, Maricopa County Superior Court Judge Melissa Julian ordered Finchem to pay over $48,000 in fees related to litigation. This included about $40,000 in attorney fees to his Democrat opponent and now Secretary of State Adrian Fontes, and about $7,400 in attorney fees to Gov. Katie Hobbs. Fontes won the election with a 120,000 vote margin against Finchem, according to court records and Arizona election results.
Julian also ordered Finchem to pay a combined $385 in taxable costs related to the suit—$293 to Fontes and $92 to Hobbs.
Sanctions Ordered Previously
This is not the first time Finchem has been ordered to pay sanctions. In March, the same judge imposed sanctions on Finchem and his attorney, calling Finchem’s challenge to the election “groundless” and ordering monetary sanctions under Arizona law, which she said helps discourage lawsuits for which there is “no legitimate basis or fact or law.”
Finchem objected to the request for sanctions by Hobbs and Fontes, arguing that Arizona precedent does not allow the court to impose sanctions in election suits. However, Julian found that Finchem’s lawsuit was not brought in “good faith,” which added to her reasoning for imposing monetary sanctions.
Finchem’s Challenge
Finchem’s lawsuit (pdf) was dismissed by Julian in December, which he appealed shortly after. He alleged a litany of misconduct claims against Hobbs related to his election, which he referred to as “comical and tragic.”
election night watch party at the Renaissance Phoenix Downtown Hotel in Phoenix, Ariz., on Nov. 8, 2022.” />Challenging election results is not uncommon, but it is important to have a legitimate basis for doing so. Mark Finchem, the Republican candidate for Arizona secretary of state, learned this the hard way when he was ordered to pay over $48,000 in fees related to litigation. This included attorney fees to his Democrat opponent and now Secretary of State Adrian Fontes, and attorney fees to Gov. Katie Hobbs. The court found that Finchem’s lawsuit was not brought in “good faith,” which added to the reasoning for imposing monetary sanctions. It is important to remember that sanctions should only be awarded in rare cases, so as not to discourage legitimate challenges.
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