This usually means that the Judge is going to dismiss it. When they take it under advisement, it shows that the plaintiff hasn’t made enough of a showing to merit going forward. After that its usually buried for six months to a year and then quietly dismissed.
A judge is taking a motion to dismiss an election-related lawsuit filed by former GOP gubernatorial candidate Kari Lake under advisement following a hearing Monday morning in Maricopa County Superior Court.
Lake filed the lawsuit earlier this month against current Secretary of State and Governor-elect Katie Hobbs, the Maricopa County Board of Supervisors, Recorder Stephen Richer and Elections Director Scott Jarrett. The 70-page suit says evidence gathered from witnesses shows “hundreds of thousands of illegal ballots infected the election in Maricopa County” and that problems with equipment along with long lines disenfranchised Republican voters. The lawsuit calls for Lake to be declared winner of the 2022 gubernatorial race, or at the very least, to vacate the results and hold a new election.
The Secretary of State’s Office responded to the initial filing of the lawsuit, calling it “baseless,” saying “Kari Lake needs attention like a fish needs water.” Last week, Hobbs and the others named in the lawsuit filed a motion to dismiss, which is being taken up in Monday morning’s hearing.
During the hearing, the attorney for Maricopa County said affidavits from voters show most voters did cast their ballot, but did have to wait in longer-than-normal lines. The attorney also stressed that there was no election misconduct, or facts to support it. On the other side, Lake’s attorney claims Maricopa County has not publicly said they intend to get to the bottom of Election Day problems.
It’s unclear when the judge might make a decision. If the motion is denied, a brief trial is tentatively set to take place later this week. Late last week, a judge handed down a ruling dealing with a portion of the lawsuit, saying Lake has the right to inspect some of the ballots cast in the election.
Lake is the only GOP candidate to file a lawsuit over their election loss in Arizona. Former secretary of state candidate Mark Finchem and Congressional candidate Jeff Zink also filed a lawsuit earlier this month to overturn the results of the election. Last Friday, a judge dismissed the lawsuit with prejudice, meaning it can’t be filed again.
Abe Hamadeh, a GOP candidate who ran for Arizona Attorney General, also filed a lawsuit following his defeat in a close race with Kris Mayes. A motion to dismiss is set to be heard in front of a judge Monday afternoon, but if that’s denied, a trial is set for Friday.