Public records revealed that Maricopa County Recorder Stephen Richer tasked staff with compiling articles and online content pertaining to his personal defamation lawsuit against Kari Lake — Senate candidate and 2022 gubernatorial candidate — as well as topics of personal political interest.
Richer also tasked staff with printing his favorite articles and pieces of online content from these lengthy daily news compilations and organizing them in a binder. Richer admitted in one email obtained by public records that this daily content gathering assignment took a “significant amount of time” for staff to put together.
Richer filed his defamation lawsuit last June against Lake over her claims of him improperly administering the 2022 election. Lake has unsuccessfully petitioned to dismiss his lawsuit; her petition was denied earlier this month.
The county recorder’s staff weren’t just tasked with tracking online chatter about Richer’s personal lawsuit.
Records reveal that Richer has regularly tasked staff with tracking a wide variety of media reports and other online content on topics of personal political interest to Richer, unrelated to the statutory duties of the recorder’s office. This included coverage of other elected officials in Arizona and across the nation; the political landscape for the 2024 election; the indictments against former President Donald Trump; developments in social media; and updates on various public policies.
Some news and online content gathered by staff touched on legal challenges to free speech.
That prompted AZ Free News to ask Richer about the greater nature and purpose of his content gathering assignments, including whether the gathered content inspired, informed, or guided his defamation lawsuit, and why staff hours were dedicated to finding content unrelated to the duties of the recorder’s office.
In response to our questions, a spokesperson defended Richer’s content gathering tasks as consistent with the administration of his predecessors.
“Providing leadership with news clips relating to the office and regarding current events is a standard practice. It has been a practice of this office for the past three years and it was originally implemented by staff from former Senator McSally’s office, where it was a standard practice, who joined the Recorder’s Office in January 2021,” stated the spokesperson. “Recorder Richer values news and being aware of developments within our state and relating to our statutory responsibilities.”
Richer’s office didn’t respond to a repeat of questions left unanswered by their statement: what bearing the content gathered had on Richer’s personal defamation lawsuit leading up to it, and why the recorder tasked staff with compiling news coverage of his personal defamation lawsuit as well as topics of personal political interest unrelated to the recorder’s office.
Richer roping the recorder’s office in on his personal defamation case appears to be related to his interest in securing greater restrictions on free speech. Other emails obtained from public records reflected how Richer began to signal concern over the impacts of free speech on his office in the aftermath of the 2020 election.
In September 2021, the recorder drafted a proposal for greater restrictions on free speech in an unpublished op-ed pitched to The National Review.
Richer argued that free speech restrictions should be expanded, even if the wrongs of 2020 election claims were righted through avenues such as the Dominion Voting Systems’ defamation cases against Fox News and top Trump personalities Rudy Giuliani, Sidney Powell, Patrick Byrne, and Mike Lindell.
Dominion Voting Systems effectively prevailed in their lawsuit against Fox News in 2023, amassing the largest settlement in media defamation history: over $787.5 million.
“[E]ven if Dominion wins all of these lawsuits (and certainly if it does not), it still might be time to revisit our First Amendment jurisprudence,” wrote Richer. “If we don’t, I fear that the morass of disinformation will blanket over legitimate information in all areas of public importance.”
National Review submissions editor Jack Butler rejected the piece over Richer’s proposed restrictions on free speech. Butler encouraged Richer to resubmit the op-ed, sans the call for free speech restrictions; the piece was never published.
“I think we’d still be open to a version of this argument, but that sheds the bits about reconsidering First Amendment jurisprudence,” said Butler. “Even just revising it to express hope that the Dominion lawsuits have their desired effect.”
Although National Review denied the op-ed containing the free speech reform proposal, Maricopa County Community College District (MCCCD) accepted a version Richer drafted for a speech several weeks prior containing a more direct critique of the First Amendment.
In that speech, Richer said that lies and disinformation were the greatest threat to elections and the government; because of that, the recorder characterized the Constitution, specifically the First Amendment, as a “thorn in the side” of his office.
Richer lamented that the First Amendment protects lies, to a certain degree. The Supreme Court ruled this to be the case in their 2012 decision for United States v. Alvarez which pertained to lying about military service, and their 1964 ruling in New York Times Co. v. Sullivan which pertained to deliberate lying about the government.
Certain speech presenting specific harms aren’t protected, such as defamation, fraud, false advertising, perjury, plagiarism, and threats deemed grave and imminent.
However, in that earlier version presented to MCCCD, Richer admitted hesitation to his own desire for First Amendment reforms.
“Yes, I think it’s possible that our First Amendment jurisprudence needs to change,” said Richer. “But I’m hesitant to disrupt something that has served this country so well for so long.”
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On Tuesday the legal team for former GOP gubernatorial candidate, now Senate candidate, Kari Lake argued for the dismissal of Maricopa County Recorder Stephen Richer’s defamation lawsuit against her.
Richer filed his defamation lawsuit against Lake in June over her claims of his administration of the 2022 election. Lake filed a motion to dismiss in August.
In his amended complaint, Richer alleged that Lake had “falsely and with actual malice” accused him of intentionally printing improperly-sized ballots and inserting 300,000 illegal or invalid early-vote ballots during his administration of the 2022 general election. Richer said that the accusations have caused him and his family real harm, including threats of violence and death.
I'm suing Kari Lake.
I'd hoped the defamation would stop after the election. I waited.
I'd hoped it would stop after the first election trial. I waited.
I'd hoped it would stop after the appeal. I waited.
I'd hoped it would stop after the second trial. I waited.
I'd…
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) June 22, 2023
Lake’s motion to dismiss argued that she voiced legitimate concerns about the 2022 election, and that Richer’s lawsuit amounted to retaliation following two failed attempts at obtaining sanctions against her. In those denied requests for sanctions, Maricopa County Superior Court found that Lake’s claims weren’t groundless or brought forth in bad faith.
“The types of statements that Recorder Richer complains of are the types of statements directly related to his job performance that political foes and constituents critical of elected officials ordinarily make,” read the motion.
During Tuesday’s arguments in the Maricopa County Superior Court, one of Richer’s attorneys, Cameron Kistler, said that Lake’s speech wasn’t hyperbole, but a statement of facts.
“She’s making statements where she’s asserting these are actual facts that happened in the world, these are actual accusations of falsifiable criminal conduct,” said Kistler.
Jen Wright, the former assistant attorney general serving on Lake’s team, countered that Lake did believe her speech to be true based on the facts at hand: the county’s admission that there were ballots that lacked chain of custody, and that printer problems did occur for some, still unknown reason.
“I don’t think it’s a question of fact as to whether or not the printers malfunctioned, it’s a question of opinion as to how they characterized them,” said Wright.
Richer accused Lake of issuing dozens of defamatory statements.
Jessica Banks-McDowell, an Arizona State University (ASU) law student on Lake’s team, said that court precedent clarifies that Richer’s intent via his filings is to stifle Lake’s speech. ASU’s First Amendment Clinic signed onto Lake’s defense.
“There is very clear intent of his motivation to deter, retaliate against, or prevent Kari Lake’s lawful speech,” said Banks-McDowell.
Richer seeks an injunction that would force Lake to delete the allegedly defamatory statements.
Banks-McDowell further argued that Richer hadn’t met the burden of proving defamation occurred as required by A.R.S. 12-751, Arizona’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law.
Kistler said that the anti-SLAPP law didn’t apply here because Lake’s team didn’t provide evidence to prove Lake’s disputed statements as true.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Maricopa County Recorder Stephen Richer says that a number of progressive social issues aren’t major threats to America.
Richer dismissed the notion that transgender activism, woke corporations, and critical race theory were the most important challenges facing America. He also deprioritized the concerns over globalization, worker power, and financialization.
Rather, Richer declared that he believed government regulation, tax rates, free trade, and illegal immigration were the top challenges facing America.
Specifically: tax rates on corporations and job creators are too high, regulation is discouraging business growth and innovation, and tariffs on China are raising prices and interfering with free trade.
Of these 12, my top 3 of my top 4 issues are the 3 at the bottom in blue. (Immigration reform other)
This puts me firmly in what the study calls the "old right."
Very interesting report by @AmerCompass on "The New Conservative Voter."
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) October 1, 2023
The county recorder elicited his self-characterization in response to an American Compass report on a survey of Republicans describing “The New Conservative Voter.” By the report’s standards, Richer declared himself to be the “old right.”
“Naive of me to think politics was about competing ideas for a governing philosophy,” stated Richer.
A majority of survey respondents believed, in order, that transgender activism, woke corporations, illegal immigration, critical race theory, and globalization were the top five most important challenges facing America.
Those survey responders most concerned with the threat of progressive cultural issues were characterized as “cultural” Republicans. They agreed that transgender activists are trying to erase the differences between boys and girls; that “woke” corporations are forcing their values on Americans; and that schools, businesses, and even the military are telling Americans that the country is racist.
Survey responders most concerned with illegal immigration, family and fertility, and higher education were characterized as “consensus” Republicans. They agreed that illegal immigration undercuts American workers and lowers their wages; not enough people are married and having kids; and the education system only works for people who are able to succeed in college.
Those survey responders most concerned with globalization, worker power, and financialization were characterized as “new right” Republicans. They agreed that American manufacturing has been gutted by globalization and trade with China; workers have little control over their jobs and can’t do anything about it; and people make more money working Wall Street than building real businesses.
The survey respondents also overwhelmingly agreed that it’s become harder for a family to achieve middle-class security in America, that employers should offer better jobs and higher pay to bring in more workers, that colleges should have to bring down their costs and make loans themselves to students who need them, that tariffs are good and needed to boost American manufacturing, that the government should provide support to ensure that America is a leader in advanced technologies like semiconductors, that politicians should focus on cutting taxes and never consider raising them, and that the government shouldn’t implement welfare stipends under a “family benefit” policy.
However, survey respondents were more evenly divided on two issues. A lesser majority agreed that Wall Street investors are getting rich doing things that weaken our economy, and that unions are a negative force that harm workers, employers, and consumers.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Maricopa County Recorder’s Office says third-party voter turnout organizations using government seals have sent voter registration forms to ineligible voters and, in at least one instance, a dog.
Aaron Flannery, a government affairs official for the Maricopa County Recorder’s Office, revealed this during the Senate Elections Committee meeting. Flannery spoke in favor of a bill proposing mandatory disclosures on election-related mailers from nongovernmental entities or persons. He noted that the county receives frequent complaints about third-party mailers containing voter registration forms and pre-paid postage to their office.
“We did receive the following emails: from a very smart resident who said, ‘I am not a U.S. citizen, why are you sending me this?’ We had one from an upset resident saying ‘My spouse has been dead for 11 years and I have provided the death certificate. What kind of operation are you running there?’ And another confused resident — and this one really gets me — saying, ‘Jada is a dog. She cannot vote,’” said Flannery.
The bill, SB 1066, would require the phrase “not from a government agency” displayed in boldfaced, legible type on the outside of the envelope and on the document inside. The inner disclosure must make up at least 10 percent of the size of the document, or less than an inch on a standard 8.5-inch flyer or mailer brochure.
According to Flannery, third-party groups sent nearly 109,700 letters containing voter registration forms during the last primary election. Of these, voters returned 3,284 to the recorder’s office. Of those, 2,681 contained updated voter information, 365 had been addressed to deceased voters, and 234 contained brand-new registrations.
Flannery noted that this has been an issue for over a decade. These third-party organizations get their mailing lists from mass-mined data. Flannery said that SB1066 would alleviate voter confusion and improve voter confidence in county elections.
“It is not a voter suppression bill, it is a voter confidence bill,” said Flannery. “We are against mass mailings that are easily mistaken for official election mail that can lead to confusion.”
Flannery explained that the county has its own voter registration notification system for eligible voters, called “Eligible But Not Registered.”
The bill sponsor, State Sen. John Kavanagh (R-LD03), said the bill would prevent organizations from appearing to represent government messaging and interests.
“This is just a matter of transparency,” said Kavanagh.
In addition to the Maricopa County Recorder’s Office, the Arizona Association of Counties issued support of the bill.
All three Democrats on the Senate Elections Committee voted against the bill: State Sens. Juan Mendez (D-LD08), Anna Hernandez (D-LD24), and Priya Sundareshan (D-LD18). They were backed in their opposition by the American Civil Liberties Union (ACLU) of Arizona, the Sierra Club Grand Canyon Chapter, and All Voting Is Local Arizona.
Mendez questioned whether the bill actually solved a problem or whether it simply created less paperwork for election officials. Mendez insisted that this bill would violate the First Amendment; he claimed that some of his constituents complained that this proposed law was compelling speech.
Kavanagh rebutted that other compelled disclosures, such as cigarette companies notifying smokers of the link between cancer and cigarettes on cartons, weren’t considered to be in violation of the First Amendment.
Kavanagh clarified that the bill wouldn’t necessitate preapproval of election mailers.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Maricopa County Recorder Stephen Richer said that early mail-in ballots are less problematic than in-person voting.
Richer made the remark during last month’s rowdy Board of Supervisors’ meeting to certify the election results. Richer said that this year’s early voting process had few issues, which he assured were remedied quickly.
“The early voting process is safe. It is secure, it is trackable, and it is subject to fewer of the caprices of in-person voting,” stated Richer.
The county recorder disclosed that preference at the end of his summary report on the county’s election processes and relevant data. He also took a swipe at critics.
“We can spend the next two years as we’ve spent the last two: fighting over conspiracy theories as promoted on social media by people who know nothing about elections,” stated Richer.
That line prompted loud, angry outcries from the audience. Gates pleaded calm, remarking that “the world is watching” as the audience shouted at Richer.
Richer continued, insisting that people should stop focusing on issues like splunk logs and ballot mules, and instead focus on legislative efforts like speeding up early vote processing.
Maricopa County Recorder @stephen_richer urges voters to move past frustrations over recent election issues: "We can spend the next two years as we’ve spent the last two: fighting over conspiracy theories as promoted on social media by people who know nothing about elections." pic.twitter.com/dOpzOL96Rm
Richer assured those present and the tens of thousands viewing the live stream of the meeting that the election was run efficiently despite Election Day hiccups with tabulators stemming from printer settings. Richer noted that political observers representing all parties were present throughout the election process.
Richer reported that Election Day voter registration totaled around 2.4 million. Approximately 77 percent of those were on the Active Early Voting List (AEVL); the county reportedly mailed out just under 1.9 million ballots.
There were 6,836 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) votes. Over 1.3 million million early ballots were returned early: 806,000 came through USPS. Of the 461,000 early ballots dropped off at drop box early voting locations, 290,000 were dropped off on Election Day. Richer remarked that the number of early ballots dropped off on Election Day were a significant increase, despite his “best efforts” to dissuade voters from doing that.
Richer walked through the early ballot review process. He dispelled rumors that the county uses artificial intelligence for signature verification.
Richer reported that on the day before Election Day, the county had processed all early ballots received by Saturday. By Wednesday morning they processed all early ballots they received by Sunday, Monday, or by mail on Tuesday.
Richer emphasized that the county didn’t compromise any aspect of their early ballot processing because of the “stink” raised by the community concerning signature verification over the last few years.
He reported that the Sunday after Election Day, the early vote team had to review provisional ballots and cure ballots. Approximately 16,000 ballots had “bad” signatures, and all were cured except about 1,800.
Elections are administered at the county level.
In Arizona, early voting and voter registration is administered by the 15 country Recorders (majority republican).
Election Day and tabulation is administered by 15 Boards of supervisors (majority Republican).
0 by Hobbs.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) November 22, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
