One lawmaker has a solution to the ballot drop box watcher controversy in Maricopa County, but the recorder says they won’t be modifying their operations.
State Senator Michelle Ugenti-Rita (R-Scottsdale) proposed removing the two controversial drop boxes situated outdoors, leaving voters with the drop boxes located indoors. However, Maricopa County Recorder Stephen Richer told AZ Free News that removing the two controversial drop boxes would be surrendering to cancel culture, not assuaging voter tensions. Richer explained that outdoor drop boxes enabled a 24/7 option for returning early ballots, whereas drop locations inside government buildings are limited to business hours.
“I don’t believe in surrendering to cancel culture. I don’t believe that we should cave to intentionally disruptive behavior (as some of the watchers appear to be; others not). I don’t think ASU should cancel speaker events because some people protest,” said Richer. “I don’t think the county should change the voting plan that has been in place for many months now — and that worked successfully for the August primary — because of these people.”
I tried to ban drop boxes last session. At a minimum, the county should remove the 2 outside drop box locations before someone gets hurt. Problem solved.
Ugenti-Rita proposed her solution on Sunday. By Monday, the Democratic Party’s top election lawyer renowned for his role in the Russiagate hoax, Marc Elias, had jumped into the Arizona elections ring again — ensuring that Arizona’s elections are once more the center of national attention.
Outdoor drop boxes have been the source of numerous complaints of voter intimidation and voter fraud this election season. Secretary of State Katie Hobbs announced in a press release on Monday that her office referred six complaints of voter intimidation to the Department of Justice (DOJ).
Arizona police were called to investigate 2 individuals parked near a ballot drop box Friday night, dressed in tactical gear & armed with guns. The Maricopa County Sheriff's Office said they were not breaking any laws because they were more than 75 feet away from the ballot box.
Those seeking to report voter intimidation may call 1-877-THE-VOTE or access Arizona.Vote. Those seeking to report voter fraud may submit their complaint to the attorney general here.
Elias sued to stop Arizona’s ballot drop box watchers on behalf of the Arizona Alliance for Retired Americans and Voto Latino against Clean Elections USA. The nonprofits allege that the drop box surveillance amounts to voter intimidation prohibited by the Voting Rights Act (VRA) and the Ku Klux Klan Act of 1871.
. @marceelias sounds an encouraging note on the speed with which the court is responding to the lawsuit against Arizona ballot box vigilantes. pic.twitter.com/ketOafu29B
Elias and the two leftist nonprofits have been busy resisting Republican-led changes to election law. In August, the pair sued to stop SB1260, a bill enacted in June to clean up the state’s voter rolls. The Arizona District Court issued a temporary injunction against provisions of the bill enforcing voter registration cancellation for those who register to vote in another county and issuance of felony charges against those who facilitate voter fraud, but didn’t block removals from the Active Early Voting List (AEVL). Elias’ team appealed.
In March, Elias’ law group sued on behalf of Voto Latino as well as Mi Familia Vota against HB2492, a bill signed into law earlier this year requiring proof of citizenship in order to vote (though it won’t go into effect until 2023). The Arizona District Court is hearing that case; at present, the court is considering the state’s motion to dismiss.
In that case, Elias and the nonprofits have the Biden administration’s support: in July, the DOJ sued the state over the new law. DOJ Assistant Attorney General Kristen Clarke claimed that Arizona’s required proof of citizenship to vote was “onerous” and “unnecessary.”
Prior to this year, Elias only represented Voto Latino in one other case: a 2020 lawsuit against Hobbs to extend the state’s mail-in ballot deadline. Although Elias’ team was unsuccessful in extending the mail-in ballot deadline, they did get Hobbs to expand Hispanic voter outreach efforts and increase funding for early voting across different counties.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Monday, Maricopa County began the tabulation of approximately 168,000 early ballots. The county estimated that around 150,000 to 250,000 early ballots will be dropped off on Election Day, with 98 percent of ballots reported by November 11.
The Maricopa County Elections Department counts all early and provisional ballots. Vote Center tabulators handle Election Day ballots. As the county noted, state law allows for early ballot tabulation prior to Election Day.
— Maricopa County Elections Department (@MaricopaVote) October 24, 2022
Bill Gates, Maricopa County Board of Supervisors chairman, assured voters in a press release that the tabulators were vetted and staff were bipartisan.
“Regardless of who wins or loses, voters can trust in the results that our election processes, procedures, and audits provide,” stated Gates.
The county noted that voters should be aware of the possibility of an automatic recount following the publication of final results. SB1008 increased the automatic recount threshold from .001 to .5 percent. If that occurs, the final election results would be available by late December at the earliest.
The county’s detailed explanation of its processes, prediction of when vote counting ends, and assurance of election integrity precautions are likely part of efforts to alleviate tensions after nearly two years of vocal voter distrust in elections — especially those in Maricopa County.
Some voters who did not want to receive a ballot by mail have reported receiving one. If you received a ballot through the mail after previously requesting not to vote early, it was likely because we did not receive the request within the time required by state law. A 🧵 (1/3)
— Maricopa County Recorder's Office (@RecordersOffice) October 19, 2022
County leadership condemned citizens surveilling ballot drop boxes, saying that it amounts to voter intimidation. The county encouraged citizens to become poll workers or official party-affiliated observers rather than surveil drop boxes.
“Uninformed vigilantes outside Maricopa County’s drop boxes are not increasing election integrity. Instead they are leading to voter intimidation complaints. Although monitoring and transparency in our elections is critical, voter intimidation is unlawful,” stated the county.
Video surveillance of the drop boxes exists, but isn’t always reliable. As AZ Free News reported in August, the county failed to record an unstaffed drop box for three weeks — a mistake only discovered by the county after a records request for the video feed by the Maricopa County Republican Committee (MCRC).
— Maricopa County Elections Department (@MaricopaVote) October 23, 2022
Maricopa County Recorder Stephen Richer shared that approximately 1.9 million early ballots were mailed, accounting for around 77 percent of voters (over 2.4 million). Richer added that the county processed over 25,000 new or updated voter registration applications.
Wondering what the barcode on your ballot's green envelope is for? It links your ballot to your voter profile, and it's how we ensure each voter only casts one ballot, and all ballots are associated with registered voters. pic.twitter.com/adFXUiRtiA
Election results will be made available here starting at 8 pm on Election Day, and updated every night. Voters can track and verify their ballot status by texting “JOIN” to 628-683 or by visiting BeBallotReady.Vote.
If Maricopa County Recorder Stephen Richer intended to quell support for Proposition 309 last week, his effort appears to have backfired. And on top of that, he is the subject of an investigation by the Arizona Attorney General’s Office, sources say.
On Oct. 11, Richer issued an email via his county account to media outlets promoting a letter “from all 15 Arizona County Recorders” about Prop 309, which the email and the letter state the Arizona Association of County Recorders (AACR) opposes.
The next day, election attorney Tim La Sota asked Attorney General Mark Brnovich to investigate the AACR’s use of Maricopa County resources to sway voters into casting a “no” vote. Richer’s actions on behalf of AACR violated two state laws which prohibit the use of public funds and public resources to influence any campaign or contest, La Sota wrote.
Prop 309 seeks to require voters who use early ballots to vote by mail to write their birthdate and a government-issued identification number on the early ballot affidavit along with the voter’s signature, which is already required. Often referred to as universal voter ID, it would also require in-person voters to present a form of photo identification such as a driver’s license or state identification card.
The AACR letter, which is printed on letterhead listing the names of the county recorders along the side, is signed “The People Responsible for Early Voting in Arizona.” The email goes further, showing it being “signed” by each of the individual recorders with their name and county noted, implying the county recorders were unanimous in their opposition.
Like many government associations, the AACR conducts its business based on a majority rule. This includes the association’s position on various matters, which is not always the same as that of the individual recorders.
For instance, Cochise County Recorder David Stevens is a very vocal proponent of Prop 309 and was consulted by lawmakers when the legislation’s language was drafted. This raised questions about the veracity of the email and letter issued by Richer, particularly after he retweeted that “Arizona’s county recorders put out a letter unanimously opposing #prop309.”
And in a subsequent Twitter exchange, Richer insisted it was a “unanimous voice vote…no nays, all ayes” with 14 of the 15 counties present (Apache County not in attendance).
Stevens wrote to Richer, demanding “a public retraction of this letter along with your apology for misleading the public.” He also questioned whether Richer was “pushing your own agenda” by giving the false impression of unanimity among the recorders on the Prop 309 issue.
The situation was further aggravated by the fact a newspaper in Stevens’ county published part of the AACR’s anti-Prop 309 letter with him listed as a signer.
Stevens told AZ Free News he was out of the country when the voice vote was conducted on Sept. 29. He was represented at the meeting by his chief deputy, who does not have a blanket proxy to vote on Stevens’ behalf.
“She was not elected by the people of Cochise County and is very careful to not speak on my behalf unless I have asked her to speak for me,” Stevens explained.
As to the statement by Richer, who is an attorney, that it was a unanimous vote, Stevens said any elected official—particularly one responsible for conducting elections—should know “that not voting no is not the same as voting yes.”
Stevens plans to push for all AACR votes in the future to be conducted by roll call, so there is documentation of how each recorder votes on a specific matter.
There has been no retraction by Richer nor AACR as of press time, but he quickly conceded it was “not appropriate” for him to post the AACR letter to the Maricopa County website.
“The letter has been taken down,” Richer said after the controversy erupted. As to La Sota’s complaint to the attorney general, Richer suggested the matter has “already been resolved” with the removal of the letter.
But election integrity proponents say the matter must not end there, as there must be consequences for the actions of AACR—and Richer specifically—for giving voters incorrect information about the group’s anti-Prop 309 position. In the meantime, supporters of strengthening voter ID laws are reporting more interest from voters on the subject.
Arizona Attorney General Mark Brnovich has been asked to look into whether some of the state’s top election officials violated state law this week by issuing a statement opposing Proposition 309, which is on the Nov. 8 statewide ballot.
Prop 309 is before the voters to decide whether to amend several of Arizona’s current election laws. For an example, a “yes” vote would require voters to write their birthdate and government-issued identification number on the concealed early ballot affidavit, and for those who want to vote in-person they would be required to present an official photo identification at their polling place.
The Arizona Association of County Recorders (AACR) issued a statement Tuesday advocating a “no” vote which would leave in place the state’s existing laws about early ballot affidavits and voter identification. Among the duties of a county recorder is to conduct early voting, including mailing out early ballots and verifying signatures when early ballots are returned by voters.
Maricopa County Recorder Stephen Richer is the president of AACR and is the one who distributed the anti-Prop 309 statement on Tuesday. Yet according to election law expert Timothy La Sota, it appears Richer has violated two Arizona laws in connection with the statement, which was also posted to a website controlled by Maricopa County.
“Contrary to what Mr. Richer appears to believe, the County Recorder’s website is a publicly funded website, and using it as a vehicle to promote Mr. Richer’s political agenda is not only inappropriate, it is illegal,” attorney La Sota wrote, pointing Brnovich to Arizona Revised Statute 11-410(A) and 16-192(A). “This website is not at Mr. Richer’s disposal to use as a campaign website for his favored political causes.”
That first statute states a county “shall not spend or use its resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value” for the purpose of swaying an election outcome.
The second statute prohibits the state and “any public agency, department, board, commission, committee, council or authority” from spending or using public resources to influence an election, including the use of “computer hardware and software, web pages and personnel and any other thing of value of the public entity.”
La Sota pointed out that data associated with the document indicates the AACR statement -which includes the names of all 15 county recorders- was created by one of Richer’s employees during office hours, another “no no,” he told the attorney general.
“As a countywide elected official charged with various election related duties, Mr. Richer should know this,” La Sota added. “And his actions in placing his thumb on the scale illegally in this context do not auger well for maintaining a professional perception in other realms.”
During an interview Thursday morning, Amy Yentes of the Arizona Free Enterprise Club discussed why Arizona law expressly prohibits the government from electioneering activities in an effort to sway a particular race or contest.
“This is a protection for taxpayers,” Yentes told KFYI’s James T. Harris. She also supports La Sota’s request to Brnovich for an investigation into how the AACR’s anti-Prop 309 statement came to be created by a Maricopa County employee and posted to the county’s website.
“What is more disturbing is that Stephen Richer is an election administrator,” Yentes told Harris. “It is quite concerning that he can’t even follow basic election law and yet we’re trusting him to administer our elections.”
But that is not the only problem stemming from Richer’s distribution of the anti-Prop 309 statement, which he said on Tuesday afternoon was approved by AACR members by “unanimous voice vote (no nays, all ays).” Richer also tweeted that “14 of the 15 counties were present” for the vote, with only Apache County absent.
According to Cochise County Recorder David Stevens, the inference voters will make from the AACR statement and Richer’s social media comments is that all 15 county recorders are against Prop 309. In fact, Richer retweeted someone else’s comment that the vote was unanimous against the proposition.
That, Stevens says, is not true. In fact, he is an adamant supporter of Prop 309 and has demanded Richer correct the AACR statement and clear any misperception.
“Stephen, I was out of the office yesterday and did not see this email. I STRONGLY OBJECT to anyone assigning an opinion to me without my expressed consent. Silence is NOT acceptance. I do support prop 309 and kindly request you remove my name from this list and issue a retraction immediately,” Stevens wrote.
As of press time, Stevens had no contact from Richer about the Prop 309 issue. He was, however, included on a mass email the Maricopa County Recorder sent to his fellow recorders Wednesday evening.
“Good luck Recorders!” the subject line reads, before Richer wished everyone “the absolute best this early voting season.”
On Thursday, the Department of Justice (DOJ) arrested an Iowa man for allegedly threatening Maricopa County Supervisor Clint Hickman.
64-year old Mark Rissi reportedly told Hickman in a voicemail last September that he was going to lynch and hang him for being a “lying commie” for supporting the results of the 2020 election. Rissi also issued a similar threat to Hickman via a voicemail left with Attorney General Mark Brnovich’s office in December.
“When we come to lynch your stupid lying Commie [expletive], you’ll remember that you lied on the [expletive] Bible, you piece of [expletive],” said the voicemail. “You’re gonna die, you piece of [expletive]. We’re going to hang you. We’re going to hang you.”
Although the DOJ press release announcing Rissi’s arrest didn’t identify Hickman as the subject of Rissi’s alleged threats, Hickman spoke out in a press release of his own to thank the DOJ and FBI. However, Hickman said that the DOJ’s actions weren’t enough because there were many other threats made to him, fellow supervisors, Recorder Stephen Richer, and numerous county elections staff.
Hickman also chided Arizonans “in positions of power [and] leadership [and] influence” for being silent.
“I’m speaking out today in hopes that others will follow. Whether it’s a person who shares your politics or your worldview or not, no one should be subjected to this kind of hatred,” stated Hickman. “And if we truly want to keep our country great, we will do everything we can to denounce threats against election workers and combat the disinformation that imperils our democracy.”
Today @thejusticedept announced the arrest of a man who threatened to hang Maricopa County Supervisor Clint Hickman. Here is his response. pic.twitter.com/SvKFyn6PVJ
Maricopa County took another step to counter election disinformation recently. They launched a disinformation center and limited press access last week to control the narrative and manage the flow of information.
So far, the FBI has taken action against those who issued threats to elected officials critical of the 2020 election audit and claims of fraud. They haven’t made arrests for those threats made to Republican officials supportive of the audit, such as death threats given to Senate President Karen Fann (R-Prescott) and State Senator Michelle Ugenti-Rita (R-Scottsdale).
In August, the FBI charged a Missouri man for threatening Richer. In July, they arrested a Massachusetts man for threatening Secretary of State Katie Hobbs.
This latest arrest comes two days after the DOJ briefed 300 election officials and workers on available grant funding for physical election security enhancements, some of which may come from the American Rescue Plan; among those in attendance were election officials and their representatives from Arizona. The DOJ also updated the election officials on their Election Threats Task Force.
That task force, which launched last June, has reviewed over 1,000 contacts reported as hostile or harassing by the election community. The task force reported that only 11 percent of those contacts warranted an investigation. It’s unclear whether the threats faced by those such as Fann and Ugenti-Rita met the DOJ’s threshold.
CORRECTION: A previous version of this story listed the arrested man as being from Illinois. The man is from Iowa, and the story has been corrected.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
