FACT CHECK: Maricopa County Recorder Didn’t Defend Arizona From Extreme Left Election Policy

FACT CHECK: Maricopa County Recorder Didn’t Defend Arizona From Extreme Left Election Policy

By Merissa Hamilton |

The famous poet and philosopher Ralph Waldo Emerson from the 1800s once quipped, “What you do speaks so loudly that I cannot hear what you are saying.” This is especially true when observing how our elected officials operate our government.

Per several posts on X, voters recently received a text blast referencing Vice President Kamala Harris as the “presumptive Democrat nominee” and chiding her “radical” left election policy positions, including “same-day voter registration, no voter ID, and more federal control of our elections.” The text blast made a policy commitment on behalf of the current Maricopa County Recorder Stephen Richer to protect us from these extreme policies.

But when presented with the opportunity to codify such protections into law, the Maricopa County Recorder’s track record tells a different story.

In the 2022 legislative session, State Representative Jake Hoffman introduced bill HB2237, which would have made same-day voter registration illegal in Arizona.

It was a very simple bill that just stated:

Same-day voter registration is a scheme from the left to overwhelm County Recorders with thousands of registrations on Election Day or during a voting period. This makes it nearly impossible to confirm if someone is actually a legal citizen resident of Arizona before providing them with a ballot.

Currently, throughout the year, but especially at the last minute right before voter registration election deadlines, many groups in Arizona, especially from the left, have generous paid programs to register voters. They often don’t submit completed forms, creating complications for election workers. Jen Fifield from Vote Beat recently reported on the issues caused by this.

As the article mentions, these same extreme left groups advocate for same-day voter registration, and many pushed their members and lobbyists to sign in against HB2237 in 2022. Even Katie Hobbs’ Secretary of State Office signed in against the bill, while conservative groups like the Arizona Free Enterprise Club and Heritage Action signed in favor of banning same-day voter registration.

You would think that at such a moment as this bold, simple bill, the Maricopa County Recorder could take a strong stand and defend his employees and the voters from such an insane policy from the left. Unfortunately, neither the Recorder’s Office, his office’s lobbyist, nor the associations for the recorders and counties took a position on the bill. The Maricopa County Recorder didn’t show up to testify for or against the bill either.

Complete silence.

When it comes to voter ID, it gets much worse.

The Arizona Legislature added Proposition 309 to the 2022 ballot, which would have added a voter ID requirement on early ballots. It was a simple proposal that the Recorder’s Office was previously on record as supporting in principle, per public records.

When the bill was brought before the Legislature, the Arizona Association of Counties opposed it. There is no record of the Recorder or his lobbyist associations taking a position on the bill or offering amendments.

When the proposition made it to the ballot, the Maricopa County Recorder not only publicly opposed voter ID for early voting but also used government resources to do so.

I found this strange since all my previous interactions with Recorder Richer, from working on his 2019 “election integrity” report to conversations with his office on policy to a coffee meeting I had with him one-on-one in 2021, all indicated that his position was that signature verification alone wasn’t sufficient to secure elections and that some sort of voter ID mechanism was needed to secure early ballots.

The Arizonans for Voter ID organization sent a letter to the Arizona Attorney General admonishing Recorder Richer for violating the law by using his government office resources to advocate against the ballot referral.

The voter ID proposition ended up failing by 18,488 votes and only by 2.5% in Maricopa County.

Fast forward two years. The Maricopa County Recorder’s letter on Prop 309 is scrubbed from the internet now that he’s running for re-election, and text blasts are going out stating he will defend voter ID.

To be clear, the current Maricopa County Recorder not only has multiple associations at his disposal to advocate for or against policy, but he also has his own lobbyist for his office. With all these lobbying resources, his opponent Rep. Justin Heap was recently featured on the Mike Broomhead show as stating that although he’s served on the Legislature’s House Elections Committee for the last two years, he’s never seen the Maricopa County Recorder at the Legislature. Heap says Recorder Richer has been a “hindrance” in passing needed laws, such as those to fight radical left policies.

When it comes to federal laws, as I mentioned in my piece on AZ Free News last week, the current Recorder has also been silent on his award-winning X platform in advocating for the Speaker Johnson-supported SAVE Act to require proof of citizenship for voters in federal elections.

One thing is for certain, while the current Maricopa County Recorder has taken a back seat when it comes to defending voters from radical left policies, Maricopa County voters are certainly desperate for our county recorders to use their resources to give us a stronger voice in standing up for policies that would strengthen the security and trust in our elections.

Merissa Hamilton is the founder and chairwoman of the nonpartisan nonprofit organizations Strong Communities Foundation of Arizona and Strong Communities Action, also known as EZAZ.org, which are focused on making civic education and action as easy as pie. She’s an elected Member at Large of Congressional District 1 for the Arizona Republican Party and previously ran for Mayor in 2020. Merissa is also the Director of Integration and Policy at The R.O.A.R. PAC, which is on a mission to restore our American Republic.

Maricopa County Recorder Stephen Richer’s Efforts to Misinform Voters on Prop 309 Must Be Investigated

Maricopa County Recorder Stephen Richer’s Efforts to Misinform Voters on Prop 309 Must Be Investigated

By the Arizona Free Enterprise Club |

Every voter should be required to provide identification before casting a ballot. It’s the bedrock of secure elections and ensures it is both easy to vote and hard to cheat. But in Arizona, some in-person voters can present two non-photo documents in place of a photo ID, and for the millions of Arizonans who choose the convenience of voting by mail, only a signature is required.

The fact is we currently treat different types of voters disparately—not all voters are showing ID. That’s why Prop 309 is critical. It creates universal voter ID requirements so that valid ID is required no matter when, where, or how we vote, meaning all voters will be treated equally and all will show ID. Plus, Prop 309 waives the fee for a state issued photo ID.

If that sounds like a no-brainer, that’s because it is.

But recently, Maricopa County Recorder Stephen Richer waged a political campaign against Prop 309, illegally using his office and taxpayer resources to misinform voters and influence the outcome of the election…

>>> CONTINUE READING >>>

Maricopa County Recorder Under Fire for Misinformation on Prop 309

Maricopa County Recorder Under Fire for Misinformation on Prop 309

By Terri Jo Neff |

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.

Some Top County Election Officials May Have Violated Law In Pushing “No” On Prop 309

Some Top County Election Officials May Have Violated Law In Pushing “No” On Prop 309

By Terri Jo Neff |

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.”