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.
Just a month ahead of the November midterms, Maricopa County announced its new “Elections Command Center” to combat disinformation, and that it would limit press access on county property.
The first line of the press release issued on Tuesday emphasized that county officials across different fields of expertise teamed up together for the greater good when instituting these changes.
“Six elected officials and a team of elections and communications professionals are coming together as one ahead of the 2022 November General Election in Maricopa County,” stated the county.
NEW: Board, Recorder, and @maricopavote establish the 2022 Elections Command Center as a central hub of info leading up to & following the Nov. 8 General Election. Plan to host regular news conferences in October and November for credentialed media. More: https://t.co/CZTTfRrrhRpic.twitter.com/BTKNlNrTK9
With this new command center will come tighter restrictions on press access to the county. The county now requires the media to have press passes to enter its facilities and cover election events.
“Because of logistical and security considerations, it is impossible to give the public and media limitless access to Members of the Board of Supervisors, the County Recorder and election experts for events such as press conferences and availabilities,” stated the signup page.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) September 27, 2022
Maricopa County Board of Supervisors (BOS) Chairman Bill Gates indicated that the Elections Command Center would serve as an improved information dissemination platform compared to traditional social media and mainstream media outlets.
“The Command Center will further deliver on that promise by creating a structure that allows us to reach more people, faster, with factual information about how elections are run and how people can successfully participate,” said Gates.
I'm excited about this Command Center because it will create a structure that allows @maricopavote & @RecordersOffice to reach more people, faster, with factual information about how elections are run and how people can successfully participate. https://t.co/jTv7e7XsdI
Maricopa County Recorder Stephen Richer added that the county’s decision to establish an additional communications hub wasn’t an indictment of their recent management of the primary election, but rather a commitment to improvement.
“We ran a terrific primary election, but because of our ‘continuous improvement’ work ethic, we will have an incredible communications team assembled that will allow us to better respond to constituent concerns and combat misinformation during the General Election,” said Richer.
The Elections Command Center will be responsible for informing voters about deadlines and election processes, engaging with media, addressing mass-spread rumors and false information, and issuing updates on election results. Additionally, the command center officials will host live-streamed press conferences in the upcoming months.
The county implemented a similar command center in April 2020 to address the COVID-19 pandemic, the “Maricopa County Unified Command Center.”
Another unusual but busy day. Started with our Board of Supervisors meeting using our social distancing format. From there visited our Maricopa County Joint Information Command center for COVID-19. Very impressive coordinated effort to help minimize the impact of this virus. pic.twitter.com/Ar5RKf2HYl
The Maricopa County Elections Department will swap Sharpies for Pentel felt-tipped pens to ensure that the ink dries fast enough for tabulation machines to process in-person votes.
Wondering what type of pen to use on Election Day? Use the fast-drying felt-tip pens provided in the voting booths. Slow drying ink like ballpoint pens, can easily smear inside the ballot counting machine and cause delays at the polls. Learn more at https://t.co/clsyMr5dWD. pic.twitter.com/cTrCEWkAZk
— Maricopa County Elections Department (@MaricopaVote) July 27, 2022
Maricopa County Recorder Stephen Richer toldAZ Family this week that Sharpies don’t dry as quickly as Pentel pens.
“If you’re voting on Election Day, we need that pen to dry quickly because you’re going to feed it directly into the tabulation machine that is there at the voting location,” Richer said.
The county’s switch comes months ahead of the two-year anniversary of “SharpieGate,” a viral belief that grew out of local voter complaints in the 2020 election that Sharpies used at voting locations to fill out ballots caused tabulation machines to struggle processing their ballots.
In May, Richer shared with KTAR News that SharpieGate-related concerns among voters were another reason they ceased using Sharpies.
“It’s small but emblematic of what we’re trying to do here,” said Richer.
Yet in June, Maricopa County Board of Supervisors Vice Chairman Clint Hickman said in a since-deleted interview with AZ Family that Sharpies were the manufacturer-recommended tool because of their quick drying time.
“Sharpies are recommended by the manufacturer because they provide the fastest-drying ink. The offset columns on ballots ensure that any bleed-through will not impact your vote,” said Hickman.
In the weeks following 2020 voters’ concerns that Sharpie ink invalidated ballots, Maricopa County asserted that Sharpies didn’t compromise ballot integrity and were “the best option” for their tabulation equipment. They also claimed that Sharpies were the “fastest drying ink” that “doesn’t smudge.”
Thank you to the 168,000 thousand people who cast their ballot in person! Sharpie pens were used at polling locations because they are the best option for our new tabulation equipment. Rumors that ballots that use sharpies don't count are NOT TRUE. pic.twitter.com/csxMRYvx1h
— Maricopa County Recorder's Office (@RecordersOffice) November 3, 2020
The county added that the tabulation machine manufacturers recommended the use of Sharpies over other writing instruments.
Sharpie markers were available at each Vote Center through the early voting period & Election Day by recommendation of the tabulation equipment manufacturer. It's the preferred and stress tested method to mark a ballot. See the response to @GeneralBrnovichhttps://t.co/wKopolSaVPhttps://t.co/OgUj81T0Fu
— Maricopa County Recorder's Office (@RecordersOffice) November 6, 2020
Richer pleaded with voters to use the felt-tipped pens, saying that other pens — like ballpoint — might cause residue buildup in the tabulating machines.
We will give ALL voters a special pen at voting locations. PLEASE PLEASE use this pen.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) July 26, 2022
The changes prompted some within GOP leadership to openly balk county protocols. Arizona Republican Party Chairwoman Kelli Ward instructed her voters to use their own pens when voting.
Get out and vote. Don’t be bullied by poll workers. Use your own pen if you want. Vote for your choices. #SaveAmericahttps://t.co/DYEopB6HT4
State Representative and secretary of state candidate Shawnna Bolick (R-Phoenix) announced that she would be using her own pen to vote in person.
I will be taking my own blue or black ballpoint ink pen to the polls when I vote in person. The tabulation equipment will not read red ink or a highlighter properly according to a FAQ I read online. https://t.co/DFavAWN7PK
Bolick later shared that poll workers were giving her reports of the pens bleeding through the ballots. The county has assured voters repeatedly over the past two years that bleed-through doesn’t affect the machines’ ability to read ballots.
Wondering what type of pen to use on Election Day? Use the fast-drying felt-tip pens provided in the voting booths. Slow drying ink like ballpoint pens, can easily smear inside the ballot counting machine and cause delays at the polls. Learn more at https://t.co/clsyMr5dWD. pic.twitter.com/cTrCEWkAZk
— Maricopa County Elections Department (@MaricopaVote) July 27, 2022
In response, Richer said that naysayers of the new pens were attempting to disrupt the primary. He advised voters to comply with their election workers by using whatever pen they’re given.
“It’s a primary. What the heck do you think we get out of giving people a special pen other than a smooth functioning election?” asked Richer. “Do you think we’re just asking you to use the Pentel pen to be funny? Good lord people.”
🧵Just texted a friend who sent out a message that she will ignore instructions, not use the given pen, and will use a ballpoint blue pen.
Let's call it what it is. She's trying to disrupt the primary.
Just use the darn pen given to you on election day.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) July 27, 2022
Primary Election Day is next Tuesday, August 2. Maricopa County drop box and voting locations are available online, and ballot tracking is available here.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona Senate President Karen Fann (R-Prescott) accused Maricopa County’s top election officials of gaslighting Attorney General Mark Brnovich as part of an ongoing massive cover-up of their alleged mistakes in the 2020 election. She asserted that Brnovich was doing his job, even at the risk of facing media attacks that could undermine his senate campaign.
Fann noted that Recorder Stephen Richer had no reason to participate in the alleged cover-up because he didn’t assume his role until January 2021.
“It still goes beyond me that they are still denying the mistakes that happened,” said Fann. “[Richer] joined up with the board of supervisors to do this massive coverup. Mind you, they kept saying everything was fine and perfect. No it wasn’t.”
The senate president appeared on “The Conservative Circus” with host James T. Harris. She brought up past admissions by the county as evidence of a massive cover-up.
Fann gave one example of the county’s admission that one 2020 election poll worker double-counted 50 ballots. She said that although that amount didn’t seem like a lot in the context of a presidential election, it would’ve mattered in the 2016 primary election between Congressman Andy Biggs (R-AZ-05) and opponent Christine Jones. Their race necessitated a recount; Biggs ultimately won by 27 votes.
As an example of the county contradicting its claims on the nonexistence of widespread fraud, Fann cited Richer’s emails. She read aloud from one, in which Richer wrote of the existence of “plenty of instances of actual, prosecuted and convicted election law violations [from] both administrators and normal citizens,” some of which he asserted were recent.
Additionally, Fann revealed that Richer’s emails identified major issues with chain of custody and signature verification.
“But now? Nope. He’s part of the cover-up by saying, ‘Oh no, everything is fine,’” said Fann. “The Arizona Senate was the only body in the entire nation to step up and actually say, ‘Let’s get to the bottom of these rumors. Let’s get to the bottom of these allegations.’ The Senate has been attacked from day one — before the auditors were selected, before anything happened.”
AZ State Senate President Karen Fann discusses AZ AG Mark Brnovich claiming 200 ballots that have no chain of custo https://t.co/xKre6loBvI
Fann’s remarks on Thursday were in response to the actions of the Maricopa County election officials this week.
On Wednesday, the Maricopa County Board of Supervisors and Richer presented a unified front against Brnovich’s interim report on the 2020 election. The officials accused Brnovich of lying and using the election controversy to score “cheap political points.”
The Maricopa County Board of Supervisors and Recorder accused Attorney General Mark Brnovich of executing a dishonest investigation into the 2020 election. In a public letter, the election officials claimed that Brnovich’s interim report on the 2020 election released last month was nothing but misinformation intended to “score cheap political points.” Brnovich is a candidate in the upcoming U.S. Senate race.
“Rather than being truthful about what your office has learned about the election, you have omitted pertinent information, misrepresented facts, and cited distorted data to seed doubt about the conduct of elections in Maricopa County,” read the letter.
The election officials then refuted claims made by Brnovich: that up to 200,000 ballots lacked proper chain of custody, that Maricopa County didn’t cooperate fully with Brnovich’s investigation, that the county relied on artificial intelligence to execute signature verification, and that the number of rejected ballots were too low. They also challenged Brnovich on his decision to publish an unprecedented interim report, characterizing it as improper commentary on an ongoing investigation.
On Wednesday morning, the Maricopa County Board of Supervisors held a press conference during their special and formal meeting. Chairman Bill Gates said that Brnovich’s interim report was backing fraud and necessitated a response from the board.
“We’re all Republicans who actually have the statutory responsibility to run these elections, and we’re saying these allegations are false, that there’s no systemic fraud,” said Gates. “Our democracy is on the line here.”
On Wednesday afternoon, Maricopa County Recorder Stephen Richer reiterated one of the promises made in their letter: that the county would submit public records requests of all of the public records requests sent to the attorney general’s office for the last two years.
Richer explained that the goal of the massive undertaking was to see how many of those requests Brnovich’s office fulfilled. He accused Brnovich of living in a glass house.
The county is making a public records request of the Attorney General's Office for all public records requests the AG has received in the past two years and if and when those requests were fulfilled.
I'm going to bet somebody lives in a glass house.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) May 4, 2022
Brnovich called the county’s response “disappointing.” He accused Maricopa County officials of casting stones instead of working alongside his office to resolve election integrity concerns.
“The reality is we issued an interim report that identified several issues that need to be addressed,” said Brnovich.
Brnovich held that up to 200,000 ballots lacked proper chain of custody. Brnovich also challenged the supervisors’ office to offer a clear, consistent answer on signature verification processes, pointing out the range of times they estimated it took to verify a signature.
While many people are frustrated, the important thing to remember is that we should all want the same thing — fair elections that maintain accuracy and promote public confidence.
Here is my response to the special meeting from the Maricopa County Board of Supervisors. pic.twitter.com/6phLqURWXn
Richer called Brnovich’s statement “nonsense.” He said that Brnovich wasn’t being impartial about the 2020 election, referencing the attorney general’s interview with right-wing talk show host Steve Bannon.
lol. This is such nonsense. Show me where I brought up "ballot counting."
Also, pretty rich of you to say, "let's be civil," after you issue an interim report (which you know is a ridiculous thing) and insinuate the county broke the law.
