Complaint sent to AG’s office claims recorder violated statutes

A complaint sent to Attorney General Mark Brnovich’s office alleges Maricopa County Recorder Stephen Richer violated two Arizona statutes outlawing the use of public money to influence a campaign.

A now deleted letter from the Arizona Association of County Recorders opposing Proposition 309, an initiative pushing for heightened voter identification requirements, was published on the Maricopa County Recorder’s website on Oct. 10.

Tim La Sota, the attorney who brought the letter to the Attorney General’s attention, said its publication on the recorder’s website violates laws barring a county or public agency from using its resources to influence an election.

“It’s on the website,” La Sota said. “It’s right on the website.”

The provisions specifically cite web pages as a prohibited resource.
Richer responded to the letter at an elections press conference today. He stood by his stance on 309 but took full responsibility for the misstep and said it was, “not appropriate for the county website.” The letter has since been taken down.

“He’s welcome to file a complaint, but I believe this has already been resolved,” Richer said.
Proposition 309 would require voters to write their birthdate, government-issued ID number and a signature on an early ballot and would require a photo ID to vote in person.

The letter from the AZRA opposes the proposition saying it “addresses a non-existent problem,” and “will likely disenfranchise thousands of voters.” Other concerns expressed included imposing new burdens on voters, delaying tabulation results and jeopardizing voter data privacy.

All 15 county recorders’ names are listed along the side. The letter is signed, “The People Responsible for Early Voting in Arizona” and “Arizona Association of County Recorders.”
Richer stood by the contents of the letter and noted the Arizona Association of County Recorders has weighed in on legislation in previous sessions.

“Public policy should be driven not by politics, not by fear mongering, but by what’s good for the system,” Richer said. “We believe, as a county recorders association, that that is a solution in search of a problem.”

Richer said the proposition could significantly delay the tabulation process. The recorder’s office estimates implementing further voter ID requirements would make the tabulation process four times longer than it is currently.

La Sota’s letter, which he sent on Wednesday, takes issue with Richer in particular. He writes, “This website is not at Mr. Richer’s disposal to use as a campaign website for his favored political cause.”

La Sota first noticed the letter on Tuesday. Publication data indicates the letter was posted Monday afternoon by an employee at the recorder’s office during working hours, which La Sota called “a no-no.”

“Bottom line is we got to put a stop to this type of electioneering,” La Sota said. “It does not instill a ton of confidence when this clear dictate isn’t followed.”

The Attorney General’s Office has not responded to requests for comment on whether it has decided to move forward with the information provided by La Sota.

Legal complaints continue to shroud the start of the 2022 general election. Two separate lawsuits both filed by the Republican National Committee and the Arizona Republican Party took aim at elections officials earlier this month.

The lawsuits have not severely obstructed the start of the general election, according to Chairman of the Board of Supervisors Bill Gates. Voting began yesterday as early ballots were sent out across the state.

Gates said there was “no question” that election officials across the country have been fielding higher volumes of public records requests and lawsuits this election and noted the strain on elections departments.

“They think they’re going to distract us from the important work,” Gates said. “They aren’t going to.”