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Saturday, November 2, 2024

Wright on censorship by Maricopa County Recorder Richer: 'The First Amendment is a thorn in his side. That’s a quote from him.'

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Maricopa County Recorder Steven Richer (pictured left) and Jen Wright, a private practice elections attorney | Maricopa County Recorder's Office | Jen Wright (X, Formerly Twitter)

Maricopa County Recorder Steven Richer (pictured left) and Jen Wright, a private practice elections attorney | Maricopa County Recorder's Office | Jen Wright (X, Formerly Twitter)

Maricopa County Recorder Steven Richer has been outed for working with Democrat aligned "disinformation" groups to monitor and suppress speech related to election integrity.  

Emails obtained by The Federalist indicate that Richer sought guidance from the States United Democracy Center and the Institute for Strategic Dialogue (ISD), a UK-based group funded by the U.S. State Department, in a bid to target speech not aligned with government narratives. 

Richer’s correspondence as revealed by The Federalist expressed gratitude for States United’s offer to assist in "deep scanning" the internet for disinformation, a term often used to justify censorship. 


Bo Dul is general counsel for Gov. Katie Hobbs. She was formerly Senior Counsel at the States United Democracy Center. | X / Bo Dul

Critics have accused States United in particular of undermining election integrity laws and supporting partisan efforts against former President Donald Trump. 

As Maricopa County navigates ongoing debates over election security and free speech, Richer’s alliances and actions have sparked public outcry. 

Jen Wright, a private practice elections attorney and former assistant attorney general for the Elections Integrity Unit, highlighted Richer’s apparent disdain for the First Amendment. 

“The First Amendment is a thorn in his side. That’s a quote from him,” Wright told the PHX Reporter. 

Indeed, Richer has expressed concerns that “lies and disinformation” are threatening the electoral system.

While Richer has claimed to be a "huge fan of the Constitution," he drafted a speech to be given at Maricopa Community Colleges noting he feels “the Constitution today is in some ways a thorn in the side of my office. Specifically the First Amendment.” 

Despite reports of Richer's frustration with the First Amendment, his office said the Recorder supports freedom of speech. 

“The Maricopa County Recorder’s Office is an administrative office that continues to follow the letter of the law when it comes to election administration,” a public information officer with Maricopa County told the PHX Reporter. “Under Recorder Stephen Richer, our office has made it a priority to correct inaccurate information and provide constituents with reliable resources and facts.” 

“Without a shadow of doubt, the Recorder supports freedom of speech. However, when rhetoric turns to threats or is wholly inaccurate, our office will address the inaccuracies. Most often, we will reach out to those who post this misinformation, and when they are unwilling to make corrections, work with media outlets to ensure correct information is provided to the community at large.” 

Richer’s office did not answer key questions regarding its controversial actions and partnerships with groups such as the States United Democracy Center and the Institute for Strategic Dialogue. 

Specifically, inquiries regarding the rationale behind collaborating with organizations perceived as censorship advocates remain unanswered, particularly in light of growing concerns about free speech. 

Additionally, questions surrounding the criteria used for classifying speech as disinformation—alongside assurances that this process respects First Amendment rights—have not been addressed. Richer’s approach has raised alarms among free speech advocates, particularly as he appears to be utilizing his office to stifle dissenting opinions.

In one striking incident, Richer suggested that Arizona State University consider terminating Faculty Associate Aaron Ludwig over his retweets expressing concerns about the election process. 

Richer claimed Ludwig’s online activity encouraged harassment of election officials, labeling him a “purveyor of election disinformation.” 

Ludwig, who was unaware of Richer’s communications until they were disclosed through a public records request, argues that such actions infringe on First Amendment rights.

Richer’s office has also refrained from commenting on the suggestion to terminate Ludwig based on his retweets, leaving allegations of an attempt to stifle dissent unclarified. 

Regarding the controversy, Wright discussed Richer’s use of resources to target perceived “disinformation.” 

“I could be wrong in the numbers, but if I recall correctly, there are about 6 to 12 individuals hired full-time whose job is to monitor what they call disinformation,” she said. “They seek validation from third-party sources to make their statements sound credible, but those validators also try to invalidate other voices.”

Wright shared her personal experience of being targeted.

“Just today, I tweeted something, and Garrett Archer, who has a consistent pattern of trying to invalidate my statements, claimed I was inaccurate,” she said. “He misread what I wrote and got the location wrong, but he still felt the need to come in and say my comments were incorrect. It’s concerning that there seems to be a coordinated effort to undermine legitimate criticism.”

Archer is a data analyst at ABC15 in Phoenix. 

Wright’s remarks raise questions about the relationship between Richer’s office and local media. 

“It’s insane that they appear to have a hand-in-glove relationship with many media outlets in order to cover up their failings,” she said. “This creates a dangerous environment where transparency and accountability are compromised.”

Richer, who lost a Republican primary bid earlier this year, has become a focal point in the larger conversation about election integrity and free speech, prompting calls for greater transparency and accountability from elected officials.

This sentiment has alarmed many free speech advocates who worry about the implications of such a perspective in a democratic society.

A significant aspect of the controversy revolves around the States United Democracy Center which has close ties to the state’s Democrat Party apparatus. 

“I know that States United represented various individuals in a variety of different cases,” Wright noted. “For instance, they represented Katie Hobbs when she was Secretary of State, which exemplifies their partisan alignment. Their purpose is to dissuade efforts to create a more secure voting system.”

Wright specifically mentioned Bo Dul, a former attorney associated with States United, who now works in Governor Hobbs' office. 

“Bo Dul used to work for Perkins Coie and was the DNC attorney on many cases before becoming the elections director under Hobbs in 2018 or 2019,” Wright said. “She went to work for the States United Democracy Center and has since returned to a role within Hobbs’ administration. This relationship illustrates the cozy ties between these organizations and current state leadership.”

Dul was named general counsel in 2023 by Hobbs, whose office noted at the time that Dul had previously served as Senior Counsel at the States United Democracy Center and as the State Elections Director and General Counsel in the Arizona Secretary of State’s Office.

Dul recently praised Richer's office in a post on X. 

"Love getting these text updates! Thank you to all the dedicated election officials at @RecordersOffice, @MaricopaVote, and across the State making democracy work right now," Dul said on X. 

As the fallout from Richer’s actions continues, Wright pointed to the broader implications of these collaborations. 

“We need leadership that prioritizes the integrity of our elections and fosters public confidence,” she said. “It’s essential for our democracy that we address these issues openly and honestly.”

Heather Honey, CEO of Verity Votes and executive director of the Election Research Institute, has voiced her concerns about Richer's actions and their implications for democracy.

“They partnered with outside organizations to determine what was disinformation and what was real,” Honey said.

“It’s sort of typical Maricopa County. I mean, Stephen Richer has said some interesting things in interviews,” she said. 

Honey pointed out that Richer’s involvement in the social media landscape reflects a troubling trend. 

“It sure seemed when he did those interviews that he spent an awful lot of time himself on social media, personally replying to anything that was critical. It’s almost as if he equates disinformation with criticism.”

Now that Richer will be leaving office in the next few months, Honey said the “disinformation” apparatus he oversaw is being transferred to the Maricopa County Board of Supervisors. 

“He was so wrapped up in it. So now to transfer that responsibility to outside organizations seems suspicious, especially as he’s about to leave office,” Honey said. “He operated this ‘disinformation command center’ for years, and now, just before his departure, he’s passing it off to the Board of Supervisors. Why now? Is it because he anticipates that Justin Heap might win and potentially shut it down?”

Heap, a member of the Arizona House of Representatives, won the Republican primary for Maricopa County Recorder on July 30, 2024, defeating incumbent Stephen Richer and Donald Hiatt with 42.5% of the vote.

Honey emphasized the implications of this timing. 

“The reality is that he operated it for years and was heavily involved in responding to disinformation,” she said.  “Now, he’s sort of washing his hands of it. I think it’s a fair question to ask why he didn’t make this transfer sooner if he believed it was so vital.”

Honey pointed to Richer’s targeting of Ludwig, the ASU faculty member he accused of “disinformation.”  

“He tried to get him fired. It’s ruthless, and what Ludwig posted was like nothing—certainly not a fireable offense, as far as I can tell,” she said. 

Critics such as Honey have expressed alarm over what they see as a potential infringement on free speech. 

“Richer’s correspondence reflects a troubling willingness to collaborate with groups that some accuse of undermining election integrity laws,” Honey stated.

With tensions mounting, Honey said Richer has turned his back on past statements regarding election integrity. 

“He started on an election integrity platform, and now his actions seem to contradict that commitment,” Honey said. “It raises significant questions about how he views dissent and criticism in a democratic society.”

The controversy surrounding Richer and his tactics has ignited a broader debate about the balance between addressing misinformation and upholding the principles of free speech. 

“As we move forward, it’s crucial to have these discussions openly, ensuring that the integrity of our elections does not come at the cost of stifling legitimate discourse,” Honey said. 

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