Maricopa County Recorder Stephen Richer is suing former Republican candidate for governor Kari Lake, her campaign, and the Save Arizona Fund for defamation.
Lake accused Richer of sabotaging the election and manipulating the ballot count.
However, Maricopa County Superior Court Judge Jay Adleman ruled that Lake’s statement about Richer may be true or false based on available evidence. Adleman further noted that the assertions of fact made by Lake are actionable under Arizona law, indicating that Lake will have to prove her claims’ veracity in court.
According to the ruling, Richer’s lawyers have enough evidence to show that Lake and her campaign acted with “actual malice.”
Under US law, public figures like Richer can sue for defamation only if they can prove by clear and convincing evidence that the statements were made with actual malice.
Lake now has the burden of backing up her allegations in court. Despite Lake’s efforts to overturn her loss to Democrat Katie Hobbs by more than 17,000 votes, she has been unable to provide adequate evidence to support her claims.
Lake’s accusations against Richer stem from the problems on Election Day in Maricopa County. Specifically, the use of vote centers and the printing of 20-inch ballots on 19-inch paper caused issues with tabulation and created long lines. Lake charged that Richer and others deliberately caused these problems to benefit Republicans and contribute to her loss. However, the exact number of printers that spat 19-inch paper is under dispute.
The inability to read the 19-inch ballots by the tabulators created long lines and discouraged some from voting.
Richer says his family has faced endless and vile threats and harassment, leading him and his wife to spend thousands of dollars on additional security features at their home. He stated that this case is about the rule of law and that no one should be above it. Richer is happy that he will get to present his side of the story to a jury.
