Election Defamation Lawsuit: Liability, Discovery, Settlement

Kari Lake settled the defamation lawsuit brought by Maricopa County Recorder Stephen Richer in November 2024 on confidential terms, ending a case in which she had already conceded liability for falsely accusing him of rigging the 2022 Arizona governor’s race. Representatives for both sides said the matter was “resolved to the satisfaction of both parties,” and no financial details were disclosed.¹

What Richer Sued Over

Richer filed suit on June 22, 2023, in Maricopa County Superior Court, case number CV2023-009417.² He named Lake, her husband Jeffrey Halperin, the Kari Lake for Governor Campaign, and the Save Arizona Fund as defendants. His lawyers came from Kramer Levin Naftalis & Frankel, the nonprofit Protect Democracy, and a local Arizona firm.³

The suit focused on statements Lake made at a January 2023 “Save Arizona Rally” and elsewhere after losing the governor’s race to Democrat Katie Hobbs by more than 17,000 votes. The complaint identified two central accusations: that Richer had “intentionally printed 19-inch images on 20-inch ballots to sabotage” the election, and that he had inserted 300,000 “illegal,” “invalid,” “phony,” or “bogus” early-vote ballots into the Maricopa County count.⁴ Courts and independent investigations had already determined the 2022 printer problems were technical, with no evidence of fraudulent ballot insertion.

Richer alleged that Lake’s false statements directly led to harassment and threats of violence against him and his wife, forcing them to spend thousands of dollars on home security. He sought compensatory and punitive damages, a public admission from Lake that her claims were false, and the removal of those claims from social media.⁵

How Lake Lost on Liability

Lake’s attorneys first tried to get the case thrown out. In December 2023, they argued her accusations amounted to “rhetorical hyperbole” protected by the First Amendment rather than statements of fact. Superior Court Judge Jay Adelman rejected that argument and ruled the statements were actionable defamation.⁶

Instead of defending the statements on the merits, Lake filed for a default judgment in March 2024. The move effectively conceded liability for defamation, including that she had acted with “actual malice.” On social media, Lake described the decision as a refusal to “legitimize this perversion of our legal system,” saying participation would “allow bad actors to interfere in our upcoming election.”⁷ Jennifer Windom, the Kramer Levin partner representing Richer, said “there is no First Amendment right to knowingly or recklessly spread false information about someone” and that the defendants had “tacitly admitted that they have no legal defense for their actions.”³

Even after the default, Lake continued making public statements on conservative podcasts and radio that contradicted the court’s findings.¹

The Discovery Fight Before Settlement

With liability settled, the case turned to how much Lake owed. That damages phase ran into a protracted dispute over documents. In August 2024, Judge Randall Warner ordered Lake and Halperin to produce records they had resisted turning over, including communications about the defamatory posts, media coverage analyses, donation solicitations tied to the false claims, and financial records relevant to punitive damages. Warner noted the defense had “repeatedly” raised “unwarranted objections” rather than complying.⁸

At an October 21, 2024, hearing, Lake’s attorney Tyler Swensen told the court that campaign emails had been “purged” when the gubernatorial campaign’s email accounts were restarted for her Senate run. Swensen argued the campaign had dissolved nearly a year before the lawsuit was filed, so there was no obligation to preserve the records. Reporting by the Arizona Mirror found that timeline did not match the record: campaign finance filings showed the Kari Lake for Arizona campaign kept spending money through December 31, 2023, and filed its final report on January 12, 2024, both after the June 2023 lawsuit.⁹ Judge Warner expressed dissatisfaction with the defense’s reliance on “understanding and belief” rather than concrete facts about how or when the emails had been destroyed.

On November 11, 2024, Halperin filed his own motion to dismiss, accusing Richer of destroying evidence by temporarily deleting his X account on election night. Richer reactivated the account after the motion was filed. Halperin’s motion also argued that Richer could not tie his reputational harm to the defendants, claiming his standing with voters had already declined before the 2022 election.¹⁰

The Settlement

The deal came together just days before a court-imposed November 22, 2024, deadline for Lake to provide a sworn statement about the purged emails.¹ A Maricopa County Superior Court filing recorded an “agreed upon settlement disposition” by all parties.¹¹

Lake’s attorney Dennis Wilenchik said, “We are pleased” with the resolution but confirmed the terms were confidential. Richer told the Washington Post that “both sides are satisfied with the result.”⁵ No dollar figure, apology, or retraction was made public as part of the settlement, and the specific obligations each side accepted have not been disclosed.

Where Things Stand Now

Lake lost her 2024 U.S. Senate race in Arizona to Democrat Ruben Gallego by about 80,000 votes.¹²¹³¹⁴

Richer lost his reelection bid in the July 2024 Republican primary to state Representative Justin Heap, who campaigned on a pledge to “secure our elections.”¹⁵ After leaving office, he joined Harvard Kennedy School’s Ash Center as a Senior Practice Fellow in American Democracy, took a role as a legal scholar at the Cato Institute, and became a weekly columnist for the Arizona Republic. During his time as recorder he was named “Arizonan of the Year” by the Arizona Republic and a “Democracy Defender” by Time Magazine in 2024.¹⁶

1
Arizona Mirror. Kari Lake Settles Defamation Suit With Maricopa County Recorder Stephen Richer
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Protect Democracy. Stephen Richer v. Kari Lake Et Al.
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Protect Democracy. Kari Lake and Other Defendants Capitulate in Richer Defamation Suit
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Votebeat. Kari Lake Defamation Case Maricopa County Recorder Stephen Richer
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KTAR. Defamation Lawsuit Kari Lake Settlement
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Protect Democracy. Richer Lake Lawsuit MTD Decision
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NBC News. Stephen Richer Defamation Case Kari Lake Settled
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Sierra Vista Herald. Kari Lake Stalls Discovery in Defamation Suit
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Arizona Mirror. Kari Lake Claims Email Evidence in Defamation Case Was Purged Her Story Doesn’t Add Up
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News from the States. Kari Lake Came Close to Conceding Her Senate Loss Her Husband Aims to Dismiss Defamation Case
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The Hill. Kari Lake Settles Election Defamation Lawsuit
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Arizona Public Media. This Time Under Oath Kari Lake Refuses to Concede Losses in Elections for Governor and Senate in Arizona
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NPR. U.S. Judge Kari Lake Broke Law Voice of America
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KOLD. Kari Lake Nomination Faces Questions Over Billboard Awards Claim
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Votebeat. County Recorder Republican Candidates Campaign Election Distrust Maricopa Justin Heap
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Harvard Kennedy School Ash Center. The Cost of Truth Stephen Richer on Standing Up for Democracy