The original post was made in a telegram group with 6 administrators who post a majority of the content. While I infrequently post there, I do sometimes forward posts. I apologize that I should have looked more closely to make sure it was not just a list of names before forwarding in response to a posted question on the vote. I deleted my forward and requested an admin delete the original post, which they did. Just a reminder that the emails or forward to emails are publicly posted on the MCRC web site of the executive board and the district chairmen. The statute mentioned in the cease and desist is for cyberstalking, harassing and bullying. Simply publishing an email or phone number, (particularly of elected public officials that have this information publicly available on the recorder and Maricopa web sites) is not incitement or pursuit of either of those and in this case unwarranted and taken completely out of context.
Below is my response to a recent cease and desist:
On Mon, Aug 8, 2022 at 9:44 PM:
Ken,
Thank you for your email. I have deleted that post.
Sorry, I should have looked more closely to make sure it was not just a list of names before forwarding in response to a posted question on the vote.
Sincerely,
Brian Ference
And the original email:
——- Original Message ——-
On Monday, August 8th, 2022 at 6:26 PM, Ken Sampson wrote:
Good evening Brian,
I have received a copy of an apparent social media post (attached), made either from you or forwarded on your behalf, which contains the personal and private information of members of the Maricopa County Republican Party Executive Board and Maricopa County Republican Legislative District Chairmen. This information contains the name, email address, and phone numbers of members who voted against the censure of Steven Richer occuring at the MCRC ECG meeting August 4th, 2022. It is clear that the individuals listed in this post are acting contrary to your personal political beliefs, and the disclosure of their private information is an attempt to elicit third parties to contact these members directly and express similar opinions.
Please be advised that this conduct appears to violate ARS 3-2916; Use of an electronic communication to terrify, intimidate, threaten or harass. More specifically:
A. It is unlawful for a person to knowingly terrify, intimidate, threaten or harass a specific person or persons by doing any of the following:
4. Without the person’s consent and for the purpose of imminently causing the person unwanted physical contact, injury or harassment by a third party, use an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading the person’s personal identifying information, including a digital image of the person, and the use does in fact incite or produce that unwanted physical contact, injury or harassment.
Although it is unclear whether the publication of these individual’s information has led to the production of harassment per se, any unsolicited contact relating to this or similar postings to the listed individuals will violate the law. As a member of the MCRC Executive Committee you have potentially incurred liability on behalf of the Republican Party and opened yourself to criminal prosecution.
On behalf of the MCRC and the Maricopa County Republican Party, you are hereby ordered to CEASE AND DESIST the publication of personal information concerning members of the party without their consent, and immediately remove any personally identifiable or private information of these members from your social media and personal web page(s). Failure to do so will open you to potential litigation and accelerate what appears to be an imminent investigation by law enforcement.
During this election season emotions will inevitably run high, however, inciting harassment and disclosing personal information is against the best practices of the Republican Party and the criminal justice system. As a Member-At-Large of the Maricopa County Executive Committee, you have a duty to conduct yourself in a manner consistent with our conservative values and the laws of Arizona.
Sincerely,
Kenneth Sampson, Esq.
MCRC General Counsel
Looks to me like Ken is doing the bullying in this situation. We the people have the right to know how our members are voting!
We support you Brian and we thank you for your hard work.