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The U.S. Telephone Consumer Protection Act prohibits automated calls or text messages to cell phones, unless the person being called or texted has consented to the contact.

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Michele Reagan's campaign accused of making illegal robocalls to voters' cell phones

Dustin Gardiner, Arizona Republic Published 6:20 p.m. MT Aug. 24, 2018 | Updated 6:53 p.m. MT Aug. 24, 2018

Arizona Secretary of State Michele Reagan's campaign has been accused of making illegal robocalls to Republican primary voters' cell phones this month.

The U.S. Telephone Consumer Protection Act prohibits automated calls or text messages to cell phones, unless the person being called or texted has consented to the contact.

Republican voters received a prerecorded call from Reagan's camp in mid-August. The call criticized businessman Steve Gaynor, her opponent in Tuesday's GOP primary.

A recording of the message, provided to The Arizona Republic by a Republican primary voter who received it on a cell phone, includes a statement that she authorized and paid for it.

Reagan said while she approved the call, she was unaware that any went to voters' cell phones and thus shouldn't be held responsible if that occurred.

She said she hired the Conservative Business League, a political consulting firm, to make calls for her. She said the company came up with its own call list, and isn't making calls for her anymore.

The Federal Communications Commission regulates automated calls. Violators who robocall cell phones without permission can be fined up to $1,500 per call.

It doesn't appear anyone has filed a complaint about the Conservative Business League's calls on behalf of Reagan.

Reagan: 'That's on them'

"I hired a company to do it," Reagan said. "If they're calling cell phones, that's on them. ... I sure as heck hope if they made a mistake, they are the one's responsible for it."

Her latest campaign-finance report states she paid the Conservative Business League $2,100 on July 20 and $575 on Aug. 7 for phone calls.

Ron Ludders, the company's director, declined to comment when reached by The Republic saying, "I don't do phone interviews."

He said he was unavailable to talk to a reporter in person.

On the robocall, Reagan accuses Gaynor of "telling lies about her," including that she caused long lines at the polls for Maricopa County voters in March 2016 and made it easier for "illegals" to vote.

Gaynor repeatedly criticized Reagan over lines at the polls and a legal agreement dealing with voter-registration procedures. She has said he's misrepresenting those issues.

Calls 'rude,' 'clear violation'

Brian Seitchik, Gaynor's political consultant, said while robocalls to landlines are an election-year norm, the calls from Reagan's campaign to cell phones are "both rude and a clear violation" of federal law.

"Secretary Reagan and her chief strategist Kyle Moyer are either guilty of ignorance of the law applicable to political campaigns or they are under the impression that they are above the rules other campaigns abide by," Seitchik said in a text message.

"I'm not sure which is more offensive."

Seitchik said he's not aware of anyone filing a complaint over the calls.

Moyer didn't immediately respond to a request for comment.

Polling suggests Gaynor has a strong lead over Reagan in the final days of the primary. He as poured more than $1.5 milllion of his own money into the race.

Whoever wins the primary will face Democratic candidate Katie Hobbs, the minority leader in the state Senate, in the Nov. 6 general election.

Hobbs, D-Phoenix, also criticized Reagan over the calls, saying Arizona needs a secretary "who's going to make sure that campaign-finance laws are enforced and that nobody, including themselves, is above the law."