AZ Rep. David Schweikert, allies settle lawsuits over ads implying former opponent was gay

Rep. David Schweikert and his campaign allies have settled a flurry of litigation over campaign materials that appear to imply Schweikert’s 2022 Republican primary opponent is gay.

The agreements conclude the legal fallout from a bruising campaign in which people associated with Schweikert’s reelection effort had suggested in ads and online taunts that his then-challenger, Elijah Norton, is gay and unsuited for office.

The campaign had circulated a mailer depicting Norton posing for a photo with another man, captioned, “Elijah Norton Isn’t Being Straight With You.” An outside group supporting Schweikert posted barbs about Norton’s sexuality online.

Jonathan Huey, the political consultant who spread the online claims, acknowledged the claims were false as part of a $50,000 settlement, according to his statement dated Monday.

“These lies were not based on any facts and were merely an attempt to cast doubt on Mr. Norton’s reputation. I now realize they were totally out of bounds for any political campaign,” Huey’s statement reads.

Huey testified that he was behind an anonymous social media account that directed crass sexual taunts at Norton. In fact, he had no idea what Norton’s sexuality was, Huey confirmed under oath.

“What Jon Huey did during the campaign was despicable and disgusting. I sued him because no one should ever face having patently false allegations about their personal lives and business circulated in the media,” Norton said in a written statement.

“I am settling this case to move on, but with a $50K judgment, I believe justice was served and hopefully this will deter anyone else from engaging in such behavior in any other future political race.”

Norton and the man he was pictured with both sued over the campaign tactics. The company that owned the photo also sued Schweikert’s campaign for copyright infringement.

Reached for comment, Chris Baker, an aide to Schweikert, wrote that the campaign last year had “amicably concluded” litigation that arose from the 2022 primary.

It was not the first time Schweikert’s campaign faced allegations of using sexual dog whistles. In 2012, Schweikert’s campaign sent a mailer saying that his primary opponent, then-Rep. Ben Quayle, R-Ariz., “goes both ways,” a phrase Quayle at the time said was a sleazy insinuation that he is bisexual.

In 2014, Schweikert faced similar criticism after an email to supporters joked that "Politics Is Not For 'Pansies,’” an anti-gay slur, as part of an invitation to a “garden party” fundraiser.

During the 2022 race, Norton's team locked in on Schweikert's 2020 House ethics violations for misspending by his office and campaign to portray him as a corrupt, career politician. The Schweikert campaign cast Norton as a drunk whose vehicle-warranty business has irritated and fleeced the poor.

CarGuard Administration, the vehicle-warranty company founded by Norton, also sued Schweikert over disparaging comments about the business.

Schweikert's legal fees stand out from his colleagues

Schweikert’s campaign has paid at least $1.4 million in legal fees since 2018, the highest such figure among House members in that span, records show. That includes $132,000 of legal expenses in 2023.

Schweikert’s legal expenses stand apart from those of every House campaign in Congress since 2017.

Since 2017, about 18% of Schweikert’s campaign total receipts have gone to covering legal expenses, according to financial records.

By comparison, the next highest amount of legal expenses in that period was $1.2 million for the campaign of Rep. Henry Cuellar, D-Texas. Almost half his legal expenses in that time frame came last year.

The FBI reportedly raided Cuellar’s offices in early 2022 in connection with a probe of Azerbaijani oil interests.

Rep. Nancy Pelosi, D-Calif., is the only other House member whose campaign has spent more than $1 million on legal expenses since 2018. But the former House speaker’s legal fees are a much smaller fraction of her campaign fundraising.

Cuellar spent about 11% of his funds on legal matters, and Pelosi spent less than 2%. Former House Speaker Kevin McCarthy, R-Calif., had the fourth-highest legal expenses which accounted for 1% of his campaign funds.

While Schweikert’s campaign topped $1.4 million in legal-related expenses, since 2017 the typical House campaign spent less than $7,000 that way. His legal spending was nearly double the rest of Arizona’s House delegation combined.

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This article originally appeared on Arizona Republic: David Schweikert campaign to pay for consultant's lie about opponent