Crosscheck - Illinois
| Submitted | Dec. 28, 2017 |
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Communications
From: Dell Cameron
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to 11), I hereby request the following records:
1) All records and communications within the Division of Voting and Registration Systems — including, but not limited to, communications to and from Director Thomas Kyle (KThomas@elections.il.gov) — related to the Interstate Voter Registration Crosscheck Program (“Crosscheck”).
2) All communications between the Division of Voting and Registration Systems and the following Kansas and Arkansas state officials:
(a) Bryan Caskey (Bryan.Caskey@ks.gov)
(b) Jameson Beckner (Jameson.Beckner@ks.gov)
(c) Bruce Ferguson (Bruce.Ferguson@ks.gov)
(d) Vipin Nischal (vipin.nischal@sos.arkansas.gov)
(e) Cecil Davis (cecil.davis@sos.arkansas.gov)
Please provide all responsive records from December 1, 2017, through the date your search begins. The search for responsive records should include all individuals and locations where records are likely to exist.
Furthermore, I seek all responsive records regardless of format, medium, or physical characteristics. In conducting your search, please understand the term “communications” or “records” in the broadest sense, to include any written, typed, recorded, graphic, printed, or audio material of any kind. I seek records of any kind, including electronic records, audiotapes, videotapes, and photographs, as well as letters, emails, facsimiles, telephone messages, voice mail messages and transcripts, notes, or minutes of any meetings, telephone conversations or discussions. My request includes any attachments to these records.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
As I am filing this request as a member of the news media, I would like to request that any fees associated with the search, review, and duplication of this request be waived. I am a staff reporter of Gizmodo Media Group, a news organization founded in 2002, which services approximately 40 million readers per month. As a news organization, we gather information of potential interest to a segment of the public, use our editorial skills to turn the raw material into distinct work and distribute that work to the public, free of charge.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filed electronically, by e-mail attachment if available or CD-ROM if not. If you are able to send responsive records by email, you may send them to dell@gizmodo.com.
I certify to be true and correct to the best of my knowledge and belief all of the above.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Dell Cameron
From: Illinois State Board of Elections
Mr. Cameron,
I am writing in response to your public records requests (below) pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., dated December 28, 2017 and received electronically in the State Board of Elections' Springfield office on the same date.
Please be advised that pursuant to Section 140/3(e) of the Act, the State Board of Elections is extending its time for response until January 12, 2018, from today's original due date. The reason for taking the extension is:
(1) The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they (or portions of the same) are exempt from disclosure under Section 7 of the Freedom of Information Act or should be revealed only with appropriate deletions, 5 ILCS 140/3(e)(v).
I expect to have a complete response to you no later than the extended response date of January 12, 2018.
Best,
Heather V. Kimmons
Deputy General Counsel, FOIA Officer
Illinois State Board of Elections
2329 S. MacArthur Blvd.
Springfield, IL 62708-4187
(217) 782-4141
From: Dell Cameron
Thank you, Heather. I appreciate you reaching out. Have a good weekend.
From: Illinois State Board of Elections
Mr. Cameron,
Attached please find records responsive to your FOIA request below. The following classifications of information contained within the responsive documents have been redacted:
• Section 7(1)(b), Private information not required to be disclosed by another provision of the Act, a State or federal law or a court order.
• Section 7(1)(c), Personal information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. 5 ILCS 140/7
Two documents, Mr. Thomas' personal notes from a telephone conference and the attachment to the December 5, 2017 email which is included in this response, are being withheld from public release, as they are exempt under the following sections of the Illinois Freedom of Information Act:
• Section 7(1)(f), Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, and which have not been publicly cited and/or identified by the head of the public body
• Section 7(1)(o), Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and all other information that, if disclosed, would jeopardize the security of the system or its data or the security of its materials. 5 ILCS 140/7
Please be advised that you have a right to have any denial or partial denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). You may file your Request for Review with the PAC by writing to:
Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Fax: 217-782-1396
E-mail: publicaccess@atg.state.il.us
You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11.
If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC.
This response will close your FOIA request to the Illinois State Board of Elections.
Best,
Heather V. Kimmons
Deputy General Counsel
Illinois State Board of Elections
2329 S. MacArthur Blvd.
Springfield, IL 62708-4187
(217) 782-4141
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