List of 115 noncitizens found on Kansas voting rolls
| Submitted | April 7, 2017 |
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Communications
From: Joshua Eaton
To Whom It May Concern:
Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:
- The list of 115 noncitizens found on Kansas' voter rolls. Sec. Kris Kobach referenced this list during his Feb. 7, 2017, testimony before the Kansas Senate's Elections Committee (see http://bit.ly/2paArx9).
- The statistical analysis prepared for your office on Jan. 30, 2017, as an expert report. Sec. Kris Kobach referenced this list during his Feb. 7, 2017, testimony before the Kansas Senate's Elections Committee (see http://bit.ly/2paArx9).
This information is being sought on behalf of ThinkProgress.org, an online news site with a national audience, for dissemination to the general public, and this request is not being made for commercial purposes. I am a reporter with ThinkProgress seeking these documents entirely for news-gathering purposes.
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 filled electronically, by email attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Joshua Eaton
From: Kora [KSOS]
Dear Mr. Eaton:
This communication is a response to your request. The Office of the Kansas Secretary of State (hereinafter “Office”) has received your request. The Office is unable to immediately grant access to or disclose existing public records to which your request applies, if any, due to the number of requests the Office receives and because the Office must review every request to determine, among other things, whether the Kansas Open Records Act (hereinafter “KORA”) applies to the request. If your request applies to existing public records the disclosure of which KORA requires, the Office will process your request for fulfillment. However, KORA and/or other law may prohibit, restrict, or not require disclosure of the record(s) to which your request applies (if any).
The Office generally processes and fulfills requests within 15 business days from the date the Office determines a request seeks existing public records that are required to be disclosed. Less or more processing and fulfillment time may be needed depending on the scope of the request. The Office generally processes requests in the order in which they are received.
The Office may charge and require advance payment of a reasonable fee for providing access to or disclosing existing public records. The fee charged may be used to recoup the actual cost(s) incurred by the Office for, among other things, the staff time, computer services, and/or photocopying required to fulfill your request. The Office will notify you prior to processing your request if advance payment of a fee will be required.
Sincerely,
Jesse Burris
KORA Officer
Office of the Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
(785) 296-4564
-
~WRD000
From: Kora [KSOS]
Dear Mr. Eaton:
The request you transmitted to the Office of the Kansas Secretary of State (hereinafter “Office”) on April 07, 2017, is granted in part and denied in part.
Your request for “[t]he statistical analysis prepared for [this] [O]ffice on Jan. 30, 2017, as an expert report” is granted. Please see the attached file.
However, your request for “[t]he list of 115 noncitizens found on Kansas' voter rolls” is denied. The Kansas Open Records Act (“KORA”) does not require this Office “to disclose . . . [c]riminal investigation records[.]” K.S.A. § 45-221(a)(10). KORA also does not require this Office “to disclose . . . [p]ublic records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.” K.S.A. § 45-221(a)(30). Furthermore, U.S. Magistrate Judge James P. O’Hara’s protective order defines as confidential, and thus “protected from disclosure and use outside” Fish v. Kobach, “[i]nformation that is exempt from disclosure under the Kansas Open Records Act[.]” Protective Order at 2-3, Fish v. Kobach, No. 16-2105-JAR (D. Kan. Mar. 29, 2016) (Docket No. 55), available at https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2016cv2105-55.
Sincerely,
Jesse Burris
KORA Officer
Office of the Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
(785) 296-4564
