Stop Voter Fraud hotline calls and incident reports

Joshua Eaton filed this request with the kansas secretary of state of Kansas.
Status
Rejected

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 spread sheet or database of calls to the Stop Voter Fraud hotline (800-262-8683) from Jan. 1, 2011, to the date your office processes this request
- All Stop Voter Fraud Incident Reports (http://www.kssos.org/elections/voterfraud/collectdata.aspx) received either online or by mail from Jan. 1, 2011, to the date your office processes this request

The requested documents will be made available to the general public, and this request is not being made for commercial 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 an initial 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

From: Kora [KSOS]

Dear Mr. Eaton:

This communication is a response to the request you transmitted to the Office of the Kansas Secretary of State (hereinafter “Office”) on April 17, 2017 (your “Request,” as provided below with emphasis added).

This Office has no record(s) to which the first part of your Request apply(ies).

With respect to the second part of your Request, this Office “may prescribe reasonable fees for providing access to or furnishing copies of public records[.]” K.S.A. § 45-219(c). This Office “may charge and require advance payment of” such fees. K.S.A. § 45-218(f).

This Office charges $38.00 per hour for staff IT time, $35.00 per hour for staff attorney time, and $18.00 per hour for the time of all remaining staff persons. Your request will require 1 regular staff person to allot approximately 1 hour of time to execute a search in accordance with your request. Your current fee for this search is $18.00 (1 x 1 x $18.00). 1 staff attorney will thereafter need approximately 3 hours of time to review any existing public record(s) located (if any). Your current fee for staff attorney review is $105.00 (1 x 3 x $35.00).

Your current total fee is $123.00 ($18.00 + $105.00).

This Office will charge additional reasonable fees if more time is needed to either execute a search in accordance with your request or review any records located (if any) as a result of that search. If additional time is needed, this Office will suspend processing your request, notify you that an Office staff person (or persons) need(s) additional time, and communicate the additional fee(s) to be charged. This Office will not resume processing your request until it receives payment of any (or all) additional fee(s).

If you wish this Office to execute a search in accordance with your request, send this Office by U.S. mail a letter in which you approve the current total fee(s) stated above. You may alternatively e-mail this Office at Kora@ks.gov<mailto:Kora@ks.gov> to approve the current total fee(s). Please be sure to clearly and adequately identify yourself in either case. Your correspondence must be accompanied by payment of the current total fee(s). Enclose with an approval letter either a check or money order payable to the “Office of the Kansas Secretary of State” in the amount of the current total fee(s). You may issue multiple checks or money orders payable in lesser amounts as long as the sums thereof total the current total fee(s). You may also telephone this Office to pay the current total fee(s) by Visa, MasterCard, American Express, or Discover credit card.

This Office estimates that your request can be fully processed within 30 business day(s). However, this Office will not execute a search in accordance with your request until you act in accordance with the above instructions and pay the current total fee(s) stated above.

If you do not respond to this communication within thirty (30) days from the date of this communication, this Office will assume that you have withdrawn your request.

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

From: Taliaferro, Desiree [KSOS]

Mr. Eaton,

I am following up on some pending KORA requests. Mr. Burris is no longer with the agency. The last communication the office has noted in your file is attached. Please let me know if you wish to proceed with your request to the extent the letter reflects the Secretary of State’s office will need to receive a payment before moving forward with part of your request.

Please let me know how you would like to proceed. If we do not hear back from you within 30 days the Secretary of State’s office will consider your request closed.

DESIREE TALIAFERRO
Chief Administrative Officer
Phone: 785-296-2034
Kansas Secretary of State

From: Joshua Eaton

Dear Ms. Taliaferro,

Thank you for following up, and my apologies for the painfully slow response. I definitely want to proceed with this request. I just left a message on your voicemail with my cell number. If you call it, I can pay via credit card over the phone.

Best,
Joshua

From: Taliaferro, Desiree [KSOS]

I have left the office for today. I will call you tomorrow. Thanks.

DESIREE TALIAFERRO
Chief Administrative Officer
Phone: 785-296-2034
Kansas Secretary of State

From: Joshua Eaton

Dear Ms. Taliaferro,

Thank you for following up, and my apologies for the painfully slow response. I definitely want to proceed with this request. I just left a message on your voicemail with my cell number. If you call it, I can pay via credit card over the phone.

Best,
Joshua

From: Taliaferro, Desiree [KSOS]

You need to email kora@sos.ks.gov<mailto:kora@sos.ks.gov>. I don't handle open record requests. Thank you.
Sent from my iPhone

From: Joshua Eaton

Dear Ms. Taliaferro,

When you emailed me on June 20 , 2017, you said, "Please let me know if you wish to proceed with your request to the extent the letter reflects the Secretary of State’s office will need to receive a payment before moving forward with part of your request." I responded that same day that I would like to proceed and said I would be happy to pay by credit card over the phone. I also left you a voicemail message.

I have not received any substantive response from you since then, despite several follow-up messages. Now you say that you do not handle open records requests and I should contact a different office. Can you please give me the direct email address and phone number for the person who can accept my payment and provide me with these responsive records?

Thank you for your time and help.

Sincerely,
Joshua Eaton

From: MuckRock

To Whom It May Concern:

Pursuant to the Kansas Open Records Act (K.S.A. 45-215), I hereby request the following records:

- The spread sheet or database of calls to the Stop Voter Fraud hotline (800-262-8683) from Jan. 1, 2011, to the date your office processes this request
- All Stop Voter Fraud Incident Reports (http://www.kssos.org/elections/voterfraud/collectdata.aspx) received either online or by mail from Jan. 1, 2011, to the date your office processes this request

The requested documents will be made available to the general public, and this request is not being made for commercial 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: Becker, Sue [KSOS]

We are in receipt of 7 identical emails from you that are being sent automatically to the Secretary of State's office to the email address of desiree.taliaferro@ks.gov<mailto:desiree.taliaferro@ks.gov>. Please be advised that these are now considered spam and will be automatically deleted by the server. KORA requests must be sent to kora@ks.gov<mailto:kora@ks.gov>. No further responses will be sent to you concerning these spam emails.

Sue Becker | Senior Counsel
Kansas Secretary of State | 785-296-3483 P | 785-368-8032 F | www.sos.ks.gov<http://www.sos.ks.gov/>
Memorial Hall, 1st Floor | 120 S.W. 10th Avenue | Topeka, KS 66612-1594

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