Data Request for Local Ballot Initiatives/Referenda (Kentucky State Board Of Elections)

Jimin Han filed this request with the Kentucky State Board Of Elections of Kentucky.
Multi Request Data Request for Local Ballot Initiatives/Referenda
Status
Rejected

Communications

From: Jimin Han

To Whom It May Concern:

Pursuant to the Kentucky Open Records Act, I hereby request the following records:

I am requesting data on local ballot initiatives/referenda that took place in the state since 1972. Specifically, I need the following information to be included in the data.

1. Text of the ballot initiative/referendum
2. Local government where the election took place.
3. County where the local government is located
4. Election date
5. Result of election (votes for, votes against, pass/fail)
6. Threshold to pass (50%, two-thirds, etc)

This website from California provides a good example of the type of data I am requesting:
https://data.ca.gov/dataset/election-data/resource/67e83a65-2b55-41ec-9420-b33b666d4711

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 e-mail 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 5 business days, as the statute requires.

Sincerely,

Jimin Han

From: Kentucky State Board Of Elections

SENT VIA EMAIL

Dear Mr. Han,

On Wednesday, March 6, 2024, the Kentucky State Board of Elections (“SBE”) received your email requesting “1. Text of the ballot initiative/referendum; 2. Local government where the election took place; 3. County where the local government is located; 4. Election date; 5. Result of election (votes for, votes against, pass/fail); 6. Threshold to pass (50%, two-thirds, etc)” for local ballot initiatives/referenda taking place in Kentucky since 1972.

Please be advised that under the provisions of the Kentucky Open Records Act (Kentucky Revised Statutes 61.870 to 61.884), SBE is not obligated to honor a request for information, as opposed to a request for specifically described records, nor is SBE required to compile information or to create a record that does not already exist in response to an open records request. See, 02-ORD-213, 02-ORD-175, 99-ORD-71, 97-ORD-182, 96-ORD-150, 96- ORD-146, 96-ORD-53, 95-ORD-150, 95-ORD-131 and 02-ORD-112, 97-ORD-56, 96-ORD-139, 95-ORD-48. Open records provisions do not require public agencies to carry out research or compile information to conform to a given request.” OAG 79–547, OAG 81–333. Blanket requests for information on a particular subject without a specification of the documents that are desired need not be honored.  OAG 85-107.

This response adequately and sufficiently complies with your request, the Kentucky Open Records Act, and constitutes final action by the Kentucky State Board of Elections.

Thanks,

Taylor Austin Brown
General Counsel
State Board of Elections
140 Walnut Street
Frankfort, Kentucky 40601
(502) 782-9499
TaylorA.Brown@ky.gov<mailto:TaylorA.Brown@ky.gov>

NOTICE TO UNINTENDED RECIPIENTS: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling the Kentucky State Board of Elections at (502) 573-7100, so that our address records can be corrected.

NOTICE TO RECIPIENTS OUTSIDE THE STATE BOARD OF ELECTIONS: Information contained in this email directed to members and/or employees of the Kentucky State Board of Elections, including any accompanying attachments, may be privileged, confidential, and protected by Attorney-Client privilege. Persons who are not members or employees of the Kentucky State Board of Elections should be aware of the following points: (1) You should consult your own lawyer, as I represent the SBE; (2) I am not your attorney and anything you tell me is not confidential; (3) Any information provided in an email is NOT LEGAL ADVICE, should not be relied upon as legal advice, and I do not consent to the creation of an attorney-client relationship between myself and you. Any opinions expressed are mine alone and do not constitute policy or opinion of the SBE. BEFORE MAKING ANY PERSONAL OR BUSINESS DECISIONS, CONSULT WITH A PRIVATE ATTORNEY.

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