Election systems software emails • MuckRock

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From: Michael Morisy

02/23/2013

Subject: None

None

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

An electronic copy of emails or work product relating to any member of staff for the Secretary of State installing or modifying software on county election systems between February 1, 2012 and November 7, 2012.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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 would request your response within ten (10) business days.

Sincerely,

Michael Morisy

From: MuckRock.com

03/10/2013

Subject: None

None

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

04/04/2013

Subject: None

None

To Whom It May Concern:

Thank you for your help.

From: Shea, Christopher

04/04/2013

Subject: None

None

Dear Mr. Morisy:

You requested the following:

We refer you to our March 21, 2013 response to your March 11, 2013 request, attached. From this office's perspective, the analysis of that request and the request set forth above is similar.

Under Ohio's Public Records Act (the "Act"), a proper public records request is one that asks for a specific, existing record. See, e.g., State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 154, 1999-Ohio-447; Ohio Revised Code § 149.011(G) ("'Records' includes any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.); Ohio Revised Code § 149.43(A)(1) (defining "public record").

In contrast, a request for selected information is not a proper request under the Act. See, e.g., State ex rel. Fant v. Tober, 8th Dist No. 63737 (April 28, 1993) ("relator has not established that a governmental unit has the clear legal duty to seek out and retrieve those records which would contain the information of interest to the requester. . . . Rather, it is the responsibility of the person who wishes to inspect and/or copy records to identify with reasonable clarity the records at issue."), aff'd, 68 Ohio St.3d 117, 623 N.E.2d 1202 (1993) <https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1993231616&pubNum=578&originationContext=document&transitionType=DocumentItem&contextData=(sc.Keycite)> .

Respectfully, your request asks this office to identify records containing selected information, rather than identifying specific records. Please note that this office organizes email correspondence by individual sender, for outgoing correspondence, and by individual recipient, for incoming correspondence. To the extent that you can identify individuals at this office whose email correspondence you are interested in, that would be helpful.

It is also unclear what you mean by the term "work product."

Please consider this a request for clarification, and not a denial of your request.

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