Ohio SoS ERIC docs

Kira Lerner filed this request with the Secretary of State of Ohio.
Status
Rejected

Communications

From: Kira Lerner

To Whom It May Concern:

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

Any communications, including emails, text messages, memorandum, calendar invites, and/other other documents related to considerations about whether or not to withdraw from the Electronic Registration Information Center (ERIC). Please search for records between January 1, 2022 and March 15, 2023.

Please include the following terms in your search for records:
"Gateway Pundit"
"Jim Hoft"
"David Becker"
"Shane Hamlin"
"Ericka Haas"
"Sarah Whitt"
"ERIC"
"Jay Valentine"
"Omega4America"

Please specifically search for any emails to/from Jim Hoft (midwestjim@charter.net)

Please also include the following email domains in your search for records:
"@ericstates.org"
"@theamericaproject.com"
"@heritage.org"
"@electionlawcenter.com"

If the cost of producing these records will exceed $10, please inform me first.

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 10 business days.

Sincerely,

Kira Lerner

From: Secretary of State

Good afternoon,

This email is to acknowledge receipt of your below request for public records, which was received by this office on March 20, 2023. Specifically, you have asked for:

"Any communications, including emails, text messages, memorandum, calendar invites, and/other other documents related to considerations about whether or: not to withdraw from the Electronic Registration Information Center (ERIC). Please search for records between January 1, 2022 and March 15, 2023.

Please include the following terms in your search for records:
"Gateway Pundit"
"Jim Haft"
"David Becker"
"Shane Hamlin"
"Ericka Haas"
"Sarah Whitt"
"ERIC"
"Jay Valentine"
"Omega4America"

Please specifically search for any emails to/from Jim Haft (midwestjim@charter.net)

Please also include the following email domains in your search for records:
"@ericstates.org"
"@theamericaprojectcom"
"@heritage.org"
"@electionlawcenter.com""

We are reviewing your request and will respond to you within a reasonable time as required by the Ohio Public Records Act.

[logo for the Office of Frank LaRose Ohio Secretary of State]
Sally Warren | Records Coordinator
Office of the Ohio Secretary of State
O: 614.466.9510
OhioSoS.gov<https://OhioSoS.gov/>
This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.

From: Secretary of State

Ms. Lerner,

Attached please find a letter responding to your public records request dated 3/15/2023.

This email and the attached letter conclude our response to your request. Our file on your request will be closed.
Sincerely,
[logo for the Office of Frank LaRose Ohio Secretary of State]

Julia Lawrence | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
Office: 614.728.9505
Teams: 614.6968881
OhioSoS.gov<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fohiosos.gov%2F&data=05%7C01%7Cjlawrence%40OhioSOS.Gov%7Ca0d3a36371294e92dc0808daed97ca83%7C6a62fcd22ec844ebaac58892a8d5a826%7C0%7C0%7C638083533434107676%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=krAFbGEopiCJY%2F5zv6pzqyzKfulISvyJSfHHvbTe16Q%3D&reserved=0>
This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.

Confidentiality Notice: This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

From: Kira Lerner

Ms. Lawrence,

Thank you for the response and for providing information about how I can narrow request.

You mentioned that I can provide specific correspondents whose records I seek. Upon further consideration, would you be able to search records to and from the email addresses of Frank LaRose, Mandi Grandjean, Paul Disantis, Alice Robinson-Bond, Jacob Cimperman, Julia Lawrence, and Rob Nichols. Please use the same search terms I outlined in my original request:

"Any communications, including emails, text messages, memorandum, calendar invites, and/other other documents related to considerations about whether or: not to withdraw from the Electronic Registration Information Center (ERIC). Please search for records between January 1, 2022 and March 15, 2023.

Please include the following terms in your search for records:
"Gateway Pundit"
"Jim Haft"
"David Becker"
"Shane Hamlin"
"Ericka Haas"
"Sarah Whitt"
"ERIC"
"Jay Valentine"
"Omega4America"

Please specifically search for any emails to/from Jim Haft (midwestjim@charter.net)

Please also include the following email domains in your search for records:
"@ericstates.org"
"@theamericaprojectcom"
"@heritage.org"
"@electionlawcenter.com""

Thank you again for your help with this request.

Kira Lerner
The Guardian US

From: Secretary of State

Thank you for following up with our office regarding your request for public records. Our office endeavors to promptly respond to all requests for public records within a reasonable period of time, and, in the interest of fairness, the order in which requests are received by this office.

[logo for the Office of Frank LaRose Ohio Secretary of State]
Sally Warren | Records Coordinator
Office of the Ohio Secretary of State
O: 614.466.9510
OhioSoS.gov<https://OhioSoS.gov/>
This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.

From: Secretary of State

Ms. Lerner,

This email responds to your revised public records request dated 4/3/2023 for the following records: Any communications, including emails, text messages, memorandum, calendar invites, and/other documents “to and from the email addresses of Frank LaRose, Mandi Grandjean, Paul Disantis, Alice Robinson-Bond, Jacob Cimperman, Julia Lawrence, and Rob Nichols… related to considerations about whether or: not to withdraw from the Electronic Registration Information Center (ERIC). Please search for records between January 1, 2022 and March 15, 2023.

Please include the following terms in your search for records:

* "Gateway Pundit"
* "Jim Haft"
* "David Becker"
* "Shane Hamlin"
* "Ericka Haas"
* "Sarah Whitt"
* "ERIC"
* "Jay Valentine"
* "Omega4America"
* Please specifically search for any emails to/from Jim Haft (midwestjim@charter.net)
* Please also include the following email domains in your search for records:
* "@ericstates.org"
* "@theamericaprojectcom"
* "@heritage.org"
* "@electionlawcenter.com.""

Your request is denied as overly broad. As noted in my letter dated 3/31/2023, Ohio courts have found requests for communications, such as yours, to be proper when limited temporally, by subject matter, and by specific correspondent. See, e.g., State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St. 3d 122, at 128, 2012 Ohio 4228. To be a proper, a public records request must identify both the sender and recipient of the correspondence that is sought. See Kanter v. City of Cleveland Heights, 2018-Ohio-4592.

Your request names the following correspondents: Frank LaRose, Mandi Grandjean, Paul Disantis, Alice Robinson-Bond, Jacob Cimperman, Julia Lawrence, and Rob Nichols. However, your request fails to identify the individuals with whom these correspondents may have been corresponding. As noted, to be proper, both the sender and recipient must be named for the request to be proper. See Kanter, 2018-Ohio-4592. Therefore, your request is denied as overly broad.
Sincerely,
[logo for the Office of Frank LaRose Ohio Secretary of State]

Julia Lawrence | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
Office: 614.728.9505
Teams: 614.6968881
OhioSoS.gov<https://ohiosos.gov/>
This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.

Confidentiality Notice: This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

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