Crosscheck - South Dakota

To Whom It May Concern:

Pursuant to the South Dakota Sunshine Law, I hereby request the following records:

1) All records and communications within the South Dakota Secretary of State Election Division — including, but not limited to, communications to and from Deputy Secretary of State Kea Warne (Kea.Warne@state.sd.us) — related to the Interstate Voter Registration Crosscheck Program (“Crosscheck”).

3) All communications between Election Division staff and the following Kansas and Arkansas state officials:
(a) Bryan Caskey (Bryan.Caskey@ks.gov)
(b) Jameson Beckner (Jameson.Beckner@ks.gov)
(c) Bruce Ferguson (Bruce.Ferguson@ks.gov)
(d) Vipin Nischal (vipin.nischal@sos.arkansas.gov)
(e) Cecil Davis (cecil.davis@sos.arkansas.gov)

Please provide​ ​all​ ​responsive​ ​records​ ​from​ November 1,​ ​2017, through​ ​the​ ​date​ ​​your​ ​search begins.​ The search for responsive records should include all individuals and locations where records are likely to exist.

Furthermore, I seek all responsive records regardless​ ​of​ ​format,​ ​medium,​ ​or​ ​physical​ ​characteristics​. In conducting your search, please understand the term “communications” or “records” in the broadest sense, to include any written, typed, recorded, graphic, printed, or audio material of any kind. I seek records of any kind, including electronic records, audiotapes, videotapes, and photographs, as well as letters, emails, facsimiles, telephone messages, voice mail messages and transcripts, notes, or minutes of any meetings, telephone conversations or discussions. My request includes any attachments to these records.

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

As I am filing this request as a member of the news media, I would like to request that any fees associated with the search, review, and duplication of this request be waived. I am a staff reporter of Gizmodo Media Group, a news organization founded in 2002, which services approximately 40 million readers per month. As a news organization, we gather information of potential interest to a segment of the public, use our editorial skills to turn the raw material into distinct work and distribute that work to the public, free of charge.

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 filed electronically, by e-mail attachment if available or CD-ROM if not. If you are able to send responsive records by email, you may send them to dell@gizmodo.com.

I certify​ ​to​ ​be​ ​true​ ​and​ ​correct​ ​to​ ​the​ ​best​ ​of​ ​my ​knowledge​ ​and​ ​belief all of the above.

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, as the statute requires.

Sincerely,

Dell Cameron

Hi Christine,

Just wanted to follow up for clarity: You're saying that because South Dakota signed a memorandum of understanding with the Kansas Secretary of State's office, your office will not turn over to the public any records about a program that involves transmitting South Dakota citizens' personal information to Kansas officials, where it is then disseminated potentially among 30 other offices, including several private companies?

Also: I took this email to mean that you are denying my request in its entirety. Is that correct?