ELECTRONICALLY FILED 2020 Jun 24 PM 3:53 CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2020-CV-000343 THIRD JUDICIAL DISTRICT SHAWNEE COUNTY DISTRICT COURT CIVIL DEPARTMENT
LOUD LIGHT & ) DAVIS HAMMET, ) ) Plaintiffs, ) ) Case No. ______v. ) Div. No. ______) SCOTT SCHWAB, ) Kansas Secretary of State, in his official ) capacity, ) ) ) Defendant. ) )
VERIFIED PETITION PURSUANT TO K.S.A. CHAPTER 60 FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE KANSAS OPEN RECORDS ACT Plaintiffs Loud Light and Davis Hammet petition this Court to enforce their right to access public records in the custody of Scott Schwab, the Kansas Secretary of State, pursuant to the
Kansas Open Records Act, K.S.A. § 45-215, et seq. (“KORA”). On September 4, 2019, Plaintiffs submitted a request to Defendant Schwab for the ELVIS Provisional Ballot Detail Report from the
2018 General Election. The specific information requested from the report was the names of provisional ballot voters and whether their ballots were ultimately counted. Over the course of 9 months, Defendant Schwab provided Plaintiffs with a series of shifting reasons why the requested records might be exempt from release under KORA due to federal or state laws that purportedly prohibit disclosure. Defendant Schwab’s refusal to provide Plaintiffs with an actual determination for months about whether he would disclose these records violated KORA. Now two hundred and ninety-three (294) days later—and only in anticipation of this litigation— Plaintiffs have finally
1 received a formal denial of their records request. But Defendant Schwab’s claims that the requested
records are prohibited from release by law are without merit.
JURISDICTION AND VENUE 1. This Court has jurisdiction pursuant to K.S.A. § 45-222(a).
2. Venue is proper in this judicial district pursuant to K.S.A. 45-222(a) because the public
records Plaintiffs seek are located in the Third Judicial District of Kansas.
PARTIES
3. Plaintiff Loud Light is a 501(c)(3) nonprofit whose mission is to expand democracy and increase voter turnout. Loud Light requested provisional ballot voter information from the
Secretary of State for the 2018 General Election and intends to submit similar requests for the 2020
Primary and General Elections. Loud Light is seeking provisional voter information to help Kansas voters cure defects in their ballots.
4. Plaintiff Davis Hammet is a Shawnee County resident and prominent voting rights advocate. Mr. Hammet has successfully requested the provisional ballot information he seeks from the Secretary of State from dozens of Kansas counties.
5. Defendant Scott Schwab is the Kansas Secretary of State and serves as the state’s chief elections officer. The Kansas Secretary of State’s Office is a public agency within the meaning of
K.S.A. § 45-217 and maintains the records at issue in this complaint. Defendant Schwab is sued in his official capacity.
STATEMENT OF FACTS
This Court and the District of Kansas Have Held That the Help America Vote Act Does Not Prohibit Disclosure of the Names of Provisional Ballot Voters.
6. On November 9, 2012 the Shawnee County District Court issued an order to the Shawnee
County Election Commissioner to release the list of the names of provisional ballot voters in the
2 election for the 54th District of the Kansas House of Representatives.1
7. In issuing the order, this Court rejected the argument that Section 302(a) of the Help
America Vote Act (“HAVA”) prohibited the disclosure of the names of provisional ballot voters.2
8. The Kansas Secretary of State’s Office filed a motion for temporary restraining order in
the United States District of Kansas to prevent the Shawnee County Board of Commissioners from
complying with this Court’s order to disclose the names of voters who cast provisional ballots.3
9. The Secretary of State’s office argued that the Third Judicial District incorrectly rejected
its argument that HAVA prohibits disclosure of the names of provisional ballot voters.4
10. On November 15, 2012, the District of Kansas endorsed the decision of this Court and held
that HAVA “does not protect the names of the voters who cast provisional ballots.”5
11. The District of Kansas denied the Secretary’s request for a temporary restraining order and
Shawnee County released the names of provisional ballot voters pursuant to this Court’s order.6
The Legislature Amended K.S.A. § 25-2422 in Order to Allow Public Inspection of Voter Lists Prior to the Official Canvass.
12. In May 2018, the Kansas legislature passed SB 336, an omnibus government transparency
bill.7 The bill, which went into effect on July 1, 2018, removed a subsection in K.S.A. §25-2422
that provided “the name of any voter who has cast a ballot shall not be disclosed from the time
the ballot is cast until the final canvass of the election by the county board of canvassers.” A true
and correct copy of the bill is attached as Exhibit A.
1 Mah v. Bd. of County Commissioners of Shawnee County, No. 12-cv-1214 (Shawnee Cty. Dist. Ct. Nov. 9, 2012). 2 See Doc. 4-1 at 1-2,4, Mah v. Bd. of County Commissioners of Shawnee County, 5:12-cv-04148-JTM-KGG (D. Kan. 2012) (containing petition regarding the HAVA issue and this Court’s order to release the names of provisional ballot voters notwithstanding HAVA). 3 Id., Doc. 1. 4 Id. 5 Mah v. Shawnee County Comm'n, No. 12-4148-JTM, 2012 U.S. Dist. LEXIS 163248, at *8 (D. Kan. Nov. 15, 2012). 6 Id. 7 S.B. 336, 87th Leg. §2 (Kan. 2018) (effective July 1, 2018).
3 13. The amendment was proposed during the House Judiciary Committee hearing on March
20, 2018 by Representative Vic Miller who explained that the purpose of the change was to
facilitate public access to voter lists between the election and the canvass. Specifically,
Representative Miller described how the amendment would help candidates identify ineligible
voters and allow them to file election challenges.8 When Committee Chairman Blaine Finch asked
whether the amendment would permit voters’ names to “be disclosed at any time between the vote
and the canvass,” Miller responded affirmatively.9
14. Ranking minority member Representative John Carmichael also voiced support for the
amendment, explaining “this reopens [voters’ names] so all of us know who participated in the
election, that’s what this amendment is about.”10
15. Following Representative Carmichael’s comments, the committee voted to recommend favorably SB 336 for passage as amended.11
16. On May 4, 2018, on the recommendation of the Judiciary Committee, the legislature passed SB 336. Governor Colyer signed the bill on May 10, 2018.
Plaintiffs’ KORA Request and Defendant Schwab’s Denial
17. On September 4, 2019, Plaintiffs requested access to the ELVIS Provisional Ballot Detail
Report for the 2018 General Election, including the list of the names of voters who cast provisional
ballots, the reason they were directed to vote provisionally, and whether their vote was ultimately
counted.
8Hearing Before the H. Comm. on Judiciary, 87th Leg., 2018 Sess., at 5:23:30 (Kan. March 20, 2018) (statement of Rep. Vic Miller) (“Having represented a number of people on election contests, it made it very difficult to thoroughly review and represent someone who may have been shorted on an election. This just removes that, that closure that was enacted”), available at http://sg001- harmony.sliq.net/00287/Harmony/en/PowerBrowser/PowerBrowserV2/20180320/8/2833#info_ 9 Id. at 5:25:42-5:26:39. 10 Id. at 5:28:51-5:29:00. 11 Id. at 5:30:45.
4 18. Plaintiffs’ request, on its face, sought information that is recorded in the ELVIS database
as well as registration and poll books—namely, whether a voter cast a provisional ballot in an
election—which are expressly open to public inspection under K.S.A. §25-2320.12
19. On September 9, 2019, Defendant Schwab sent an email, through counsel, denying
Plaintiffs’ request in its entirety. Defendant Schwab based his denial on the federal law exemption
to KORA created by K.S.A. §45-221(a) and stated that Section 302(a) of HAVA prohibits the
disclosure of provisional ballot voter names. A true and correct copy is attached as Exhibit B.
20. Later on September 9, 2019, Plaintiffs responded to Defendant Schwab’s denial. Plaintiffs
informed Defendant Schwab that the District of Kansas had rejected his interpretation of HAVA
in the Mah v. Shawnee County Commissioners decision. Plaintiffs also provided case law from
other jurisdictions reaching the same conclusion. A true and correct copy of this correspondence
is attached as Exhibit C.
21. Eleven business days later, Defendant Schwab responded that he was seeking an opinion
from the Attorney General as to whether any federal or state laws would exempt provisional ballot
voter names from disclosure under KORA. A true and correct copy is attached as Exhibit D.
22. Nearly 300 days later, Defendant Schwab denied Plaintiffs’ request asserting that: (1)
HAVA Section 302(a) creates a federal law exemption under K.S.A. 45-221(a); (2) K.S.A. § 25-
2422 creates a state law exemption under K.S.A. 45-221(a); and (3) the constitutional right to
informational privacy protects information about whether a voter cast a provisional ballot. A true
and correct copy of this correspondence is attached as Exhibit E.
12 Poll workers are required to record whether a voter casts a provisional ballot in the county’s registration book or poll book, depending on which is used at a polling location pursuant to K.S.A. 25-2908(a). See K.S.A. 25-409(b) (“if a person is challenged pursuant to K.S.A. 25-414…the word provisional shall be written following the voter’s name in the poll book”). Kansas’ election public disclosure provision specifically directs election officials to make this and all “lists of voters required to be kept” available for public inspection. K.S.A. § 25-2320(a).
5 23. Plaintiffs are aware that the Election Voter Information System (“ELVIS”), the database
that stores the information they have requested, will delete all 2018 data as the upcoming August
primary election approaches. See Declaration of Davis Hammet, Founder of Loud Light, attached
as Exhibit F.
24. Plaintiffs also fear that their forthcoming request for provisional voter data immediately
following the August primary—which Plaintiffs are certain to submit—will be rendered pointless
if they cannot secure Defendant Schwab’s compliance with KORA within the few short days
between the August primary and the official canvass. Id.
Secretary Schwab’s Interpretation of HAVA Conflicts with Kansas and Federal Laws that Expressly Require Disclosure of Voter Lists.
25. Defendant’s interpretation of HAVA would prohibit public access to the name of any voter
who cast a regular or provisional ballot in a given election. Closing the list of names of provisional
and regular ballot voters directly contradicts K.S.A. §25-2320(a) which requires a county election
officer to make available for public inspection “the voter registration books, active voter lists and
other lists of voters required to be kept.” These records, per K.S.A. § 25-409(b), include
information about whether a voter participated in an election and what type of ballot they cast.
Moreover, active voter lists inherently include data about whether a voter participated in a
particular election.
26. Defendant’s interpretation also conflicts with federal law. The National Voter Registration
Act, 52 U.S.C. §20507(i)(1), requires the state to maintain and make available for public inspection the names of registered voters and whether they voted in the two most recent federal presidential elections.
6 CLAIMS FOR RELIEF
Count I - Violation of the Kansas Open Records Act (Denial of Request for Copies of Public Record)
27. The allegations set forth in the foregoing paragraphs are incorporated herein by reference.
28. K.S.A. § 45-216(a) states: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.”
29. K.S.A. 45-218(a) states, in part: “All public records shall be open for inspection by any person, except as otherwise provided by this act.”
30. KORA does not exempt the names of provisional ballot or rejected advance mail ballot voters from disclosure.
31. The language in HAVA that Defendant cites as a basis for denying Plaintiffs’ request does
not close provisional ballot voter information.
32. To the extent Defendant relies on K.S.A. 25-2422, the language of the provision when read
together with other provisions of the statute, is ambiguous at best.
33. Moreover, the legislative history of SB 336 demonstrates that the legislature intended to
remove restrictions to accessing voter lists by amending K.S.A. §25-2422— and did not act to
create additional barriers.
34. The constitutional right to informational privacy Defendant cites as a basis for denying
Plaintiffs’ request does not protect the identity of provisional ballot voters.
35. By denying Plaintiffs’ requests for the names of provisional ballot and advance ballot
voters, Defendant has violated KORA.
7 Count II - Violation of the Kansas Open Records Act (Failure to Timely Deny Public Records Request)
36. The allegations set forth in the foregoing paragraphs are incorporated herein by reference.
37. K.S.A. 45-218 requires public agencies to respond to requests for records “as soon as possible” and to the extent the agency will not release the records, it must furnish a denial within three days. KAN. ATT’Y GENERAL OP. 1987-86.
38. By failing to furnish Plaintiffs with a denial for nearly 300 days, Defendant has violated
KORA.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs pray this Court:
A. Assume jurisdiction over this action;
B. Grant Plaintiffs’ Motion for Preliminary Injunction;
C. Order Defendant to provide Plaintiffs with the public records they have requested;
D. Declare Defendant’s refusal to provide Plaintiffs with access to requested records
violated K.S.A. 45-218 for the reasons set forth herein.
E. Enjoin Defendant from further delaying Plaintiffs’ access to the requested records;
F. Order such other relief as this Court deems just and proper.
Dated: June 24, 2020
Respectfully submitted,
/s/ Lauren Bonds LAUREN BONDS, 27807 ZAL SHROFF, 28013 ACLU Foundation of Kansas 6701 W 64th Street, Suite 210 Overland Park, KS 66202 Tel: (913) 490-4114 Fax: (913) 490-4119
8 VERIFICATION
I, the undersigned Petitioner, declare as follows:
1. I have personal knowledge of myself, my activities, and my observations, including those set out in the foregoing Petition, and if called on to testify I would competently testify as to the matters stated therein.
2. I verify under penalty of perjury under the laws of the United States of America and the State of Kansas that the factual statements in this concerning myself, my activities, and my observations are true and correct as required under K.S.A. 60-1502.
Executed on: June 24, 2020
______Davis Hammet
9 CERTIFICATE OF SERVICE I hereby certify that on this 24th day of June, 2020, I electronically filed the foregoing with the Clerk of the District Court’s electronic filing system which will serve all registered participants and a copy was also served by email to counsel for the Kansas Secretary of State, Garrett Roe
([email protected]) and Clay Barker ([email protected]), as well as in accordance with
K.S.A. 60-205(b)(2)(E) (service by telefacsimile communication).
/s/ Lauren Bonds_____ Lauren Bonds
10 THIRD JUDICIAL DISTRICT SHAWNEE COUNTY DISTRICT COURT CIVIL DEPARTMENT
LOUD LIGHT & ) DAVIS HAMMET, ) ) Plaintiffs, ) ) Case No. ______v. ) Div. No. ______) SCOTT SCHWAB, ) Kansas Secretary of State, in his official ) capacity, ) ) ) Defendant. )
PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AND ACCOMPANYING MEMORANDUM OF LAW COME NOW Plaintiffs, by and through their undersigned counsel and pursuant to K.S.A.
§ 60-903, and submit the following Memorandum in Support of Plaintiffs’ Motion for Preliminary
Injunction.
INTRODUCTION Since September 4, 2019, Plaintiffs have been pursuing an open records request for the names of provisional ballot voters from the 2018 General Election. Plaintiffs are seeking the names of provisional ballot voters so that they can notify them that their ballot was not counted in 2018 and assist them in remedying the problem that led to their ballot being designated as provisional and ultimately rejected— before they vote again in the August 4, 2020 primary election. Plaintiffs also plan to request the names of provisional ballot voters immediately following the August 4th primary election to help voters cure their ballots prior to the final canvass. Both missions are time sensitive and require that Plaintiffs’ records requests be fulfilled as soon as possible. Moreover,
1 Plaintiffs are aware that the Election Voter Information System (“ELVIS”), the database that stores the information they have requested, will delete 2018 data as the upcoming election approaches.
Nonetheless, Defendant Kansas Secretary of State Scott Schwab has refused to provide the information responsive to Plaintiffs’ request—claiming that it is exempt from disclosure under the
Kansas Open Records Act (KORA).
Unless this Court grants Plaintiffs their motion for preliminary injunction, Plaintiffs will be unable to assist voters in curing the defects that led to their 2018 ballots being rejected before the upcoming August 2020 primary. Moreover, Plaintiffs will likely lose access to this data forever as ELVIS updates voter records for the 2020 primary. Absent judicial intervention, Plaintiffs will also be unable to effectively pursue any subsequent open records request within the few short days between the August 4 primary and the final canvass, as Defendant Schwab has made it clear that any such request will also be denied and require a declaratory order from this Court before it is fulfilled.
This Court and the District of Kansas have both already decided the legal question at issue in this case— namely, that Section 302(a) of the Help America Vote Act (“HAVA”) does not prohibit Defendant Schwab from disclosing the names of provisional ballot voters and therefore no exemption to the open records law under K.S.A. 45-221(a) authorizes Defendant Schwab to deny a public records request for this information. Defendant Schwab’s claimed state law exemption under the Kansas Vote Disclosure Act (K.S.A. §25-2422) is equally erroneous, having been consistently interpreted as not creating a KORA exception by the Tenth Judicial District and dozens of Kansas’s counties. In light of this clear precedent requiring the release of provisional ballot voter names and the potential irreparable harm Plaintiffs will suffer, Plaintiffs respectfully
2 request that this Court grant their motion for a preliminary injunction and require the release of the provisional ballot voter data no later than July 14, 2020.
STATEMENT OF FACTS Secretary of State’s Unsuccessful Past Litigation to Close Provisional Ballot Voter Data. 1. On November 9, 2012 the Shawnee County District Court issued an order to the Shawnee
County Election Commissioner to release the list of the names of provisional ballot voters in the election for the 54th District of the Kansas House of Representatives.1
2. In issuing the order, this Court rejected the argument that Section 302(a) of the Help
America Vote Act (“HAVA”) prohibited the disclosure of the names of provisional ballot voters.2
3. The Kansas Secretary of State’s Office filed a motion for temporary restraining order in the United States District of Kansas to prevent the Shawnee County Board of Commissioners from complying with this Court’s order to disclose the names of voters who cast provisional ballots.3
4. The Secretary of State’s office argued that the Third Judicial District incorrectly rejected its argument that HAVA prohibits disclosure of the names of provisional ballot voters.4
5. On November 15, 2012, the District of Kansas endorsed the decision of this Court and held that HAVA “does not protect the names of the voters who cast provisional ballots.”5
6. The District of Kansas denied the Secretary’s request for a temporary restraining order and
Shawnee County released the names of provisional ballot voters pursuant to this Court’s order.6
1 Mah v. Bd. of County Commissioners of Shawnee County, No. 12-cv-1214 (Shawnee Cty. Dist. Ct. Nov. 9, 2012). 2 See Doc. 4-1 at 1-2,4, Mah v. Bd. of County Commissioners of Shawnee County, 5:12-cv-04148-JTM-KGG (D. Kan. 2012) (containing petition regarding the HAVA issue and this Court’s order to release the names of provisional ballot voters notwithstanding HAVA). 3 Id., Doc. 1. 4 Id. 5 Mah v. Shawnee County Comm'n, No. 12-4148-JTM, 2012 U.S. Dist. LEXIS 163248, at *8 (D. Kan. Nov. 15, 2012). 6 Id.
3 The Kansas Legislature Amended K.S.A. § 25-2422 in Order to Allow Public Inspection of Voter Lists Prior to the Official Canvass.
7. In May 2018, the Kansas legislature passed SB 336, an omnibus government transparency bill.7 The bill, which went into effect on July 1, 2018, removed a subsection in K.S.A. §25-2422 that provided “the name of any voter who has cast a ballot shall not be disclosed from the time the ballot is cast until the final canvass of the election by the county board of canvassers.”8
8. The amendment was proposed during the House Judiciary Committee hearing on March
20, 2018 by Representative Vic Miller who explained that the purpose of the change was to facilitate public access to voter lists between the election and the canvass. Specifically,
Representative Miller described how the amendment would help candidates identify ineligible voters and allow them to file election challenges.9 When Committee Chairman Blaine Finch asked whether the amendment would permit voters’ names to “be disclosed at any time between the vote and the canvass,” Miller responded affirmatively.10
9. Ranking minority member Representative John Carmichael also voiced support for the amendment, explaining “this reopens [voters’ names] so all of us know who participated in the election, that’s what this amendment is about.”11
10. Following Representative Carmichael’s comments, the committee voted to recommend favorably SB 336 for passage as amended.12
7 S.B. 336, 87th Leg. §2 (Kan. 2018) (effective July 1, 2018). 8 See Petition Ex. A. 9Hearing Before the H. Comm. on Judiciary, 87th Leg., 2018 Sess., at 5:23:30 (Kan. March 20, 2018) (statement of Rep. Vic Miller) (“Having represented a number of people on election contests, it made it very difficult to thoroughly review and represent someone who may have been shorted on an election. This just removes that, that closure that was enacted”), available at http://sg001- harmony.sliq.net/00287/Harmony/en/PowerBrowser/PowerBrowserV2/20180320/8/2833#info_ 10 Id. at 5:25:42-5:26:39. 11 Id. at 5:28:51-5:29:00. 12 Id. at 5:30:45.
4 11. On May 4, 2018, on the recommendation of the Judiciary Committee, the legislature passed SB 336. Governor Colyer signed the bill on May 10, 2018.
Plaintiffs’ KORA Request and Defendant Schwab’s Denial
12. On September 4, 2019, Plaintiffs requested access to the ELVIS Provisional Ballot Detail
Report for the 2018 General Election, including the list of the names of voters who cast provisional ballots, the reason they were directed to vote provisionally, and whether their vote was ultimately counted.
13. Plaintiffs’ request, on its face, sought information that is recorded in the ELVIS database as well as registration and poll books—namely, whether a voter cast a provisional ballot in an election—which are expressly open to public inspection under K.S.A. §25-2320.13
14. On September 9, 2019, Defendant Schwab sent an email, through counsel, denying
Plaintiffs’ request in its entirety. Defendant Schwab based his denial on the federal law exemption to KORA created by K.S.A. §45-221(a) and stated that Section 302(a) of HAVA prohibits the disclosure of provisional ballot voter names.14
15. Later on September 9, 2019, Plaintiffs responded to Defendant Schwab’s denial. Plaintiffs informed Defendant Schwab that the District of Kansas had rejected his interpretation of HAVA in the Mah v. Shawnee County Commissioners decision. Plaintiffs also provided case law from other jurisdictions reaching the same conclusion.15
13 Poll workers are required to record whether a voter casts a provisional ballot in the county’s registration book or poll book, depending on which is used at a polling location pursuant to K.S.A. 25-2908(a). See K.S.A. 25-409(b) (“if a person is challenged pursuant to K.S.A. 25-414…the word provisional shall be written following the voter’s name in the poll book”). Kansas’ election public disclosure provision specifically directs election officials to make this and all “lists of voters required to be kept” available for public inspection. K.S.A. § 25-2320(a). 14 See Petition Ex. B. 15 See Petition Ex. C.
5 16. Eleven business days later, Defendant Schwab responded that he was seeking an opinion from the Attorney General as to whether any federal or state laws would exempt provisional ballot voter names from disclosure under KORA.16
17. Nearly 300 days later, Defendant Schwab denied Plaintiffs’ request asserting that: (1)
HAVA Section 302(a) creates a federal law exemption under K.S.A. 45-221(a); (2) K.S.A. § 25-
2422 creates a state law exemption under K.S.A. 45-221(a); and (3) the constitutional right to informational privacy protects information about whether a voter cast a provisional ballot.17
18. Plaintiffs are aware that the Election Voter Information System (“ELVIS”), the database that stores the information they have requested, will delete all 2018 data as the upcoming August primary election approaches.18
19. Plaintiffs also fear that their forthcoming request for provisional voter data immediately following the August primary—which Plaintiffs are certain to submit—will be rendered pointless if they cannot secure Defendant Schwab’s compliance with KORA within the few short days between the August primary and the official canvass.19
LEGAL STANDARD A movant is entitled to a preliminary injunction upon establishing the following: (1) a substantial likelihood that the movant will prevail on the merits; (2) a showing that the movant will suffer irreparable injury unless the injunction issues; (3) a showing that an action at law will not provide the adequate relief; (4) proof that the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing parties; and (5) a showing that the injunction, if issued, would not be adverse to the public interest. See Lundgrin v. Claytor, 619
16 See Petition Ex. D. 17 See Petition Ex. E. 18 See Petition Ex. F, ¶ 10. 19 Id. ¶ 12.
6 F.3d 61, 63 (10th Cir. 1980); Uarco Inc.v. Eastland, 584 F. Supp. 1259, 1261 (D. Kan. 1984);
Steffens v. City of Lawrence, 284 Kan. 380, 395-96, 160 P.3d 843 (Kan. 2007).
ARGUMENT I. PLAINTIFFS HAVE A SUBSTANTIAL LIKELIHOOD OF PREVAILING ON THE MERITS. A. Provisional Ballot Voter Lists Are Public Records under the Kansas Open Records Act.
Any person is entitled to inspect public records in Kansas unless KORA expressly exempts the information from disclosure. KORA provides an expansive definition of “public records” that includes any recorded information “which is made, maintained, or kept by” a public agency.
K.S.A. §45-217(f)(1). Moreover, it is axiomatic that KORA “shall be liberally construed and applied to promote” public access to government records. K.S.A. §45-216(a).
Defendant Schwab is required by state and federal statutes to maintain voter records regarding election participation and the type of ballot a voter cast. See K.S.A. § 25-2319 (“at every election, one of the judges of the election board shall, as each person votes, enter on the registration book the word ‘voted,’ or some other distinguishing mark prescribed by the county election officer, on the line where such person’s name appears”); K.S.A. § 25-2409(b) (“The judges shall write on the envelope the word “provisional” and a statement of the reason for the challenge”); 52 U.S.C.
§ 21082(a)(5)(B) (“The appropriate State or local election official shall establish a free access system…that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted”). Voter information, including voter names, are therefore a public record under
KORA. See KAN. ATT’Y GEN. OP. NO. 88-52, 1988 Kan. AG LEXIS 132 (Oct. 27, 1988).
Moreover, the Attorney General has advised that voter lists and other information stored in the
7 Electronic Voter Information System (ELVIS) are presumptively open to the public. KAN. ATT’Y
GEN. OP. NO. 17-10, 2017 Kan. AG LEXIS 10 (July 11, 2017) (“the information contained in the database is a public record possessed by a public agency within the meaning of the Kansas Open
Records Act (KORA)”). Thus, the names of voters who cast a provisional ballot during the 2018
General Election would clearly constitute a public record under KORA.
Nor do any of KORA’s fifty-five express exceptions close the names of provisional ballot voters from public inspection. See K.S.A. § 45-221(a)(2)-(55). The only KORA exception that could potentially apply to the names of provisional ballot voters is the catchall provision prohibiting disclosure of records that are “specifically prohibited or restricted by federal law, state statute or rule of the Kansas Supreme Court.” K.S.A. § 45-221(a)(1). As discussed below, federal and state statutes provide that voter names are open for public inspection, not closed.
B. Provisional Ballot Voter Lists Are Open under Public Inspection Provisions of the Kansas Election Code and the National Voter Registration Act.
In addition to KORA, the Kansas Election Code and National Voter Registration Act explicitly provide that voter lists are open to the public. Kansas law mandates that “the county election officer shall allow access to any person at any time during regular business hours, under supervision of the county election officer for the purpose of examining the voter registration books, active voter lists, and other lists of voters required to be kept.” K.S.A. § 25-2320(a). The statute explicitly enumerates the information on voter records that should be redacted prior to disclosure, requiring only removal of “the individual’s social security number, driver’s license number, [or] nondriver’s identification card number or any part thereof.” K.S.A. § 25-2320(b).
As discussed in the preceding section, among the voter lists that must be kept under state and federal law are lists recording which registered voters participated in an election and which voters cast a provisional ballot. See K.S.A. § 25-2319; K.S.A. § 25-2409(b) (“the word
8 ‘provisional’ shall be written following the voter’s name in the poll book.”); 52 U.S.C. §
21082(a)(5)(B) (in effect requiring state government to keep track of all provisional ballot voters for follow-up purposes). The Kansas Election Code and the National Voter Registration Act also require maintenance and public disclosure of active and inactive voter lists— which likewise necessarily conveys information about whether a voter participated in a given election. See K.S.A.
§ 25-2304; 52 U.S.C.S. § 20507(i).
The Kansas Election Code’s public disclosure provision specifically directs Defendant
Schwab to make all of these lists available for public inspection, including the list of provisional ballot voters, because they are “lists of voters required to be kept” by local officials. K.S.A. § 25-
2320(a). While Defendant is required to redact a limited set of personally identifying information included in public voter records under the election disclosure provision, the type of ballot a voter cast or whether they participated in a given election is not included in the set of information that is to remain confidential. See K.S.A. § 25-2320(b). Therefore, the list of names of voters who participated in an election must be disclosed under this provision of state law and under the
National Voter Registration in addition to KORA. See K.S.A. § 25-2320(a); 52 U.S.C.S. §
20507(i).20 The absence of an exception to disclosure under the Kansas Election Code is notable since the legislature explicitly incorporated information restrictions from other sections of the
20 Provisional ballot voter lists would be open to inspection under the National Voter Registration Act’s public disclosure provision. Section 8(i) of the NVRA provides “public access to a broad scope of information that shows how a state makes voter eligibility determinations” and includes records that “show the results of the [registration and list maintenance] process and activities put into place.” Project Vote v. Kemp, 208 F. Supp. 3d 1320, 1336-40 (N.D. Ga. 2016). Provisional ballot voting is inextricably linked to registration and list maintenance in Kansas. In order to cast a provisional ballot, a voter must first complete a registration form. K.S.A. § 25-409(b); K.A.R. § 7-46-2(D). Therefore, county election officials would be required under the NVRA to disclose the names of all voters who registered as a condition of casting a provisional ballot. See Project Vote/Vote for Am. Inc. v. Long, 682 F.3d 331, 336 (4th Cir. 2012) (the NVRA mandates disclosure of registration applications). A list of names of purged voters who cast a provisional ballot after being removed from the rolls would similarly be open to inspection under the NVRA. See, e.g., Truth the Vote v. Hosemann, 43 F. Supp. 3d 693, 723 (S.D. Miss. 2014) (purged voter information open under the public disclosure provision). In sum, the legislature would not prohibit disclosures that are mandated under federal law.
9 election code, in particular K.S.A. § 25-2309(j). Legislative silence as to whether the type of ballot cast by a voter should be redacted clearly indicates the names of provisional ballot voters are subject to public disclosure.
C. HAVA Does Not Create an Exception to KORA.
In refusing to comply with Plaintiffs’ open records request, Defendant Schwab relies in part on Section 302 of the Help America Vote Act (HAVA)— which establishes an online access system for voters to verify whether or not their vote has been counted in a given election.
Defendant relies on out-of-context language from Section 302 to claim that whether a voter cast a provisional ballot is protected information under federal law. See 52 U.S.C. § 21082(a)(5)(B)
(“Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot”). That this argument persists is curious because the District of Kansas has already summarily rejected the Secretary of State’s reading of HAVA— noting that it protects only the specific contents of a provisional voter’s ballot and not the fact of whether their ballot was counted. See Mah v. Shawnee County Comm'n, No. 12- 4148-JTM, 2012 U.S. Dist. LEXIS
163248, at *8 (D. Kan. Nov. 15, 2012) (“§ 15482(a)(5)(B) [now 52 U.S.C. § 21082(a)(5)(B)] does not protect the names of the voters who cast provisional ballots”). Accordingly, the Secretary of
State is barred from withholding provisional ballot voter lists under HAVA in the name of ballot secrecy. Id. at *8-*9 (ordering disclosure of provisional ballot voter lists over Secretary Kobach’s objections because “[HAVA] does not protect information ‘about the individual casting the ballot’”). Other state and federal courts across the country have reached the same conclusion. See, e.g., Northeast Ohio Coalition for the Homeless v. Husted, No. 2:06-CV-896, 2016 U.S. Dist.
LEXIS 10790, at *9-*10 (S.D. Ohio Jan. 29, 2016) (“Nothing in the plain language of [HAVA] suggests that the voter who cast the provisional ballot is the only entity that may ascertain whether
10 her ballot was counted. Further, the implications of that interpretation would be absurd”);
Washington State Republican Party v. Washington State Democratic Central Committee, No. 04-
2-36048-0 SEA, Memorandum and Order at 2 (Wash. Sup. Ct. Nov. 16, 2004) (“it is clear that
HAVA only precludes disclosure of for whom (or for what) the provisional voter voted, not whether that voter’s ballot had been counted or the identity of that provisional voter”); see also
OHIO ATT’Y GEN. OP. NO. 2011-012 (June 2011) (noting that HAVA, through its implementing statute in Ohio, “does not prohibit the release of provisional ballot envelopes”). Defendant’s attempt to relitigate this issue in the face of unequivocal, binding precedent to the contrary should be rejected by this Court.
D. The Unauthorized Voting Disclosure Act Does Not Create an Exception to KORA. Defendant also justifies his decision to close the names of provisional and regular ballot voters from the public due to language in the Unauthorized Voting Disclosure Act that Defendant believes restricts disclosure of information on the manner in which a ballot was cast. See K.S.A. §
25-2422(a)(1) (“unauthorized voting disclosures is […] disclosing or exposing the contents of any ballot, whether cast in a regular or provisional manner, or the name of any voter who cast such ballot”). Defendant’s interpretation of this clause is contrary to the principles of syntax and the rules of statutory construction. Further, even if the court determines the plain language of the provision is amenable to multiple readings, Defendant’s interpretation directly contradicts the legislature’s express intent when amending the statute in 2013 and 2018. Finally, the Tenth Judicial
District considered this precise question and determined that K.S.A. 25-2422(a)(1) only prohibits disclosure of which candidates a voter voted for— not the names of provisional ballot voters.
11 1. The Plain Language of K.S.A. § 25-2422 Does Not Prohibit Disclosure of Provisional Ballot Voter Lists.
To determine the intent of the legislature when interpreting a statute, Kansas courts look to the plain language of the statutory text. See, e.g., Northern Natural Gas Co. v. ONEOK Field
Services Co., 296 Kan. 906, 918 (2013), quoting Stewart Title of the Midwest v. Reece & Nichols
Realtors, 294 Kan. 553, 564–65 (2012) (“the most fundamental rule of statutory construction is that the intent of the legislature governs if that intent can be ascertained. We first attempt to ascertain legislative intent by reading the plain language of the statutes and giving common words their ordinary meanings.”). Kansas courts also employ the generally accepted rules of grammar and syntax when interpreting a statute. See, e.g., State v. Toliver, 306 Kan. 146, 153 (Kan. 2017)
(holding the court will apply the natural construction of language unless the legislature provided a contextual indication to the contrary).
Adopting Defendant’s interpretation of K.S.A. § 25-2422(a)(1) would require the court to abandon the plain language cannon of statutory construction as well as the most basic principles of grammar. For subsection (a)(1) to prohibit disclosure of provisional or regular voters’ names, the clause “whether cast in a regular or provisional manner” must be construed as an independent prohibition in a series of restricted categories of voter information. This construction would be inconsistent with the plain language reading of the statute. First, the rules of English require parallel structure in a list, and—in the case of (a)(1), a direct object in each discrete item. The relevant clause “whether cast in a regular or provisional manner” has no direct object and is drafted in a manner that is inconsistent with the other two clauses in the proposed series. To reach the parallel structure needed to comport with English language principles and reach the interpretation urged by Defendant, the statute would need to be written as, “unauthorized voting disclosure is
[…] Disclosing or exposing the contents of any ballot, whether the ballot was cast in a regular or
12 provisional manner, or the name of any voter who casts such a ballot.” This sentence structure would assert three separate bases for a finding of unauthorized vote disclosure. However, this is not how the statute is drafted.
Conversely, if the court were to construe “whether cast in a regular or provisional manner” consistent with common grammar and syntax principles, it would treat the phrase as a subordinate clause that modifies the prohibition on exposing the contents of any ballot. Under the plain English reading of the statute, K.S.A. § 25-2422(a)(1) does not prevent the disclosure of whether a ballot was cast provisionally. Instead, it would prevent only the disclosure of the specific contents of a ballot (i.e. for whom a voter cast their vote) and the disclosure of the name of any voter in conjunction with the contents of their ballot, regardless of whether the ballot was provisional or not. Thus, the clause “whether cast in a regular or provisional manner” merely modifies the antecedent clause and clarifies that the contents of both regular and provisional ballots must be kept confidential.
A number of county election officials have apparently correctly read the statute as well.
Douglas, Johnson, Sedgwick, Shawnee, and Wyandotte counties have all shared their lists of provisional ballot voters in response to open records requests— and more than 60 counties have taken the position that the type of ballot cast by voters is open to the public.21 This interpretation is not only consistent with the plain language of the statute, it comports with the legislature’s clearly expressed intent as described in detail below. Meanwhile if Defendant’s interpretation is
21 See Petition Ex. F, ¶ 5 & Exhibit 1 thereto, at 40-56 (response to KORA request listing Douglas County provisional ballot voter summary and listing names of all provisional ballot voters and the reasons their ballot was rejected); 110- 25 (response to KORA request listing Johnson County provisional ballot voters and the reasons their ballot was rejected); 370-80 (response to KORA request listing Wyandotte County provisional ballot voters and the reasons their ballot was rejected); see also id. at 17 (KORA response showing a print-out of the ELVIS Provisional Ballot Report for Cherokee County with all provisional voter information, but with SSN information redacted as required by state law).
13 credited, county clerks in at least 60 counties22 have committed a level 10 nonperson felony subjecting them to the possibility of probation or even imprisonment. See K.S.A. §25-2422(d); see also 2018 Sentencing Ranges, KANSAS SENTENCING COMMISSION (2018), available at https://sentencing.ks.gov/docs/default-source/2018-forms/2018-nondrug-and-drug-grid-quick- reference-guide.pdf?sfvrsn=6ed4fd3f_0.
The only court to consider the question also reached a similar interpretation of the statute.
In Hammet v. Metsker, the Tenth Judicial District found that the face of the statute “does not prohibit the voter’s name [from disclosure] other than in the context of revealing the contents of a particular ballot.”23 Reading K.S.A. 25-2422(a) in the context of the entire statutory provision, the court found the closure of voter names would be nonsensical given the explicit requirement that advance mail ballot voter names be open to the public in subsequent subsection. Specifically, the court noted “If identifying a voter’s name was sacrosanct, then there would be no reason to allow voter names for advance balloting as expressly stated in K.S.A. 25-2422(b) which provides that
‘[n]othing in this section shall prohibit the disclosure of the names of persons who have voted advance ballots.’”24 The court found that, to the extent an ambiguity existed, the legislative intent confirmed the plain language, in pari materia, reading that the provisional ballot voter names are not prohibited from disclosure.25
2. Legislative intent clearly demonstrates K.S.A. §25-2422 does not create an exception to the Kansas Open Records Act or Limit Access to the names of provisional ballot voters.
22 Id. 23 Hammet v. Metkser, 18CV5173, Order on Cross Motions for Summary Judgment, at 7 (Johnson Cty. Dist. Ct. Jan. 31, 2019), available at https://shawneemissionpost.com/wp-content/uploads/2019/02/18CV05173_16289378.pdf. 24 Id. at 8. 25 Id. at 9-13.
14 The most Defendant can argue is that the text of K.S.A. § 25-2422(a)(1) is ambiguous.26
Therefore, the court should look to “the historical background of the enactment, the circumstances attending its passage, and the effect the statute may have under the various constructions suggested.” Robinett v. The Haskell Co., 270 Kan. 95, 100-01, 12 P.3d 411 (2000); In re Adoption of G.L.V., 190 P.3d 245, 259 (2008).
K.S.A. § 25-2422 has been amended twice in recent years. First, in 2013 by SB 122 and later in 2018 by SB 336. The history of these enactments captures a series of changes meant to allow public access to the names of voters who cast a provisional ballot at any time following an election.
Following an unsuccessful attempt to block the pre-canvass release of names of provisional ballot voters during the 2012 election,27 Kansas Secretary of State Kris Kobach urged the
Legislature to amend the nondisclosure law to limit access to voter names. Kobach testified at a hearing on SB122 (initially titled SB177) that lists of provisional ballot voters should not be publicly accessible until after an election canvass to ensure an “orderly process for preparing for the county canvass and to protect voters from an unnecessary extension of the campaign season.”
See Hearing on SB 177 Before the S. Comm. on Ethics, Elections and Local Gov’t, 85th Leg.,
26If the court finds the plain English reading of K.S.A. §25-2422(a)(1) fails to unambiguously establish that the statute does not prohibit disclosure of provisional ballot voter names, Defendant’s proposed construction is even less clear on the face of the text. As detailed in sections (I)(a) and (I)(b) of this brief, Defendant’s construction creates conflicts with other provisions of the election code—particularly §K.S.A. 25-2320, contradicts the interpretations of other state officials, and is notably not reflected in other sections of the Election Code. See, e.g., State v. Coman, 294 Kan. 84, 93, 273 P.3d 701 (2012) (ambiguity can arise because 'various statutes are in conflict); Mcullough v. Wilson, 426 P.3d 494, 499 (Kan. 2018) (“the absence of language in a statute can create an ambiguity”). All of this in addition to directly conflicting with the common standards the legislature is presumed to use. 27Ann Mah, the 2012 Democratic candidate for the 54th District of the House of Representatives, filed an open records request with the Shawnee County Election Commissioner to obtain the names of provisional ballot voters in her District four days before the county canvass. The commissioner denied her request and she successfully petitioned the court for their release. The Kansas Secretary of State’s office filed an action in federal court to enjoin the release, which was unsuccessful. See Hearing on SB 177 Before the S. Comm. on Ethics, Elections and Local Gov’t, 85th Leg., 2013 Sess. (Kan. 2013) (statement of Ann Mah), available at http://www.kslegislature.org/li_2014/b2013_14/committees/misc/ctte_s_ethics_electns_1_20130226_06_other.pdf.
15 2013 Sess. (Kan. 2013) (statement of Kris Kobach, Sec. of State), available at http://www.kslegislature.org/li_2014/b2013_14/committees/misc/ctte_s_ethics_electns_1_20130
220_01_other.pdf. Secretary Kobach suggested this was because “providing provisional voters’ names to candidates effectively extends the campaign period for six to ten days after the election.”
Id. As such, SB122 amended K.S.A. § 25-2422(b) to state: “The name of any voter who has cast a ballot shall not be disclosed from the time the ballot is cast until the final canvass of the election by the county board of canvassers.” 2013 Kan. Sess. Laws 504, L. 2013, ch. 101, § 1.
But this is not the only change SB122 made. Prior to 2013, K.S.A. § 25-2422 stated that
“Disclosing or exposing the contents of any ballot or the manner in which the ballot has been voted” (emphasis added), see K.S.A. § 25-2422 (2012), was an unauthorized voting disclosure.
This language prevented public disclosure as to whether a voter cast a provisional or regular ballot.
Indeed, this is the precise language Secretary Kobach relied upon in 2012 when he instructed county clerks not to release lists of provisional ballot voters to the public under KORA.28 This same language remained unchanged in the original bill that was introduced. See Kan. SB 177 (as introduced Feb. 12, 2013), available at http://www.kslegislature.org/li_2014/b2013_14/measures/documents/sb177_00_0000.pdf.
However, following a hearing on February 20, 2013, the Senate Committee on Ethics,
Elections, and Local Government amended the bill to exclude this language altogether. See Kan.
S. Comm. on Ethics, Elections and Local Gov’t, SB 177 (draft of Feb. 27, 2013), available at http://www.kslegislature.org/li_2014/b2013_14/measures/documents/sb177_01_0000.pdf. The altered provision, current in K.S.A. § 25-2422(a)(1), reads that “Disclosing or exposing the contents of any ballot, whether cast in a regular or provisional manner, or the name of any voter
28 Secretary of State Memorandum, Nov. 8, 2012, Doc. 1-1 at 6-7, Mah v. Bd. of County Commissioners of Shawnee County, 5:12-cv-04148-JTM-KGG (D. Kan. 2012).
16 who cast such ballot except as ordered by a court in an election contest” is an unauthorized voting disclosure. It would therefore seem that the Senate Committee intended to remove the prohibition on disclosing the manner in which a person voted (provisionally or by a regular ballot).
But we need not guess at the legislature’s intent. According to the Kansas Legislative
Research Department’s Summary of SB122,29 the Senate Committee’s amendment “modifie[d] this condition to specify the ballot could be a regular or provisional ballot and eliminate[d] from the condition disclosure of the manner in which the ballot has been voted.” 2013 Summary of
Legislation at 34, KAN. LEG. RESEARCH DEP’T (2013), available at http://www.kslegresearch.org/KLRD- web/Publications/SummaryofLegislation/2013_summary_of_legislation.pdf.
In other words, the Legislative Research Department statement of the legislature’s intended changes is fully consistent with the plain language reading of the amended text as described by Plaintiffs in the prior section. The phrase “whether cast in a regular or provisional manner” is a modifying phrase clarifying that the contents of both provisional and regular ballots
(i.e. who was voted for on the ballot) will not be disclosed. Meanwhile, the specific prohibition on revealing the names of those who voted a provisional ballot as opposed to a regular ballot—the manner of voting— was intentionally deleted.
Moreover, the only court to consider the statutory change to K.S.A. § 25-2422(a)(1) after
SB122 agreed with this interpretation. See Mah v. Bd. Of County Comm’rs, No. 12-4148-JTM,
29 Although the Kansas Supreme Court has cautioned the use of supplemental notes produced by the Legislative Research Department as legislative history because they clearly state that they do not express legislative intent, McCracken v. Kohl, 286 Kan. 1114, 1122 (Kan. 2008), Legislative Research Department bill summaries do not bear the same warning statement, and Kansas appellate courts have regularly examined bill summaries as legislative history even after the Kansas Supreme Court’s decision in McCracken. See, e.g., State v. Umphenour, Case No. 116,577, 2018 Kan. App. Unpub. LEXIS 383, at *24 (Kan. App. May 18, 2018); State v. Dawson, Case No. 113,233, 2016 Kan. App. Unpub. LEXIS 354, at *9 (Kan. App. May 13, 2016); T.N.Y. v. E.Y., 51 Kan. App. 2d 956, 967 (Kan. App. 2015); Roberts v. Midwest Mineral, Inc., 41 Kan. App. 2d 603, 608 (Kan. App. 2009).
17 2012 U.S. Dist. LEXIS 163248, at *9 (D. Kan. Nov. 15, 2012) (“the newly amended Kan. Stat.
Ann. § 25-2422(b) prevents the names of provisional voters from being disclosed until the final canvass of the county board of canvassers”) (emphasis added). Nor is the change inconsistent with the purposes of SB122 as articulated by Secretary Kobach, the goal being to prevent disclosure of provisional ballot lists prior to the final canvass in an election. See Hearing on SB 177 Before the
S. Comm. on Ethics, Elections and Local Gov’t, 85th Leg., 2013 Sess. (Kan. 2013) (statement of
Kris Kobach, Sec. of State).30
Finally, if the 2013 legislature intended K.S.A. § 25-2422(a)(1) to prohibit disclosure of the names of voters categorically, it would not have added what was then subsection (b) to prohibit disclosure between the election and the canvass. The “election to canvass” restriction on the release of names of regular and provisional voters would be superfluous if the language in (a)(1) indeed created a permanent restriction on the release of voter names as Defendant claims. See State v. Fisher, 304 Kan. 242, 268, 373 P.3d 781 (2016) (“we do not interpret statutes in such a manner as to render portions superfluous or meaningless.'" (citing State v. Van Hoet, 277 Kan. 815, 826-
27, 89 P.3d 606 [2004])).
In 2018, the 89th Kansas Legislature further amended K.S.A. § 25-2422 through SB 336.
The only change made under SB 336 was the removal of the temporal restriction that had been added for the first time in SB122, by deletion of the following language from K.S.A. § 25-2422(b):
“The name of any voter who has cast a ballot shall not be disclosed from the time the ballot is cast until the final canvass of the election by the county board of canvassers.” 2018 Kan. Sess. Laws
30 In fact, in Ann Mah’s testimony speaking against SB 122, she took as a given that the prohibition on the disclosure of provisional ballot lists would only be prohibited until after the canvass. See supra note 25. This was the entire nature of the discussion surrounding SB 122.
18 732, L. 2018, ch. 87, § 2. In doing so, the legislature made all voter lists, both lists of provisional and regular ballot voters, available to the public even before the final canvass for an election.
The legislative history of SB 336 tells us that this is precisely the outcome intended.31 The
House Judiciary Committee introduced the amendment to K.S.A. § 25-2422 during a hearing held on SB 336 on March 20, 2018. Towards the end of the hearing, the Judiciary Committee voted to add the contents of SB 295, a bill titled “Legislative Review of Exceptions to Disclosure of Public
Records,” to SB 336. When Committee Chairman Blaine Finch called for amendments to the contents of SB 295, Representative Vic Miller from Topeka introduced an amendment that would
“remove the closure enacted” to restrict public access to records relative to voting.32 Specifically,
Miller explained the difficulties the restriction on public access to voter lists between the election and canvass causes to candidates in close elections. In response to Representative Miller’s proposal, Committee Chairman Blaine Finch stated “if I understand this correctly based on the strike in the balloon, current law would be that the name of the voter who cast a ballot should not be disclosed and by striking that, it can be disclosed? At any time between the vote and the canvass?” Representative Miller responded “when you’re contesting an election and you have information that someone was a convicted felon and may have voted in an election, it is kind of
31 It is worth noting that SB 336 is an omnibus sunshine bill that was principally drafted to remove public access restrictions to information maintained by DCF and police departments regarding child deaths and body cam footage, respectively. See Laura Bauer and Hunter Woodall, Kansas Passes Bill to Open State Secrets on Child Deaths, Police Shootings KANSAS CITY STAR, May 1, 2018 (https://www.kansascity.com/news/politics- government/article209883924.html).
32 Hearing Before the H. Comm. on Judiciary, 87th Leg., 2018 Sess., at 5:23:30 (Kan. March 20, 2018) (statement of Rep. Vic Miller) (“Having represented a number of people on election contests, it made it very difficult to thoroughly review and represent someone who may have been shorted on an election. This just removes that, that closure that was enacted”), available at http://sg001- harmony.sliq.net/00287/Harmony/en/PowerBrowser/PowerBrowserV2/20180320/8/2833#info_. Kansas courts have long recognized that statements made during committee meetings reveal legislative intent. Manhattan v. Eriksen, 204 Kan. 150 (1969); State v. Quested, 302 Kan. 262, 282, 352 P.3d 553, 565 (Kan. 2013)(citing the house and senate judiciary committee minutes as evidence of the legislature’s clear intent to curtail judicial discretion in sentencing when passing the sentencing guidelines).
19 nice to know whether they had impact on the election and actually voted. And you have a very short time frame to discover those things and prove them up and if you don’t even have access to the names of the people who voted, which aren’t going to already be public, that makes it very difficult to do in honest contest.”33
Ranking minority member Representative John Carmichael voiced his support for the amendment, providing a recitation of the legislative history of SB 122 and explaining that “it’s not a secret who votes in elections in America and it shouldn’t be a secret who votes, the secret is how did you vote?”34 Representative Carmichael concluded his remarks by summarizing the proposed amendment for the committee as “this reopens so that all of us know who participated in the election. That is what it’s about.”35 With the exception of Representative Scott, only
Representatives Miller, Finch, and Carmichael offered a statement about the amendment during the hearing. Two days after the hearing, the committee recommended the bill, including that its amendments to K.S.A. § 25-2422 be passed and the House voted to pass the bill on March 29,
2018. While SB 336 underwent minor changes in conference committee following its passage in the House, no amendments were made to the proposed change to K.S.A. § 25-2422—which the
House categorized in the conference committee report brief as an amendment to the KORA
Exceptions, noting “the language was modified to remove, rather than continue, an exception regarding certain voter information.” H. Conf. Comm. Rep. Brief on H. Sub. for SB 336 (Kan.
2018), available at http://www.kslegislature.org/li/b2017_18/measures/documents/ccrb_sb336_01_0000.pdf.
33 Hearing Before the H. Comm. on Judiciary, 87th Leg., 2018 Sess., at 5:25:42-5:26:39 (Kan. March 20, 2018). 34 Id. at 5:28:40-5:28:52. 35 Id. at 5:28:51-5:29:00.
20 After the bill was passed the Kansas Legislative Research Department Summary of
Legislation described SB 336’s amendment to K.S.A. 25-2422(a)(1) as follows: “the bill removes an exception preventing the disclosure of the name of any voter who has cast a ballot from the time the ballot is cast until the final canvass of the election by the county board of canvassers.”
2018 Summary of Legislation at 147, KAN. LEG. RESEARCH DEP’T (2018), available at http://www.kslegresearch.org/KLRDweb/Publications/SummaryofLegislation/2018_summary_o f_legislation.pdf. The amendment is under the heading titled “Continuation and Elimination of
KORA Exceptions.” Id.
The three legislators who discussed SB 336’s amendment to K.S.A. 25-2422 clearly understood the bill to remove the temporal restriction on public access to the names of voters and eliminate that exception to the Kansas Open Records Act. Furthermore, these legislators discussed that voter lists could be used by candidates to fairly contest an election before the canvass, thereby implying their understanding that lists of both provisional voters and regular ballot voters would be available under the law. The Kansas Office of Revisor staff explained to the committee members that the amendment would remove a KORA exception and make the information open to the public. An explanation of the amendment that was later included in the annual legislative summary also explained the amendment as eliminating a KORA exception. Finally, if the statements of multiple legislators and the legislative research department were not sufficient evidence of legislative intent, the amendment in SB 336 was passed as part of a larger government transparency bill. These historical circumstances conclusively establish what the text of K.S.A.
25-2422 states on its face—that while the specific ballot contents of a ballot cannot be disclosed, whether and why someone’s vote did not count is not protected information under state law.
21 E. The Constitutional Right to Informational Privacy Does Not Create an Exception to KORA.
Defendant Schwab also claims—absent any authority—that the constitutional right to informational privacy prevents the disclosure of provisional ballot voter information, including the names of provisional ballot voters. But the constitutional right to informational privacy requires only that highly sensitive and confidential personally identifying information, such as social security numbers, cannot be disclosed absent sufficient procedural safeguards. Moore v. Kobach,
359 F. Supp. 3d 1029, 1049 (D. Kan. 2019) (noting that “information must be entitled to a legitimate expectation of confidentiality” before constitutional protection applies). Maintaining the secrecy of how and for whom a person voted for may indeed be entitled to constitutional protection as well. See, e.g., Anderson v. Mills, 664 F.2d 600, 608 (“Although the US Constitution does not specifically guarantee that a person has a right to a secret ballot, such a right has been recognized as one of the fundamental civil liberties of our democracy”). But whether the State counted a person’s vote or rejected their ballot on a technicality— information the State does not proactively share with the impacted voter themselves— is not sensitive personal information and is instead only sensitive in that it identifies the magnitude of disenfranchisement caused by state election procedures.
The only case to which Defendant Schwab cites as authority for the position that provisional ballot voter lists contain purportedly sensitive, constitutionally-protected is a case in which the Secretary of State’s Office was unsuccessful in preventing the disclosure of provisional ballot voter lists and the constitutional right to informational privacy was not mentioned at all.
Mah, 2012 U.S. Dist. LEXIS 163248, at *6-*9.
22 II. PLAINTIFFS WILL SUFFER IRREPARABLE HARM AS A RESULT OF DENIAL OF THEIR ACCESS TO PUBLIC RECORDS. Irreparable injury for the purposes of a preliminary injunction requires a showing that a reasonable probability exists of prospective injury. See Bd. of Cnty. Comm’rs of Leavenworth Cnty. v. Whitson, 281 Kan. 678, 683, 132 P.3d 920 (Kan. 2006). As a preliminary matter, it is worth noting that depriving an individual of information constitutes a legally cognizable harm under
KORA and other statutes that provide access to information. See, e.g., Stephens v. Van Arsdale,
227 Kan. 676, 683 (Kan. 1980) (finding Plaintiff sustained an injury when the Public Citizen v.
Dep’t of Justice, 491 U.S. 440, 449 (1989) (finding DOJ’s refusal to permit plaintiffs to scrutinize the ABA Committee's minutes and records constituted a sufficiently distinct injury to provide standing to sue, invoking the court’s FOIA jurisprudence and noting “Our decisions interpreting the Freedom of Information Act have never suggested that those requesting information under it need show more than that they sought and were denied specific agency records. There is no reason for a different rule here”).
Here the harm Plaintiffs will face through continued deprivation of access to provisional ballot information is irreparable due to the time-sensitive nature of their request— namely the impending 2020 primary election. First, without the requested data, Plaintiffs will be unable to help Kansas voters resolve the issues that led to their ballot being rejected before an important election in which dozens of state and federal races are being contested. Plaintiffs will also be precluded from fulfilling their mission to protect Kansans’ right to vote absent a favorable preliminary injunction order from this Court. Second, Plaintiffs face a loss of— rather than delay of— the provisional ballot data they requested. The ELVIS database, which stores the provisional ballot data Plaintiffs requested, periodically deletes provisional ballot reports in advance of the next election. Waiting for a resolution until after the 2020 election will result in the destruction of
23 the 2018 provisional voter data that Plaintiffs’ seek. Regardless, Plaintiffs will be unable to receive
August 2020 primary election data to help Kansas voters cure any provisional ballot deficiencies in the few days prior to the final canvass unless this Court declares and orders that this information must be disclosed by Defendant Schwab under KORA. Finally, the mere fact that Plaintiffs are being deprived of information to which they are entitled causes irreparable harm.
III. THE BALANCE OF EQUITIES WEIGHS STRONGLY IN FAVOR OF PLAINTIFFS. The balance of equities strongly favors the grant of a preliminary injunction. Defendant will not be injured by allowing Plaintiffs access to provisional ballot voter information. Dozens of counties—including the state’s three largest counties—have already granted Plaintiffs access to the precise provisional voter information requested here.36 The counties were able to disclose the provisional ballot voter information at little cost or staff time through a simple database report.
Further, no harm has befallen those counties since they released the requested information. Even if Defendant Schwab was able to articulate a burden associated with releasing the provisional ballot voter data Plaintiffs requested, the injury that Plaintiffs face—the inability to fulfill their mission of helping voters and the potential destruction of the voter records—far outweighs that burden.
IV. PRELIMARINARY INJUNCTION WILL SERVE THE PUBLIC INTEREST. To obtain a preliminary injunction, there must be a showing that “the injunction, if issued, would not be adverse to the public interest.” Whitson, 281 Kan. at 683. Here, the granting of a
36 See Petition Ex. F, ¶ 5 & Exhibit 1 thereto, at 40-56 (response to KORA request listing Douglas County provisional ballot voter summary and listing names of all provisional ballot voters and the reasons their ballot was rejected); 110- 25 (response to KORA request listing Johnson County provisional ballot voters and the reasons their ballot was rejected); 370-80 (response to KORA request listing Wyandotte County provisional ballot voters and the reasons their ballot was rejected); see also id. at 17 (KORA response showing a print-out of the ELVIS Provisional Ballot Report for Cherokee County with all provisional voter information, but with SSN information redacted as required by state law).
24 preliminary injunction would greatly further the public interest. The release of the requested data will help ensure properly registered voters who have been disenfranchised in the past will have their ballots counted in the future. Moreover, the public interest is served by Defendant Schwab’s compliance with past judicial orders and state and federal law. See, e.g., Acme Refrigeration
Supplies v. Acme Refrigeration, 961 F. Supp. 936, 941 (E.D. La. 1996) (“Granting of a preliminary injunction would ensure compliance with both state and federal laws. Any time that a state or federal law is enforced the public interest is served”). Defendant is violating the precedent of this
Court and that of the United States District Court for the District of Kansas through its KORA denial. The requested preliminary injunction would therefore ensure compliance with binding law.
CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that this Court order the release of the names of provisional ballot voters from the 2018 General Election to Plaintiffs on or before
July 14, 2020, and such other relief as the Court deems just and proper.
Dated: June 24, 2020
Respectfully submitted,
/s/ Lauren Bonds LAUREN BONDS, 27807 ZAL SHROFF, 28013 ACLU Foundation of Kansas 6701 W 64th Street, Suite 210 Overland Park, KS 66202 Tel: (913) 490-4114 Fax: (913) 490-4119
25 CERTIFICATE OF SERVICE I hereby certify that on this 24th day of June, 2020, I electronically filed the foregoing with the Clerk of the District Court’s electronic filing system which will serve all registered participants and a copy was also served by email to counsel for the Kansas Secretary of State, Garrett Roe
([email protected]) and Clay Barker ([email protected]).
/s/ Lauren Bonds______Lauren Bonds
26
EXHIBIT A
EXHIBIT B Davis Hammet
Response to Open Records Request
Barker, Clay [KSOS]
The response to your open records request is attached.
Clayton Barker
785-296-3483
KORA Resp Hammet 2019 9 9 .pdf 504K
EXHIBIT C Davis Hammet
Response to Open Records Request
Davis Hammet
Mr. Barker,
In regards to 52 U.S.C. 21082(a), the U.S. District Court for the District of Kansas found it “does not protect the names of the voters who cast provisional ballots” in Mah v. Shawnee County Commission, Kobach.
The U.S. District Court for the Southern District of Ohio found “Miami County would have the Court interpret the statutes to mean that the person who cast the provisional ballot is the only entity with legitimate access to information on the ballot. Not so. Nothing in the plain language of the above-quoted statutes suggests that the voter who cast the provisional ballot is the only entity that may ascertain whether her ballot was counted. Further, the implications of that interpretation would be absurd. Indeed were the voter the only entity with access to such information, all oversight of the process of ballot handling, including judicial oversight, would be rendered impossible.”
The Superior Court of the State of Washington found “it is clear that HAVA only precludes disclosure of for whom (or for what) the provisional voter voted, not whether that voter’s ballot had been counted or the identity of that provisional voter.”
The Ohio and Washington rulings are attached. I reiterate my KORA request.
Thank you, Davis Hammet
On Mon, Sep 9, 2019 at 1:52 PM Barker, Clay [KSOS]
The response to your open records request is attached.
Clayton Barker
785-296-3483
2 attachments WSDCCorder2.pdf 340K Northeast Ohio Coalition for the Homeless v. Husted_ 20.PDF 115K
Northeast Ohio Coalition for the Homeless v. Husted
United States District Court for the Southern District of Ohio, Eastern Division January 29, 2016, Decided; January 29, 2016, Filed Case No. 2:06-CV-896
Reporter 2016 U.S. Dist. LEXIS 10790 * Columbus, OH; H. Ritchey Hollenbaugh, Carlile Patchen & THE NORTHEAST OHIO COALITION FOR THE Murphy - 2, Columbus, OH; Jared Michael Klaus, Porter, HOMELESS, et al., Plaintiffs, v. JON HUSTED, in his Wright, Morris & Arthur LLP, Columbus, OH. Michael John official capacity as Secretary of the State of Ohio, et al., Hunter, Hunter Carnahan & Shoub & Byard, Columbus, OH; Defendants. Paul Gerard Hallinan, Porter Wright Morris & Arthur - 3, Dayton, OH. Subsequent History: Motion granted by, in part, Motion denied by, in part Northeast Ohio Coal. for the Homeless v. For Kyle Wangler, Plaintiff: Subodh Chandra, LEAD Husted, 2016 U.S. Dist. LEXIS 20296 (S.D. Ohio, Feb. 19, ATTORNEY, Sandhya Gupta, The Chandra Law Firm, LLC, 2016) Cleveland, OH; Caroline Gentry, Porter Wright Morris & Arthur, Dayton, OH; H. Ritchey Hollenbaugh, Carlile Patchen Prior History: Northeast Ohio Coalition v. Husted, 2014 & Murphy - 2, Columbus, OH; Jared Michael Klaus, Porter, U.S. Dist. LEXIS 137320 (S.D. Ohio, Sept. 29, 2014) Wright, Morris & Arthur LLP, Columbus, OH; Lindsay M Sestile, Assistant Attorney General, Education Section, Ohio Counsel: [*1] For Subodh Chandra, Interested Party: Attorney General's Office, Columbus, OH. Paul Gerard Alphonse Adam Gerhardstein, LEAD ATTORNEY, Hallinan, Porter Wright Morris & Arthur - 3, Dayton, OH; Gerhardstein & Branch Co. LPA, Cincinnati, OH; John Stephen P Berzon, Altshuler Berzon LLP, San Francisco, CA. Joseph Kulewicz, Vorys Sater Seymour & Pease - 2, Columbus, OH. For Columbus Coalition for the Homeless, Plaintiff: Subodh Chandra, LEAD [*3] ATTORNEY, Sandhya Gupta, The For Thomas E. Niehaus, Louis W. Blessing, Jr., Interested Chandra Law Firm, LLC, Cleveland, OH; Ana Crawford, Parties: W Stuart Dornette, LEAD ATTORNEY, John B Paul Gerard Hallinan, Porter Wright Morris & Arthur - 3, Nalbandian, Taft Stettinius & Hollister - 1, Cincinnati, OH; Dayton, OH; Caroline Gentry, Porter Wright Morris & Beth A. Bryan, Taft Stettinius & Hollister, Cincinnati, OH. Arthur, Dayton, OH; Donald P Screen, Cleveland, OH; H. For The Northeast Ohio Coalition for the Homeless, Plaintiff: Ritchey Hollenbaugh, Carlile Patchen & Murphy - 2, Subodh Chandra, LEAD ATTORNEY, Sandhya Gupta, The Columbus, OH; Jared Michael Klaus, Porter, Wright, Morris Chandra Law Firm, LLC, Cleveland, OH; Ana Crawford, & Arthur LLP, Columbus, OH; Lindsay M Sestile, Assistant Paul Gerard Hallinan, Porter Wright Morris & Arthur - 3, Attorney General, Education Section, Ohio Attorney Dayton, OH; Andrew J Gottman, Ashlie Case Sletvold, General's Office, Columbus, OH; Stephen P Berzon, Cleveland, OH; Barbara J Chisholm, Danielle E Leonard, Altshuler Berzon LLP, San Francisco, CA. PRO HAC VICE, Stephen P Berzon, Altshuler Berzon LLP, For Ohio Democratic Party, Intervenor Plaintiff: Donald San Francisco, CA; Caroline Gentry, Porter Wright Morris & Joseph McTigue, LEAD ATTORNEY, Mark Alan McGinnis, Arthur, Dayton, OH; Donald P Screen, Cleveland, OH; H. McTigue & McGinnis LLC, Columbus, OH; H. Ritchey Ritchey Hollenbaugh, Carlile Patchen & Murphy - 2, Hollenbaugh, LEAD ATTORNEY, Carlile Patchen & Columbus, OH; Jared Michael Klaus, Porter, Wright, Morris Murphy - 2, Columbus, OH Subodh Chandra, LEAD & Arthur LLP, Columbus, OH. ATTORNEY, Sandhya Gupta, The Chandra Law Firm, LLC, For Service Employees International Union, Local 1199, Cleveland, OH; Barbara J Chisholm, Danielle E Leonard, Plaintiff: Subodh Chandra, LEAD ATTORNEY, Sandhya PRO HAC VICE, Altshuler Berzon LLP, San Francisco, CA; Gupta, The Chandra Law Firm, LLC, Cleveland, [*2] OH; Carl A Aveni, II, Carlile Patchen & Murphy LLP, Columbus, Ashlie Case Sletvold, Cleveland, OH; Barbara J Chisholm, OH. Danielle E Leonard, Stacey M Leyton, PRO HAC VICE, For Jon Husted, in his official capacity as Secretary of the Stephen P Berzon, Altshuler Berzon LLP, San Francisco, CA; State of Ohio, Defendant: Ryan L. Richardson, LEAD Caroline Gentry, Porter Wright Morris & Arthur, Dayton, ATTORNEY, Brodi J. Conover, Ohio Attorney General's OH; Cathrine J Harshman, Hunter Carnahan Shoub & Byard, Office, Constitutional [*4] Offices Secton, Columbus, OH;
Mary Bata Page 2 of 5 2016 U.S. Dist. LEXIS 10790, *4
Zachery Paul Keller, LEAD ATTORNEY, Ohio Attorney Elections' ("Miami County") January 22, 2016 Motion to General, Constitutional Offices, Columbus, OH; Amanda L Quash (Doc. 515) and Plaintiffs' The Ohio Coalition for the Scheeser, Ohio Attorney General, Environmental Homeless, et al. ("NEOCH") Motion for Extension of Time Enforcement Section, Columbus, OH; Joseph Norbert (Doc. 516). Miami County's Motion to Quash is DENIED. Rosenthal, Ohio Attorney General's Office, Employment Law NEOCH's Motion for Extension of Time is GRANTED [*6] Section, Columbus, OH; Sarah Elaine Pierce, Ohio Attorney in part and DENIED in part. General's Office, Constitional Offices Section, Columbus, OH; Sharon A Jennings, Ohio Attorney General - 2, Chief Counsel's Staff Section, Columbus, OH; Steven T Voigt, Ohio I. Brief Background Attorney General's Office, Constitutional Offices Section, Columbus, OH; Tiffany L. Carwile, Ohio Attorney General, On January 25, 2016, Plaintiffs filed a Motion for Extension Constitutional Offices Section, Columbus, OH. of Time to extend deadlines for the matter. (Doc. 516.) Plaintiffs sought to change the case schedule by pushing back For Lucas County Board of Elections, Respondent: Maureen the deadline for discovery to April 15, 2016 in preparation for O'Leary Atkins, LEAD ATTORNEY, Toledo, OH. a trial to commence in mid-June. For Miami County Board Of Elections, MC Board Of Plaintiffs argue that, although Plaintiffs have so far Elections is responding to a subpoena duces tecum, discovered "strong evidence" that certain county elections Respondent: Christopher L Englert, LEAD ATTORNEY, boards have engaged in impermissible elections behavior, Preble County Prosecutor - 3, Eaton, OH. Plaintiffs need more time to conduct more discovery. (Doc. For Franklin County Board of Elections, Material Witness: 516 1.) Nick A Soulas, Jr, LEAD ATTORNEY, Franklin County Prosecutor's Office, Columbus, OH. Plaintiffs further allege resistance on the part of counties who are refusing to produce relevant evidence, (Doc. 516 2), For Clermont County Board of Elections, Material Witness: including Miami County's Motion to Quash, which claims Mary Lynne Birck, Prosecuting [*5] Attorney's Office, that Plaintiffs' subpoena "fails to allow for a reasonable time Batavia, OH. in which the Board may comply with the subpoena," deeming For State Of Ohio, Intervenor: Craig A Calcaterra, LEAD the subpoena "burdensome and oppressive," and arguing that ATTORNEY, Ohio Attorney General's Office, Columbus, the subpoena "requires the disclosure of documents and/or OH; Ryan L. Richardson, Aaron D Epstein, LEAD information which is prohibited by law." (Doc. 515 3.) ATTORNEYS, Brodi J. Conover, Ohio Attorney General's Office, Constitutional Offices Secton, Columbus, OH; Sarah Plaintiffs contend that certain defendants have recently Elaine Pierce, Ohio Attorney General's Office, Constitional suggested that a protective order must be entered before those Offices Section, Columbus, OH; Sharon A Jennings, Ohio defendants, under Ohio's Public Records Act, can Attorney General - 2, Chief Counsel's Staff Section, protect [*7] certain confidential documents from public Columbus, OH; Steven T Voigt, Ohio Attorney General's release. (Doc. 516 2.) Office, Constitutional Offices Section, Columbus, OH; Defendants responded in opposition to Plaintiffs' Motion for Tiffany L. Carwile, Ohio Attorney General, Constitutional Extension of Time on January 26, 2016. (Doc. 517.) Offices Section, Columbus, OH; Zachery Paul Keller, LEAD Defendants argue that Plaintiffs failed to justify their request ATTORNEY, Ohio Attorney General, Constitutional Offices, for an extension, and Defendants say that the case is actually Columbus, OH. "notable for the lack of discovery problems," and that he was "surprised" when Plaintiffs "reached out on the last day of Judges: ALGENON L. MARBLEY, UNITED STATES discovery to request a three month extension of the case DISTRICT JUDGE. Magistrate Judge Terence P. Kemp. schedule." (Id. 2.) Defendants argue that Plaintiffs' claims Opinion by: ALGENON L. MARBLEY regarding the foot-dragging of the counties "defy reality," (id. 3), and that the January 22, 2016 motion to quash filed by the Opinion Board of Elections of Miami County, mentioned above, is the only example Plaintiffs can cite. Defendants further argue that more discovery is unwarranted and would significantly prejudice Defendants. (Id. 4-5.)
OPINION & ORDER The Court held a telephonic status conference on January 28, 2016 to address the above-referenced matters. (See Doc. 518.) Before the Court are Respondent Miami County Board of
Mary Bata Page 3 of 5 2016 U.S. Dist. LEXIS 10790, *7
At the telephonic status conference parties' concerns were information on the provisional ballot affirmation under addressed and the following agreement reached: counsel for division (B)(3) of this section. Plaintiffs and Defendants are to confer and draft a protective order to be filed with the Court [*8] on or before February 1, Miami County would have the Court interpret the statutes to 2016. The terms of the protective order will protect the mean that the person who cast the provisional ballot is the confidentiality of voters. Counsel for Miami County only entity with legitimate access to information on the expressed concern in its motion to quash and at the above- ballot. [*10] Not so. Nothing in the plain language of the referenced telephonic status conference that disclosure of above-quoted statutes suggests that the voter who cast the certain voter information on election paperwork to third provisional ballot is the only entity that may ascertain whether parties would violate Ohio Revised Code § 3505.181(B)(5)(b) her ballot was counted. Further, the implications of that and 52 U.S.C. § 15482(a)(5)(B). Specifically, counsel argue interpretation would be absurd. Indeed were the voter the only that these statutes entity with access to such information, all oversight of the indicate that only the voter who cast a ballot process of ballot handling, including judicial oversight, would provisionally may ascertain whether his or her ballot was be rendered impossible. counted. Under these provisions of law, only the names of voters and the precincts in which they cast their Due to the lack of any argument or authority supporting provisional ballots are subject to disclosure to persons Miami County's interpretation of the statutes, the Court rejects other than the voter itself [sic]. Thus, to turn over to the it. See Deutsche Bank Nat. Trust Co. v. Tucker, 621 F.3d 460, Plaintiffs rejected provisional ballots would be a 463 (6th Cir. 2010) ("If the statutory language is violation of law. unambiguous, the judicial inquiry is at an end, and the plain meaning of the text must be enforced") (internal quotations (Doc. 515 at 5.) This is incorrect for multiple reasons. omitted); see also State v. Kreischer, 109 Ohio St.3d 391, Preliminarily, 52 U.S.C. § 15482(a)(5)(B) is not part of the 2006 Ohio 2706, 848 N.E.2d 496 (2006) ("When the language United States Code. Counsel most likely meant to refer to 42 of a statute is plain and unambiguous and conveys a clear and U.S.C. § 15482, the Help Americans Vote Act ("HAVA"),1 definite meaning, there is no need for [the] court to apply which was transferred to 52 U.S.C. § 21082. It reads: rules of statutory interpretation.").
The appropriate State or local election official shall At the conference, Plaintiffs sought leave to depose establish a free access system (such as a toll-free representatives from fourteen additional county boards of telephone number or an Internet website) that any elections. Defendants oppose Plaintiffs' request. The Court individual who casts a provisional [*9] ballot may directs Plaintiffs to file a motion and supporting memorandum access to discover whether the vote of that individual on or before February 1, 2016 setting forth the [*11] factual was counted, and, if the vote was not counted, the reason bases for the requested depositions. Plaintiffs must that the vote was not counted. demonstrate that the requested depositions will produce Ohio Revised Code § 3505.181(B)(5)(b) reads: information relevant to Plaintiffs' claims or defenses. If, at the time that an individual casts a provisional Defendants will have until February 8, 2016 to respond in ballot, the individual provides identification in the form opposition. All other deadlines as expressed in the September of a current and valid photo identification, a military 25, 2015 Scheduling Order remain in effect, which are: identification, or a copy of a current utility bill, bank statement, government check, paycheck, or other Go to table1 government document, other than a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the individual's II. ORDER name and current address, or provides the individual's driver's license or state identification card number or the Miami County's Motion to Quash is DENIED. NEOCH's last four digits of the individual's social security number, Motion for Extension of Time is GRANTED in part and the individual shall record the type of identification DENIED in part. provided or the driver's license, state identification card, IT IS SO ORDERED. or social security number information and include that /s/ Algenon L. Marbley
ALGENON L. MARBLEY 1 Thomas v. New York City Bd. of Elections, 898 F. Supp. 2d 594, 597 (S.D. New York 2012).
Mary Bata Page 4 of 5 2016 U.S. Dist. LEXIS 10790, *11
UNITED STATES DISTRICT JUDGE
DATED: [*12] January 29, 2016
Mary Bata Page 5 of 5 2016 U.S. Dist. LEXIS 10790, *12
Table1 (Return to related document text) February 1, 2016 Motions for summary judgment due
February 15, 2016 Responses to motions for summary judgment due
February 22, 2016 Replies to motions for summary judgment
March 1, 2016 Oral argument on motions for summary judgment
March 2, 2016 Motions in limine, pretrial motions, designation of deposition portions, witness statements, stipulations, and exhibit lists due
March 8, 2016 Memoranda contra pretrial motions or motions in limine, objections to deposition designations due, and final pretrial order
March 10, 2016 Final pretrial conference, submission of trial briefs due
March 16, 2016 Trial - opening statements and presentation of evidence. Table1 (Return to related document text)
End of Document
Mary Bata
EXHIBIT D Davis Hammet
Update on Sec of State KORA request
Barker, Clay [KSOS]
Enclosed is an update on your request regarding provisional ballots.
Clayton Barker
Deputy General Counsel, Secretary of State
785-296-3483
KORA Update Hammet Sep 24 2019.pdf 481K
EXHIBIT E
EXHIBIT F THIRD JUDICIAL DISTRICT SHAWNEE COUNTY DISTRICT COURT CIVIL DEPARTMENT
LOUD LIGHT & ) DAVIS HAMMET, ) ) Plaintiffs, ) ) Case No. ______v. ) Div. No. ______) SCOTT SCHWAB, ) Kansas Secretary of State, in his official ) capacity, ) ) ) Defendant. ) )
DECLARATION OF DAVIS HAMMET, FOUNDER OF LOUD LIGHT
1. My name is Davis Hammet, and I am a resident of Topeka, Kansas. I have a B.S. in
Political Science from Florida State University, and hold certificates in Urban Planning and
Regional Development as well as Intensive Research Methods. I am the founder of Loud Light, an
organization that works to advance civic participation among young people and mobilize
underrepresented communities in Kansas.
2. Following the 2018 primary election in Kansas—a historically close gubernatorial election
during which the large number of uncounted provisional ballot votes cast serious doubt over who
had won the election— Loud Light began to focus its research on issues pertaining to provisional
ballots in Kansas. In particular, Loud Light and I set out to identify how many voters in each
county were required to vote a provisional ballot or had their ballot designated as provisional, and
why their ballot was not counted.
3. Loud Light and I sought these records to analyze them and use our findings to inform the
public, the Kansas legislature, county election officials, and the Secretary of State of the most
1 common reasons provisional ballots result in Kansas citizens having their votes uncounted and potential inconsistent applications of provisional rejection standards in counties across the state.
4. Loud Light and I also sought to create a voter assistance program to help Kansans who had voted provisionally correct any curable deficiencies and ensure that their vote was ultimately counted before the final election canvass. For example, if we learn that a voter’s ballot was marked provisional because they had not presented a valid form of ID at the polling place, we would try to inform them of the need to do so in time for their vote to be counted.
5. As a part of this work, Loud Light and I began sending out a large number of Kansas Open
Records Act (KORA) requests to election officials across the state asking them to disclose the names of all provisional ballot voters in their county and the reasons their votes were marked provisional or did not count. To date, I have either received or been offered this provisional ballot voter information from over 60 counties—including: Allen, Bourbon, Butler, Chautauqua,
Cherokee, Clay, Cloud, Cowley, Crawford, Dickinson, Doniphan, Douglas, Edwards, Elk, Ellis,
Franklin, Gove, Graham, Grant, Greeley, Greenwood, Hamilton, Harper, Harvey, Haskell,
Hodgeman, Jackson, Johnson, Kearny, Kingman, Kiowa, Labette, Lane, Leavenworth, Linn,
Lyon, Marion, Miami, Montgomery, Nemaha, Ness, Ottawa, Phillips, Pottawatomie, Pratt, Reno,
Republic, Rice, Riley, Russell, Scott, Sedgwick, Seward, Shawnee, Smith, Stafford, Stevens,
Sumner, Trego, Wabaunsee, Washington, Wichita, and Wyandotte. Proof of responses to my
KORA requests from most of these counties is attached to this declaration as Exhibit 1.
6. One of the key difficulties Loud Light and I have identified in working to collect provisional ballot data records from individual counties is that every county is different. The
Secretary of State’s listed email address for each county official was not always the email address the county actually used. Once I found the correct email address for each county, counties had drastically different responses to my requests. I had stated in my initial KORA letter that no
2 additional forms could be demanded, yet nonetheless several counties asked me to fill out unique
forms or they would not proceed. The records I did receive came in a wide range of different
formats (including handwritten notes) and with varying degrees of accuracy, the fee structures
varied and the cost of producing the records ranged from several counties delivering the records
for free (including the state’s most populous county of Johnson) to one county demanding over
$600 for its records, and the response times and duration of interaction with each county varied
greatly. What should have been a simple and quick process of obtaining public records became a
massive undertaking involving hundreds and hundreds of hours of lost time to the organization.
The result is a system of chaos where it is difficult to receive a complete, state-wide picture of the
individuals who cast provisional ballots, the reasons they were required to do so, and whether/how
their ballot may be cured and their vote counted.
7. Through my work with county clerks obtaining provisional ballot voter lists, I identified
that the Election Voter Information System (“ELVIS”) is a central repository that stores the names
of provisional ballot voters and the reasons their ballot is provisional—exactly the information I
have been seeking through various KORA requests. I also learned that the Secretary of State’s
Office houses the ELVIS database and I believe that ELVIS has the provisional ballot voter
information from all Kansas counties.
8. It is for this reason that I sought provisional ballot voter data directly from the Secretary of
State’s Office on September 4, 2019 for the 2018 General Election. Loud Light and I had planned to use this data to inform the public and government of concerns found in the data, and to also undertake an effort to inform all voters who did not have their ballots counted how they could avoid this result in the future—particularly in light of the important upcoming 2020 elections in
Kansas. Unfortunately, I had to wait almost 300 days for the Secretary of State’s Office to finally
3 tell me that I would not be entitled to the provisional ballot voter information I have requested
from the ELVIS database on June 23, 2020.
9. It seems unfair that the Secretary of State is forcing me to sue in order to obtain information
I am using to inform elected officials of provisional issues and to help voters make sure their votes count. This is particularly important work because, unless a voter seeks out this information, the
State under the guidance of the Secretary does not follow up with its citizens to inform them that their votes will not count.
10. I am also concerned that the provisional ballot voter data I have requested from the
Secretary of State’s Office will soon be deleted. Through my work collecting provisional ballot voter data from county election officials, I have learned that the ELVIS Provisional Ballot Report deletes records over time. Specifically, the further away from an election the more likely it is that different chunks of voter data are cleared in advance of the next major election—after which all previous provisional ballot voter data will be eliminated from the ELVIS system. The only way to retrieve provisional ballot voter information after it has been deleted from ELVIS is to request the physical provisional ballot envelopes from each county. This is an extremely burdensome process.
11. If the Secretary of State’s Office does not fulfil my KORA request in advance of the August
2020 primaries, I expect that there will be no provisional ballot data left in the ELVIS system related to the 2018 General Election. As such, I will not be able to ever produce accurate information to enlighten the public and the government of provisional issues in the 2018 general election nor inform any voters about the deficiencies that caused them to vote a provisional ballot in the past election cycle— unless this Court grants an injunction compelling the Secretary of State to comply with my KORA request well in advance of the primary election four weeks from now.
12. Additionally, Loud Light and I will be submitting yet another KORA request to the
Secretary of State’s Office immediately following the August 4, 2020 primary elections to obtain
4 the list of provisional ballot voters captured in the ELVIS system for that election. Our goal in
doing so will be to immediately inform voters of any curable deficiencies to ensure their votes will be counted before the final canvass. Because the period between the election and the canvass is short, I worry that it will be impossible to seek intervention from a court before it is too late and the window to help voters has expired. I feel an advanced order from this Court will help ensure
that our right to promptly receive these public records is honored during this important election
cycle.
I declare under penalty of perjury that the forgoing is true and correct.
Executed on: June 24, 2020
______Davis Hammet
5
EXHIBIT 1 Esmie Tseng
From: Davis Hammet
------Forwarded message ------From:
Number of provisional ballots cast (include 82 provisionals caused by insufficient ID) Number of provisional ballots cast due to 9 insufficient ID Number of provisional ballots at least 57 All ballots partially counted (including those fixed by include the showing ID) partially cted Number of provisional ballots counted 5 because ID was shown before the canvass
Number of provisional ballots not counted 25 Number not counted by reason Voter not registered in Kansas 8 Voter not registered in your county 8 Voter voted in wrong precinct 1 Voter ID not provided 4 Provisional envelope 2 incomplete/illegible
Signature missing 2 Signature did not match 0 Voter already voted 0 Ballot received after close of polls 0 Voter deceased 0 Proof of citizenship not provided 0 Other 0 Please specify
Mr. Hammet,
1 Ex. 1-001 I have statistics but no names as we do not keep those records that way. Once we update our election those marked provisional the provisional marking goes away. We did however still have a report on the print list that we were able to pull of who some of the voters were but the voters not registered at all are not on this list because they were not in our system. I am sorry it is kind of pieced but this is all we have.
Sherrie
From: Davis Hammet
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45-220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
2 Ex. 1-002 voter id Name Last First Middle status how_voted election_name election_date registrant_address returned 4480434 Day Scotty Ray SUSP Advance 2018 General Election 11/06/2018 1583 400th St Iola, KS 66749 11/7/2018 8:34 4473621 Higginbotham Ronnie J SUSP Poll Voter 2018 General Election 11/06/2018 522 N Washington Iola, KS 66749 11/7/2018 10:40 2621868 Jordan Rhiannon Claire SUSP Poll Voter 2018 General Election 11/06/2018 224 S Cottonwood Iola, KS 66749 11/7/2018 10:31 4479770 Tremain Sheila S SUSP Poll Voter 2018 General Election 11/06/2018 517 S Oak Iola, KS 66749 11/7/2018 9:40 5998720 Dokes Marchelle Renea SUSP Poll Voter 2018 General Election 11/06/2018 702 Briarwood Dr Iola, KS 66749 11/7/2018 10:11 4480433 Day Kimberly Yvonne SUSP Advance 2018 General Election 11/06/2018 1583 400th St Iola, KS 66749 11/7/2018 8:36 4483368 Laymon Gail Marie SUSP Poll Voter 2018 General Election 11/06/2018 113 W Lincoln Iola, KS 66749 11/14/2018 15:54 4481606 Mc Ghee Dorothy J SUSP Poll Voter 2018 General Election 11/06/2018 13 Alamosa Cir E Iola, KS 66749 11/7/2018 10:09 4473468 Madl Lois Alene SUSP Poll Voter 2018 General Election 11/06/2018 225 E Main Savonburg, KS 66772 11/7/2018 9:08 4497271 Stanley William James SUSP Poll Voter 2018 General Election 11/06/2018 507 S 3rd St Iola, KS 66749-3921 11/7/2018 10:24 4479419 Wiles Donald Leroy SUSP Early Voter 2018 General Election 11/06/2018 319 S 4th St Iola, KS 66749 11/1/2018 15:39 4480758 Richards Jeffrey J SUSP Poll Voter 2018 General Election 11/06/2018 502 N State Iola, KS 66749 11/7/2018 10:12 1236433 Coykendall Tabitha Dawn SUSP Poll Voter 2018 General Election 11/06/2018 341 1600th St Humboldt, KS 66748 11/7/2018 9:31 5593132 Riley Magen Nicole SUSP Poll Voter 2018 General Election 11/06/2018 709 N Washington Iola, KS 66749 11/7/2018 10:28 4482976 Le Grande Debra Lynn SUSP Poll Voter 2018 General Election 11/06/2018 302 S Chestnut Iola, KS 66749 11/7/2018 10:54 5704477 Browning Aaron Michelle SUSP Poll Voter 2018 General Election 11/06/2018 102 S Tennessee Iola, KS 66749 11/7/2018 10:22 4477054 Murphey Charles Edward SUSP Poll Voter 2018 General Election 11/06/2018 121 White Blvd, Apt 202 Iola, KS 66749 11/7/2018 10:47 5030454 Francis Jeremy R SUSP Poll Voter 2018 General Election 11/06/2018 328 Eisenhower Dr Iola, KS 66749 11/7/2018 10:00 5839703 Montgomery Kassandra Marie SUSP Poll Voter 2018 General Election 11/06/2018 409 E Madison Iola, KS 66749 11/7/2018 9:58 5624337 Montgomery Michael Don SUSP Poll Voter 2018 General Election 11/06/2018 409 E Madison Iola, KS 66749 11/7/2018 9:55 4475290 Heimlich Kendra H SUSP Early Voter 2018 General Election 11/06/2018 11 N Walnut, Apt 10 Iola, KS 66749 11/6/2018 16:37 1235233 Lesher Margaret Louise SUSP Early Voter 2018 General Election 11/06/2018 601 S State Iola, KS 66749 11/1/2018 15:40 5761216 Richards Cheyanne Marie SUSP Poll Voter 2018 General Election 11/06/2018 502 N State Iola, KS 66749-3419 11/7/2018 10:17 5720597 Lushbough Jonathan Adam SUSP Poll Voter 2018 General Election 11/06/2018 1001 S Main La Harpe, KS 66751 11/7/2018 9:04 4472697 Church Janet Grace SUSP Poll Voter 2018 General Election 11/06/2018 206 S Oak Iola, KS 66749 11/7/2018 9:05 5280640 Thomas Daniel Russell SUSP Poll Voter 2018 General Election 11/06/2018 415 W Madison Iola, KS 66749 11/7/2018 10:27 4479362 Stephens Todd W SUSP Poll Voter 2018 General Election 11/06/2018 1098 3400th St Moran, KS 66755 11/7/2018 9:10 5732403 Burney Destiny Leigh SUSP Early Voter 2018 General Election 11/06/2018 2081 3800th St Kincaid, KS 66039 11/2/2018 8:29 4475668 Julich Jason Daniel SUSP Poll Voter 2018 General Election 11/06/2018 704 Cherokee Humboldt, KS 66748 11/7/2018 9:31 5126368 Christiansen Ashley Kara SUSP Poll Voter 2018 General Election 11/06/2018 1 1/2 N Jefferson, Apt 3 Iola, KS 66749 11/7/2018 11:21 2623679 Sigg Shannon Lee SUSP Poll Voter 2018 General Election 11/06/2018 1 Goldenrod Ln Iola, KS 66749 11/7/2018 10:59 4485067 Taylor Rebecca SUSP Poll Voter 2018 General Election 11/06/2018 815 N Washington Iola, KS 66749 11/7/2018 9:42 5306610 Green Rachel Marrie SUSP Early Voter 2018 General Election 11/06/2018 619 N 6th St Humboldt, KS 66748 11/6/2018 16:31 4479765 Smoot Melinda Lou SUSP Poll Voter 2018 General Election 11/06/2018 1431 400th St Iola, KS 66749 11/7/2018 10:46 4481842 Powell Joshua Ryan SUSP Poll Voter 2018 General Election 11/06/2018 320 N 4th St Humboldt, KS 66748 11/7/2018 10:56 4484601 Taylor Steven Michael SUSP Poll Voter 2018 General Election 11/06/2018 505 N Kentucky Iola, KS 66749 11/7/2018 9:48 5459014 Jones Aimee Jean SUSP Poll Voter 2018 General Election 11/06/2018 801 West Virginia Rd Colony, KS 66015 11/7/2018 9:51 5122141 Francis Debra Marie SUSP Poll Voter 2018 General Election 11/06/2018 328 Eisenhower Dr Iola, KS 66749 11/7/2018 9:53 5819379 Sigg Jerrik Mitchell SUSP Poll Voter 2018 General Election 11/06/2018 310 Mc Arthur Iola, KS 66749 11/7/2018 10:44 5154067 Johns Doris Jessica SUSP Poll Voter 2018 General Election 11/06/2018 312 Bridge Humboldt, KS 66748-1620 11/7/2018 9:33 5860913 Slocum Johnna Leigh SUSP Poll Voter 2018 General Election 11/06/2018 506 N Vermont Iola, KS 66749-2634 11/7/2018 9:32 5795696 Parks Reagan Kimberly SUSP Poll Voter 2018 General Election 11/06/2018 908 N Chestnut Iola, KS 66749 11/7/2018 10:01 5992763 Miller Matthew Thomas SUSP Poll Voter 2018 General Election 11/06/2018 2526 N Funston Iola, KS 66749 11/7/2018 10:04 5711833 Prewitt Timothy Quinton SUSP Early Voter 2018 General Election 11/06/2018 1568 US Hwy 59 Moran, KS 66755 11/7/2018 8:48 5138610 Nelson John Allen SUSP Poll Voter 2018 General Election 11/06/2018 1 1/2 E Madison, Apt 3 Iola, KS 66749-3307 11/7/2018 10:57 5284334 Lewis-Hurtado Elizabeth Marie SUSP Poll Voter 2018 General Election 11/06/2018 404 S 7th St Humboldt, KS 66748 11/7/2018 10:42 5619187 French Micheala Margaret Anne SUSP Poll Voter 2018 General Election 11/06/2018 519 E Broadway Iola, KS 66749 11/7/2018 10:29 4477452 Lytle Wanda Jean SUSP Poll Voter 2018 General Election 11/06/2018 311 North St Iola, KS 66749 11/7/2018 10:26 4483889 Richards Kristy Marie SUSP Poll Voter 2018 General Election 11/06/2018 710 N Washington Iola, KS 66749-1843 11/7/2018 10:20 5491263 Geisler Tarin Suzanne SUSP Poll Voter 2018 General Election 11/06/2018 417 W Martin Iola, KS 66749 11/7/2018 10:50 4472908 Williams Frances Marie SUSP Early Voter 2018 General Election 11/06/2018 317 S Buckeye Iola, KS 66749 11/1/2018 15:38 4507767 Hallacy Kellie Lynette SUSP Poll Voter 2018 General Election 11/06/2018 302 S 8th St Humboldt, KS 66748 11/7/2018 9:34 6008824 Spillman Sarah Pearl SUSP Poll Voter 2018 General Election 11/06/2018 1741 US Hwy 59 Moran, KS 66755 11/7/2018 9:13 4480679 Van Riette Bradford E SUSP Poll Voter 2018 General Election 11/06/2018 229 N Martin Gas, KS 66742 11/7/2018 9:01
Ex. 1-003 5998679 Shelby Kassy Marie SUSP Poll Voter 2018 General Election 11/06/2018 601 N Vermont Iola, KS 66749 11/7/2018 10:08 4483868 Maley Jimmie Leon SUSP Early Voter 2018 General Election 11/06/2018 1036 2000th St Iola, KS 66749 11/7/2018 8:27 5576649 Whitcomb Brooklyn Mary SUSP Advance 2018 General Election 11/06/2018 1281 1865th St Iola, KS 66749 10/25/2018 10:49 5820278 Boyd Emily Ann SUSP Advance 2018 General Election 11/06/2018 1453 3600th St Moran, KS 66755 11/7/2018 8:29 5576702 Whitcomb Dustin Anthony SUSP Advance 2018 General Election 11/06/2018 1281 1865th St Iola, KS 66749 10/25/2018 10:50 4477699 Sander Paul Nicholas SUSP Advance 2018 General Election 11/06/2018 322 S Cedar Moran, KS 66755 11/8/2018 9:12 4474581 Wulf Glenna J SUSP Advance 2018 General Election 11/06/2018 1731 Hawaii Rd Humboldt, KS 66748 11/7/2018 8:31 5819385 Ames Briana Benae SUSP Advance 2018 General Election 11/06/2018 1318 Neosho Humboldt, KS 66748 11/5/2018 7:52 5819386 Ames Cade Douglas SUSP Advance 2018 General Election 11/06/2018 1318 Neosho Humboldt, KS 66748 11/6/2018 9:28 4472337 Miller Beverly A SUSP Advance 2018 General Election 11/06/2018 11 Cherokee Humboldt, KS 66748 11/6/2018 9:17 4473177 Kistner Jo Lynn SUSP Advance 2018 General Election 11/06/2018 1415 N Walnut Rd E Iola, KS 66749 11/7/2018 8:52
Ex. 1-004 Esmie Tseng
From: Davis Hammet
------Forwarded message ------From: County Clerk
I received your KORA request;
For the General Election 2018 we had the following number of ballots that were not counted .
44 total not counted due to the following…
20 were not registered
1 did not provide ID
17 were missing signatures
3 the signatures did not match on the advance envelopes
3 ballots were received after the close of the polls
If you would like names and addresses, rejection reason and voting district for the voters ballots that were not counted, you will need to pay $20 for the cost of gathering the information before it is provided. You can mail a check to Bourbon County Clerk, 210 S. National, Fort Scott, KS 66701.
Please let me know if you will be mailing a check.
Thank you,
1 Ex. 1-005 Kendell Mason
Bourbon County Clerk
210 S. National
Fort Scott, KS 66701
(620)223-3800 ext. 191
From: Davis Hammet [mailto:[email protected]] Sent: Wednesday, July 24, 2019 10:42 AM To: County Clerk Subject: KORA Request - 2018 General Voter Rejection Data
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45-220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
2 Ex. 1-006 From: Davis Hammet To: Esmie Tseng Subject: Fwd: KORA Request - 2018 General Voter Rejection Data Date: Tuesday, June 23, 2020 7:13:55 PM Attachments: 2018 provisionals.xlsx
------Forwarded message ------From: Tatum Stafford
Davis-
Here is a list of provisional voters from the 2018 General.
Thanks,
Tatum Stafford
Butler County Clerk
205 W Central Ave
El Dorado, KS 67042
316-322-4233(Phone)
316-321-1011 (Fax)
From: Davis Hammet [mailto:[email protected]] Sent: Tuesday, July 23, 2019 8:52 PM To: Elections Subject: KORA Request - 2018 General Voter Rejection Data
To whom it may concern,
Ex. 1-007 Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45-220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
Ex. 1-008 Voter ID Last First Middle Suffix BALLOT_STATUS PROV_STATUS_REASON REGISTRANT_ADDRESS VOTED_PRECINCT_PART RES_PRECINCT_PART TEXT_ELECTION_CODE TEXT_PLACE_DESCRIPTION 1308186 Alvarez Patrick E REJE B10 Voter moved out of county and did not re register 1113 W Terradyne Andover, KS 67002 61.2 61 .20 GN2018 Andover United Methodist 1308469 Alvarez Wendy L REJE B10 Voter moved out of county and did not re register 1113 W Terradyne Andover, KS 67002 61.2 61 .20 GN2018 Andover United Methodist 6014236 Ash Wiley R Jr REJE A7 Voter was not registered 128 N Thomas Ln Andover, KS 67002 62.1 62 .10 GN2018 Andover Off Site Advance 2027396 Bachtel Matthew Charles REJE B10 Voter moved out of county and did not re register 3014 E Locine Pkwy Andover, KS 67002 55.1 55 .10 GN2018 Andover St. Vincent's 5782169 Bayless Micah Paul REJE B10 Voter moved out of county and did not re register 1461 SW 60th St El Dorado, KS 67042 31.1 48 .20 GN2018 Haverhill Christian 5522676 Beach Miles Jacob REJE B10 Voter moved out of county and did not re register 206 S Arthur St El Dorado, KS 67042 59.1 60 .10 GN2018 Trinity Methodist Church 5792697 Bergeson Dylan Lee REJE B10 Voter moved out of county and did not re register 622 E Mills Dr Towanda, KS 67144 28.7 28 .70 GN2018 Towanda Community Bldg 5198729 Beyer Miranda Marie REJE B10 Voter moved out of county and did not re register 1021 N Park Rd Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 5199095 Beyer William Bradley REJE B10 Voter moved out of county and did not re register 1021 N Park Rd Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 4300372 Biggs Erin Christine REJE B10 Voter moved out of county and did not re register 902 W Onewood Pl Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 2716284 Borniger Christopher Thomas REJE A7 Voter was not registered 606 E Woodstone Ct Andover, KS 67002 61.2 61 .20 GN2018 Andover Off Site Advance 4667759 Brown Orville Eugene Jr REJE A7 Voter was not registered 318 N Star St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 2620109 Brown Jodi Lee REJE B10 Voter moved out of county and did not re register 318 N Star St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 6014633 Burke Myers Colleen Elisabeth REJE A7 Voter was not registered 1009 E Rosemont Ct Andover, KS 67002 61.2 61 .20 GN2018 Andover St. Vincent's 1333496 Byram Tobias Allan REJE A7 Voter was not registered 726 S McCandless Rd Andover, KS 67002 63.1 55 .10 GN2018 Andover Off Site Advance 5889704 Calbert John Michael REJE B10 Voter moved out of county and did not re register 311 N Star St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 5720457 Carder Drew Thomas REJE B10 Voter moved out of county and did not re register 21311 SW Hunter Rd Douglass, KS 67039 23.2 23 .20 GN2018 Douglass Community Bldg 6014354 Chavez Ian David REJE A7 Voter was not registered 1 E Frontier Ln Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 6014509 Claassen Alyssa Kirsten Marie REJE A7 Voter was not registered 10449 NW 120th St Whitewater, KS 67154 27.1 27 .20 GN2018 Potwin Community Bldg 711221 Claassen Albert Randal REJE B10 Voter moved out of county and did not re register 10657 SW 21st Terr Towanda, KS 67144 28.4 28 .40 GN2018 Towanda Community Bldg 5922947 Coleman Jacob Boone REJE B10 Voter moved out of county and did not re register 114 N Maple St Whitewater, KS 67154 29 .10 GN2018 Whitewater American Legion 6014322 Cook Noah Christian REJE A7 Voter was not registered 360 N Johnson Ave Elbing, KS 67041 24.1 24 .10 GN2018 Elbing Crossway Bible Church 6014281 Coppinger Michael Allen REJE A7 Voter was not registered 2918 N Lake Shore Dr Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 5565457 Copridge Cynda R REJE A7 Voter was not registered 1603 N Highland Dr Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 6014803 Corbin Steve B REJE A7 Voter was not registered 614 E Main St Towanda, KS 67144 28.1 28 .10 GN2018 Towanda Community Bldg 5705376 Cusick Hunter Nicholas REJE B10 Voter moved out of county and did not re register 120 S Ping Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover Off Site Advance 1358179 Dodge David Scott REJE B10 Voter moved out of county and did not re register 317 S 6th St Towanda, KS 67144 28.1 28 .10 GN2018 Towanda Community Bldg 118132 Edwards Kelly J REJE B10 Voter moved out of county and did not re register 1009 N Park Rd Rose Hill, KS 67133 9438 20.1 20 .10 GN2018 RH Christian Church 6014483 Everhart McKayla Cole REJE A7 Voter was not registered 12111 SW 15th St Benton, KS 67017 21.3 21 .30 GN2018 Benton United Methodist 5646667 Ferley Peter James REJE B10 Voter moved out of county and did not re register 1902 E Lakeland Dr El Dorado, KS 67042 57.1 57 .10 GN2018 El Dorado Senior Center 1369311 Flanagan Staci E REJE B10 Voter moved out of county and did not re register 818 W Slate St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 5527490 Foxx Karen Diane REJE G1 Voter failed to provide valid identification 9905 SW 15th St Towanda, KS 67144 28 .40 GN2018 Towanda Community Bldg 1374573 Gamaleldin Mohamed Farouk REJE A7 Voter was not registered 816 W Sandwedge Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 6015107 Garrett Ethan Luke REJE A7 Voter was not registered 416 S Washington St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 5894606 Gasche Cody Alan REJE A7 Voter was not registered 2858 W 3rd Ave El Dorado, KS 67042 21.1 59 .20 GN2018 Benton United Methodist 6014250 George Avin Michael REJE A7 Voter was not registered 1701 W Westwood Ave Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 1376715 Gibbs Kenneth Russell REJE A7 Voter was not registered 328 W 2nd St, Apt 7 Andover, KS 67002 62.1 62 .10 GN2018 6015039 Gillean Rebecca Ann REJE A7 Voter was not registered 205 N Alleghany St El Dorado, KS 67042 59.1 59 .10 GN2018 Butler County Court House 894857 Gollub Daniel Lawrence REJE A7 Voter was not registered 316 E Warren Rd El Dorado, KS 67042 58.1 57 .10 GN2018 El Dorado Civic Center 4296431 Gomez Emily N REJE G1 Voter failed to provide valid identification 2697 SE 40th St El Dorado, KS 67042 54.1 44 .40 GN2018 El Dorado Civic Center 1381961 Green Christopher David REJE B10 Voter moved out of county and did not re register 4922 SW Shumway Rd El Dorado, KS 67042 28.6 28 .60 GN2018 Towanda Community Bldg 6008929 Griffin Ryan Winn REJE A7 Voter was not registered 427 NW River Valley Rd Towanda, KS 67144 37.2 37 .20 GN2018 Towanda Community Bldg 3186404 Hamilton Tiffany Michelle REJE B10 Voter moved out of county and did not re register 109 S Main St Leon, KS 67074 26.1 26 .10 GN2018 Leon Senior Center 6014409 Hansen Mary R REJE A7 Voter was not registered 12560 SW 160th St Rose Hill, KS 67133 43.3 43 .30 GN2018 RH Christian Church 6014289 Harman Raine Catherine REJE A7 Voter was not registered 607 E Akron Ave Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 4298212 Hayes Grooms Crystal Jo REJE A7 Voter was not registered 1340 E Glenview Dr El Dorado, KS 67042 57.1 57 .10 GN2018 El Dorado Senior Center 6014344 Helms Dylan Clay REJE A7 Voter was not registered 320 E Showalter St Rose Hill, KS 67133 20.2 20 .20 GN2018 RH Christian Church 872854 Henke John Mark Albert REJE B10 Voter moved out of county and did not re register 10657 SW 21st Terr Towanda, KS 67144 28.4 28 .40 GN2018 Towanda Community Bldg 4288660 Herbers Michele Lynn REJE B10 Voter moved out of county and did not re register 14301 SW 180th St Rose Hill, KS 67133 45.1 45 .10 GN2018 RH Christian Church 1394275 Hernandez Jessica L REJE B10 Voter moved out of county and did not re register 220 W 2nd St, Apt B42 Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 4288323 Holbrook Trudy Diane REJE B10 Voter moved out of county and did not re register 1525 N Terrace Dr El Dorado, KS 67042 58.1 57 .10 GN2018 Butler County Court House 1399441 Howard Paul Anderson REJE B10 Voter moved out of county and did not re register 512 W Pine Ave El Dorado, KS 67042 58.1 58 .10 GN2018 Butler County Court House 1401238 Hughes Kendra Kay REJE A7 Voter was not registered 1113 W Basswood Dr Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 4297834 Humble Deborah Sue REJE A7 Voter was not registered 204 E Waitt St Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 5140998 Humig Aaron Josiah REJE B10 Voter moved out of county and did not re register 716 S Star St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 1403812 Hunter Donna Lenette REJE B10 Voter moved out of county and did not re register 6209 SW Northridge Ct Augusta, KS 67010 52.6 52 .60 GN2018 Augusta 1st United Methodist 5098565 Hurst Kensi Ann REJE B10 Voter moved out of county and did not re register 907 W 2nd St Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 6015047 Johnson Zirah Marie REJE A7 Voter was not registered 1120 N Helen St Augusta, KS 67010 12.1 12 .10 GN2018 Augusta First Baptist 6014274 Kelley Debbie Caye REJE A7 Voter was not registered 21 E Ranchwood Dr Augusta, KS 67010 15.1 15 .10 GN2018 Augusta 1st United Methodist 5555543 Lakous Haley Lynne REJE A7 Voter was not registered 1008 N Cedar Point Cir Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 6014542 Larsen Garrit Whitney REJE A7 Voter was not registered 12705 SW 90th St Andover, KS 67002 8330 53.7 53 .70 GN2018 Andover St. Vincent's 5348479 Lee Megan Kristine REJE A7 Voter was not registered 1705 N Main St Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 5451271 Levasseur Joshua Aaron REJE B10 Voter moved out of county and did not re register 324 S Pitchers Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 1425047 Lies Charles Daniel REJE B10 Voter moved out of county and did not re register 2492 SW 220th St Douglass, KS 67039 46.2 46 .20 GN2018 Douglass Community Bldg 3745023 Lint Jayme Lenee REJE A7 Voter was not registered 943 W Threewood Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 6014240 Lowmaster Aaron C REJE A7 Voter was not registered 413 S Sunset Dr, Apt 4 Andover, KS 67002 62.1 62 .10 GN2018 Andover Off Site Advance 561116 Mann Katrina Rene REJE A7 Voter was not registered 1738 N Riverbirch Ct Andover, KS 67002 61.2 61 .10 GN2018 Andover United Methodist 3773652 Mason Holly Sue REJE A7 Voter was not registered 707 S Westview Cir Andover, KS 67002 62.1 63 .10 GN2018 Andover St. Vincent's
Ex. 1-009 5534598 Matchette Laura Angelica REJE B10 Voter moved out of county and did not re register 11303 SW Santa Fe Lake Rd Augusta, KS 67010 62.1 56 .10 GN2018 Andover St. Vincent's 1217146 McDaniel Farrell L REJE A7 Voter was not registered 510 E Bishop St Cassoday, KS 66842 22.1 22 .10 GN2018 Cassoday United Methodist 1437984 McDaniel Jared Wayne REJE B10 Voter moved out of county and did not re register 1101 W Mulberry Ct Andover, KS 67002 9798 62.1 62 .10 GN2018 Andover St. Vincent's 1437348 McDaniel Kimberly La Rea REJE B10 Voter moved out of county and did not re register 1101 W Mulberry Ct Andover, KS 67002 61.1 62 .10 GN2018 Andover St. Vincent's 6014576 McGirt Williams Brittany Ann REJE A7 Voter was not registered 691 S Verna Ave Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 6014426 McGuire Justin Michael REJE A7 Voter was not registered 802 S Main St Leon, KS 67074 26.1 26 .10 GN2018 Leon Senior Center 2630322 McKenney Amanda Sue REJE B10 Voter moved out of county and did not re register 2434 N Fieldstone St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 1445399 Miller Jeremiah Thomas REJE B10 Voter moved out of county and did not re register 411 S Quail Run Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 5116972 Mintie Brett Anthony Sr REJE B10 Voter moved out of county and did not re register 328 W 2nd St Andover, KS 67002 61.2 62 .10 GN2018 Andover St. Vincent's 4996609 Mitchell Dawnesha Lynn REJE B10 Voter moved out of county and did not re register 2619 N Bluestone St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 1250784 Moore Heather L REJE B10 Voter moved out of county and did not re register 676 E Frisco St Augusta, KS 67010 13.1 12 .10 GN2018 Augusta First Baptist 1446082 Moreno Rebecca L REJE B10 Voter moved out of county and did not re register 601 S Verna Ave Andover, KS 67002 62.1 63 .10 GN2018 Andover Off Site Advance 1342757 Moss Alicia Karen REJE B10 Voter moved out of county and did not re register 706 W Putter Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 6014254 Murillo Rigoberto Alexander Jr REJE A7 Voter was not registered 910 E Sandalwood Cir Augusta, KS 67010 15.1 15 .10 GN2018 Augusta 1st United Methodist 5120620 Myers Cass Joseph REJE B10 Voter moved out of county and did not re register 1230 N Bobbie St Augusta, KS 67010 12.1 12 .10 GN2018 Augusta First Baptist 6014308 Newman Kamron Kincaid REJE A7 Voter was not registered 1504 N Park Ln Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 5875968 Ortiz Anita Rose REJE A7 Voter was not registered 239 N Ridgefield Cir Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 92797 Palmer Priscilla Lynn REJE B10 Voter moved out of county and did not re register 1009 N Park Rd Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 6014629 Patterson Matthew L REJE A7 Voter was not registered 12090 SW 110th St Augusta, KS 67010 56.1 56 .10 GN2018 Andover St. Vincent's 1463442 Pendergrass Joe Lee Jr REJE B10 Voter moved out of county and did not re register 15337 NE 150th St, Unit 60 Cassoday, KS 66842 22.4 22 .40 GN2018 Cassoday United Methodist 4283248 Penwell Jimmy Dean REJE A7 Voter was not registered 8280 SE Teter Rd Leon, KS 67074 26.2 26 .20 GN2018 Leon Senior Center 6015156 Perez Ronalyn Y REJE A7 Voter was not registered 8529 NW Locke Rd El Dorado, KS 67042 40.2 40 .20 GN2018 El Dorado Civic Center 5358952 Peterson Glenda Diane REJE B10 Voter moved out of county and did not re register 110 N Orchard St El Dorado, KS 67042 59.1 59 .10 GN2018 Butler County Court House 5293451 Pham Thanh Mai REJE B10 Voter moved out of county and did not re register 114 E Willowbrook St Andover, KS 67002 63.1 62 .10 GN2018 Andover St. Vincent's 5842828 Powell Alexandra Kathleen REJE B10 Voter moved out of county and did not re register 2505 N Danbury Rd Augusta, KS 67010 53.3 15 .10 GN2018 Andover St. Vincent's 5815463 Ralston Megan Elise REJE B10 Voter moved out of county and did not re register 303 S Atchison St El Dorado, KS 67042 2724 58.1 58 .10 GN2018 El Dorado Civic Center 6015009 Ramdani Aida REJE A7 Voter was not registered 1603 N Shadow Rock Dr Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 6015004 Ramdani Wyssem Amine REJE A7 Voter was not registered 1603 N Shadow Rock Dr Andover, KS 67002 61.2 61 .10 GN2018 Andover United Methodist 6014234 Ramsey Bailey Edward REJE A7 Voter was not registered 715 E Hedgewood Andover, KS 67002 66.1 63 .10 GN2018 Andover Off Site Advance 6014538 Reid Christian Joseph REJE A7 Voter was not registered 626 E Minneha Ave Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 6014790 Rivers Vanessa Renee REJE A7 Voter was not registered 302 N Willow St Douglass, KS 67039 23.1 23 .10 GN2018 Douglass Community Bldg 5066520 Rogers Christopher Patrick REJE A7 Voter was not registered 619 W Allison St Andover, KS 67002 61.1 61 .10 GN2018 Andover Off Site Advance 6015049 Rogers Olivia Anne REJE A7 Voter was not registered 1409 N State St Augusta, KS 67010 12.1 12 .10 GN2018 Augusta First Baptist 6014543 Santiago Javier Antonio REJE A7 Voter was not registered 711 E Cloud Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 1217280 Schaffer Amber Maree REJE B10 Voter moved out of county and did not re register 220 E Bradbury St Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 1933874 Schapaugh Daniel Taylor REJE B10 Voter moved out of county and did not re register 711 E Cloud, Apt 106 Andover, KS 67002 63.1 63 .10 GN2018 Andover Off Site Advance 5477185 Schiesser Tyler Allen REJE B10 Voter moved out of county and did not re register 218 S Main St Benton, KS 67017 21.1 21 .10 GN2018 Benton United Methodist 2959063 Scott John Charles REJE B10 Voter moved out of county and did not re register 1722 N Main St, Apt C Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 5323236 Scroggin Heather Lynn REJE B10 Voter moved out of county and did not re register 700 E Lakewood Ct Augusta, KS 67010 15.1 15 .10 GN2018 Augusta 1st United Methodist 6014512 Shafer Willard Alex III REJE A7 Voter was not registered 11256 SW 56th Terr Augusta, KS 67010 42.1 21 .40 GN2018 Benton United Methodist 4291208 Siviseth Rick P REJE A7 Voter was not registered 10526 SW Diamond Rd Augusta, KS 67010 30.1 30 .10 GN2018 Augusta 1st United Methodist 5299249 Smith Chelsey Kay REJE B10 Voter moved out of county and did not re register 2033 N Springbrook St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 1149209 Smith Joyce Annette REJE B10 Voter moved out of county and did not re register 1016 S Greeley Ln Andover, KS 67002 55.2 55 .20 GN2018 Andover St. Vincent's 5802306 Smith Michael Eugene REJE B10 Voter moved out of county and did not re register 1016 S Greeley Ln Andover, KS 67002 55.2 55 .20 GN2018 Andover St. Vincent's 964712 Spaeny Shawn Michael REJE C2 Registered voter voted in advanced and voted at polling place 8605 SW Tawakoni Rd Augusta, KS 67010 53.7 53 .70 GN2018 Andover St. Vincent's 1500537 Spears Chandra Leigh REJE B10 Voter moved out of county and did not re register 901 N Taylor St El Dorado, KS 67042 58.1 58 .10 GN2018 El Dorado Civic Center 1502672 Spencer Jessica Elizabeth REJE B10 Voter moved out of county and did not re register 936 W Cedarwood Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 4276553 Stallbaumer Robert Jude REJE A7 Voter was not registered 248 S Williamsburg Rd Andover, KS 67002 62.1 62 .10 GN2018 Andover Off Site Advance 5808277 Stiles Levi Tyler REJE B10 Voter moved out of county and did not re register 9587 SW Santa Fe Lake Rd Augusta, KS 67010 53.4 53 .40 GN2018 Andover St. Vincent's 5806911 Stoufer Matthew Adams REJE A7 Voter was not registered 316 W Lafayette St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 5129580 Stutzman Daniel Joseph REJE A7 Voter was not registered 344 N Chaumont Ct Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 1919897 Swearingin Amanda Marie REJE B10 Voter moved out of county and did not re register 1035 E Bedell Ct Augusta, KS 67010 15.1 15 .10 GN2018 Augusta 1st United Methodist 5336752 Teter Chelsea Rene REJE B10 Voter moved out of county and did not re register 49 E Arnold Dr Augusta, KS 67010 15.1 15 .10 GN2018 Augusta 1st United Methodist 6014824 Tharp Emily Beth REJE A7 Voter was not registered 1411 N Crescent Dr El Dorado, KS 67042 57.1 57 .10 GN2018 El Dorado Senior Center 6015052 Tolman Kristofer Shane REJE A7 Voter was not registered 1001 N Custer Ln Augusta, KS 67010 12.1 12 .10 GN2018 Augusta First Baptist 5332854 Torras Rosa Cecilia REJE B10 Voter moved out of county and did not re register 149 N Susan Ln Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 1925112 Trear Bryce Patrick REJE B10 Voter moved out of county and did not re register 133 E Hamlin Rd Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 5595550 Trout Robert Christopher REJE A7 Voter was not registered 2331 N Leigh St Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 5400470 Underwood Brett Denmon REJE B10 Voter moved out of county and did not re register 1210 N Hinshaw St Rose Hill, KS 67133 20.1 20 .10 GN2018 RH Christian Church 5183221 Utash James David REJE A7 Voter was not registered 822 N Woodstone Dr Andover, KS 67002 61.2 61 .20 GN2018 Andover United Methodist 5988742 Vaiomounga Mele Fataimoeloa REJE A7 Voter was not registered 212 N Cedarwood Dr Rose Hill, KS 67133 20.1 20 .20 GN2018 RH Christian Church 5432569 Verma Indira REJE B10 Voter moved out of county and did not re register 1508 N Shadow Rock Dr Andover, KS 67002 61.1 61 .10 GN2018 Andover Off Site Advance 5432571 Verma Surendra K REJE B10 Voter moved out of county and did not re register 1508 N Shadow Rock Dr Andover, KS 67002 61.1 61 .10 GN2018 Andover Off Site Advance 6014284 Walker Taylor Janelle REJE A7 Voter was not registered 2341 N Star St Augusta, KS 67010 14.1 14 .10 GN2018 Augusta 1st United Methodist 5150546 Wang Miao REJE B10 Voter moved out of county and did not re register 335 S Nine Iron Dr Andover, KS 67002 62.1 62 .10 GN2018 Andover St. Vincent's 2976895 Warkentine Kara Lynn REJE B10 Voter moved out of county and did not re register 1919 E Teak Ct Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist 5061459 Watson Jeremy Ryan REJE A7 Voter was not registered 5130 SW 70th St El Dorado, KS 67042 52.7 52 .70 GN2018 Augusta 1st United Methodist 6014772 Wilburn Rocky L REJE A7 Voter was not registered 19729 SW Hopkins Switch Rd Douglass, KS 67039 23.2 23 .20 GN2018 Douglass Community Bldg 1532084 Williams Glenda C REJE B10 Voter moved out of county and did not re register 530 N Hwy 77, Apt 3 A Douglass, KS 67039 23.1 23 .10 GN2018 Douglass Community Bldg
Ex. 1-010 5603961 Williams Jeremy David REJE B10 Voter moved out of county and did not re register 691 S Verna Ave Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 1528842 Williams Stevie REJE C2 Registered voter voted in advanced and voted at polling place 1701 S Aspen Creek Dr Andover, KS 67002 63.1 63 .10 GN2018 Andover St. Vincent's 110886 Williams Sheila Diane REJE G1 Voter failed to provide valid identification 211 E Main St Augusta, KS 67010 13.1 12 .10 GN2018 Augusta First Baptist 5754722 Wilson Samantha Christine REJE B10 Voter moved out of county and did not re register 5185 NW 20th St El Dorado, KS 67042 37.2 37 .20 GN2018 Towanda Community Bldg 706591 Woodruff Stuart D REJE B10 Voter moved out of county and did not re register 320 N High St El Dorado, KS 67042 1635 58.1 58 .10 GN2018 Butler County Court House 1139314 Yearout Stuart Kent REJE A7 Voter was not registered 3333 N Bluestem Cir Rose Hill, KS 67133 65.1 65 .10 GN2018 RH Christian Church 5142767 Zynda Timothy Richard REJE A7 Voter was not registered 1323 W Ledgestone St Andover, KS 67002 61.1 61 .10 GN2018 Andover United Methodist
Ex. 1-011 Esmie Tseng
From: Davis Hammet
------Forwarded message ------From: Clerks Office
I have received your request. Please note, we are unable to electronically search for documents as our records are almost completely paper. Consequently, the searches are conducted by hand. The hourly rate is $30.00 to be paid in advance. I do not expect it to take longer than an hour. Copying/scanning is .25/cents per page. There is no additional charge for emailing documents, but if we send by mail/courier, the cost is covered by the requestor. Please let me know how you would like to proceed. If you have any questions or concerns, please do not hesitate to contact me.
Sender notified by
07/24/19, 04:01:51 PM Mailtrack
On Wed, Jul 24, 2019 at 10:54 AM Davis Hammet
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45-220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet 1 Ex. 1-012 (850) 585-7903
-- Niki Collier Chautauqua County Clerk 215 N. Chautauqua Sedan, KS 67361 Phone: 620-725-5800 Fax: 620-725-5801
2 Ex. 1-013 Esmie Tseng
From: Davis Hammet
------Forwarded message ------From: Rodney Edmondson
Mr. Hammet,
Attached you will find the Provisional Ballot Detail Report from the 2018 General Election. This report is generated from our voter system and contains the information regarding provisional voters.
We are pleased to provide this report to you pursuant to your KORA request at no charge since it is a report that is on file and requires very little effort to send you a PDF of an existing report.
If you have any questions, please feel free to contact me.
Respectfully,
Rodney Edmondson
Rodney D. Edmondson, CCC
Cherokee County Clerk & Election Officer
PO Box 14 l Columbus, KS 66725
620-429-2042 P l 620-429-1042 F l 620-674-1428 C 1 Ex. 1-014
From: Davis Hammet
WARNING: This message originated from outside of Cherokee County's mail server. DO NOT CLICK links or open attachments unless you trust the sender.
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45-220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
2 Ex. 1-015 Cherokee Processed: 11/28/201810:28AM Printed: 11/28/201810:48AM Provisional Ballot Detail Report 2018 General Election, 11/06/2018 Based on Voted Precinct
Res Prec Registrant ID Registrant Name Ballot Number Type Voted Prec Status Party SSN Residential Address PIN Returned Voted Where Reason 6015312 Adams, Jurnee Carlene Poll Voter 03A.01 Rejected 517 Washington Ave Galena, KS 66739 11/06/201810:2903A.01 Voter was not registered Galena City Hall 4483314 Bass, Jerry Raymond Early Voter A 1.03 Rejected 6564 NE Highway 400, Lot D-3 Weir, KS 66781 10/31/201800:00 A 1.03 Voter was not registered Cherokee County Courthouse 4478036 Bass, Judy E Early Voter A 1.03 Rejected 6564 NE Highway 400, Lot D-3 Weir, KS 66781 10/31/201800:00 A 1.03 Voter was not registered Cherokee County Courthouse 5616584 Battle, Ashley Nicole Poll Voter 01 B.01 Rejected 616 Grant Ave Baxter Springs, KS 66713 11/06/201809:31 01 B.01 Failed to provide valid identification New Community Bldg - Baxter Springs 5256010 Boggs, Jennifer Lee Poll Voter C3a.01 Rejected 1194 SE Beasley Rd Baxter Springs, KS 66713 11/06/201811:41 C3a.01 Voter was not registered ... County Extension Office 5930866 Caswell, Joshua Eugene Poll Voter 03C.01 Rejected 1701 S Wood St Galena, KS 66739 11/06/201810:0003C.01 Voter was not registered .. Galena City Hall 5149483 Cawthra, Michelle Lee Poll Voter 03A.01 Rejected
- 804 Schermerhorn Rd Galena, KS 66739 11/06/2018 10:55 03A.01 Voter was not registered .. Galena City Hall 4652472 Clements, Erica Rae Poll Voter A4b.01 Rejected 1886 NW Highway 102 Scammon, KS 66773 11/06/2018 11 :31 A4b.01 Voter was not registered Roseland City Hall 5992567 Davis, Allen Dalton Poll Voter 018.01 Rejected 618 W 11th St Baxter Springs, KS 66713 11/06/2018 11 :04 01 B.01 Voter was not registered New Community Bldg - Baxter Springs
Report Design Copyright © 2017 Election Systems and Software, Inc. Ex. 1-016 Page 1 of4 Cherokee Processed: 11/28/201810:28AM Printed: 11/28/2018 10:48 AM Provisional Ballot Detail Report 2018 General Election, 11/06/2018 Based on Voted Precinct
Res Prec Registrant ID Registrant Name Ballot Number Type Voted Prec Status Party SSN Residential Address PIN Returned Voted Where Reason 4654789 Delmont, Raymon D Early Voter 02D.01 Rejected 235 S Delaware Ave Columbus, KS 66725 11/02/201811 :26 02D.01 Voter was not registered -- Cherokee County Courthouse 6015321 Dewey, Bridgette Cailin Poll Voter 01 C.01 Rejected --e 2323 Cherokee Ave Baxter Springs, KS 66713 11/06/201811 :11 01C.01 Voter was not registered New Community Bldg - Baxter Springs 5436919 Evans, Taylor Lee Poll Voter B2.01 Rejected 1213 S Park Dr Columbus, KS 66725 11/06/2018 11 :35 B2.01 Voter was not registered County Extension Office 5465423 Farfan-Ulloa, Saul Izmalli Poll Voter 01 B.01 Rejected 835 Park Ave Baxter Springs, KS 66713 11/06/201809:27 01 B.01 Failed to provide valid identification New Community Bldg - Baxter Springs 4670083 Flowers, Dennis Howard, Jr Poll Voter 03A.01 Rejected 820 Galena Ave Galena, KS 66739 11/06/201809:56 03A.01 Voter was not registered Galena City Hall 2619961 Gantt, Tina Marie Poll Voter 05C.01 Rejected 102 N Sixth Ave Scammon, KS 66773 11/06/201811:2905C.01 Voter was not registered Scammon City Hall 6015327 Harrington, Colton Darin Poll Voter C2a.01 Rejected - 7147 SE Jay Ln Baxter Springs, KS 66713 11/06/2018 11 :17 C2a.01 Voter was not registered .. House of Prayer Church 4667388 Kitch, Darrell Michael Poll Voter 03A.01 Rejected 306 Galena Ave Galena, KS 66739 11/06/2018 10:02 03A.01 Voter was not registered Galena City Hall 4660807 LaGasse, Opal Mae Poll Voter C1.01 Rejected 5624 SE 69th Ter Galena, KS 66739 11/06/2018 10:57 C1.01 Voter was not registered Senior Citizen Bldg in Galena
Report Design Copyright © 2017 Election Systems and Software, Inc. Ex. 1-017 Page 2 of 4 Cherokee Processed: 11/28/2018 10:28 AM Printed: 11/28/2018 10:48 AM Provisional Ballot Detail Report 2018 General Election, 11/06/2018 Based on Voted Precinct
Res Prec Registrant ID Registrant Name Ballot Number Type Voted Prec Status Party SSN Residential Address PIN Returned Voted Where Reason 5420138 Mix, Cora May Poll Voter C3a.01 Rejected - 4106 SE Black Jack Rd Baxter Springs, KS 11/06/201809:51 C3a.01 Voter was not registered .. 66713 County Extension Office 6015313 Morey, Sarayea Marie Poll Voter 03A.01 Rejected 1206 N Forest Ave Galena, KS 66739 11/06/2018 10:50 03A.01 Voter was not registered Galena City Hall 4512035 Noakes, Kelly Joe Poll Voter 01C.01 Rejected 1840 Washington Ave Baxter Springs, KS 11/06/2018 11:43 01 C.01 Voter was not registered -.-. 66713 New Community Bldg - Baxter Springs 4656941 Reed, Nancy Eileen Poll Voter C3a.01 Rejected 4370 SE 60th St Galena, KS 66739 11/06/201809:29 C3a.01 Failed to provide valid identification County Extension Office 6015329 Richens, Janna Monette Poll Voter 02B.01 Rejected - 306 N California Ave Columbus, KS 66725 11/06/201811:21 02B.01 Voter was not registered .. Columbus Community Bldg 5887224 Rogers, Lisa Marie Early Voter 01 B.01 Rejected - 222 W 6th St Baxter Springs, KS 66713 10/29/201800:00 01 B.01 Voter was not registered .. Cherokee County Courthouse 5865525 Schemenaur, John Edwin Early Voter A 1.03 Rejected 11123 NE Center Star Rd Pittsburg, KS 66762 10/30/2018 00:00 A 1.03 Voter was not registered Cherokee County Courthouse 5977777 Sowa, Kelsey Leigh Poll Voter 02E.01 Rejected 600 E Maple St Columbus, KS 66725 11/06/2018 09:36 02E.01 Voter moved out of county and did not re-re! .- Columbus Community Bldg 4668648 Sullivan, Michael James Poll Voter A4b.01 Rejected 2059 NW Crow Ln Scammon, KS 66773 11/06/201809:47 A4b.01 Voter was not registered Roseland City Hall
Report Design Copyright © 2017 Election Systems and Software, Inc. Ex. 1-018 Page 3 of 4 Cherokee Processed: 11/28/201810:28AM Printed: 11/28/201810:48AM Provisional Ballot Detail Report 2018 General Election, 11/06/2018 Based on Voted Precinct
Res Prec Registrant 10 Registrant Name Ballot Number Type Voted Prec Status Party SSN Residential Address PIN Returned Voted Where Reason 6015323 Tackett, Steven Wayne Poll Voter C2a.01 Rejected 6896 SE 72nd Ter Riverton, KS 66770 11/06/201811 :14 C2a.01 Voter was not registered House of Prayer Church 4668395 Tessman, Merica Jane Poll Voter 010.01 Rejected 2030 Grant Ave Baxter Springs, KS 66713 11/06/2018 10:59 010.01 Voter was not registered New Community Bldg - Baxter Springs --6015311 Toney, David Douglas Poll Voter 03B.01 Rejected 815 Galena Ave Galena, KS 66739 11/06/2018 10:25 03B.01 Voter was not registered Galena City Hall 5108240 Watson, Barbara Sue Early Voter 03C.01 Rejected 208 E 20th St, Unit 2 Galena, KS 66739 11/01/2018 11 :53 03C.01 Voter was not registered Cherokee County Courthouse 6015319 Weaver, Tony E Poll Voter 01A.01 Rejected 530 Cleveland Ave Baxter Springs, KS 66713 11/06/201811:0701A.01 Voter was not registered ... New Community Bldg - Baxter Springs 4654607 Wilson, Barbara E Poll Voter A2.01 Rejected 2885 NE Eider Ln Weir, KS 66781 11/06/201809: 19 A2.01 Failed to provide valid identification -- Weir Civic Club Bldg.
Report Design Copyright © 2017 Election Systems and Software, Inc. Ex. 1-019 Page 4 of 4 From: Davis Hammet To: Esmie Tseng Subject: Fwd: KORA Request - 2018 General Voter Rejection Data Date: Tuesday, June 23, 2020 11:24:29 PM Attachments: Hammet.xlsx
------Forwarded message ------From: Kayla Wang
Here is the Open Records Request Spreadsheet for Clay County, Kansas.
Have a good weekend!
Thank You!
Kayla Wang
Clay County Clerk/Election Officer
712 5th St., Suite 102
Clay Center, Ks 67432
Phone: 785-632-2552
Email: [email protected]
From: Davis Hammet
CAUTION: This email originated from outside your organization. Exercise caution when
Ex. 1-020 opening attachments or clicking links, especially from unknown senders.
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45- 220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
Ex. 1-021 CLAY COUNTY, KS
REGISTRATION I.D. NAME ADDRESS VOTING PRECINCT REJECTION REASON
2503100 Collins, Dawn L. 1420 Blunt, Apt. #8, Clay Center, Ks. 31.01 NOT REGISTERED 6014245 Donkelaar, Tara Leeann 906 10th St., Clay Center, Ks. 32.01 NOT REGISTERED 6014239 Falkenbury, John Micheall 1512 20th Rd., Clay Center, Ks. 22.01 NOT REGISTERED 1074748 Gruver, Tara Marie 734 Garfield St., Clay Center, Ks. 31.01 NOT REGISTERED 5806178 Hadduck, Perry Martin 403 Clarke St., Clay Center, Ks. 33.01 NOT REGISTERED 5512195 Hutsell, Bryce Mitchell 521 Clarke St., Clay Center, Ks. 33.01 NOT REGISTERED 2499826 McKain, Levina Mae 1319 Sunrise Circle, Clay Center, Ks. 32.01 NOT REGISTERED 5860454 Pacheco, Veteran Omar 1838 Osage Rd., Clay Center, Ks. 15.01 NOT REGISTERED 5703443 Pickering, Todd Emery 502 Juniper St., Wakefield, Ks. 8.01 NOT REGISTERED 1922174 Rumage, Cindy Rose 1856 Limestone Rd., Clay Center, Ks. 15.01 NOT REGISTERED 2500311 Steppe, Richard R. 902 Hickory, Wakefield, Ks. 8.01 FAILED TO PROVIDE ID 362191 Stuck, Jennifer Lynn 733 Prospect St. Apt #2, Clay Center, Ks. 31.01 NOT REGISTERED 5810118 Taylor, Jessie Ann 819 Clay St., Clay Center, Ks. 32.01 NOT REGISTERED 5919204 Last, Connor Jacob 509 Lane St., Clay Center, Ks. 30.01 SIGNATURE DID NOT MATCH
Ex. 1-022 From: Davis Hammet To: Esmie Tseng Subject: Fwd: Cloud County Provisional ballots Date: Tuesday, June 23, 2020 7:13:34 PM
------Forwarded message ------From: Davis Hammet
Stacie, This report works great! Thank you so much for your time and your public service to the state of Kansas! - Davis
On Fri, Aug 9, 2019 at 1:50 PM Stacie LaBarge
Here you go. If you have any questions please let Shella know.
Thanks
Stacie LaBarge
785-243-8112
Confidentiality Notice: The information contained in this e-mail and any attachments is privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. Thank you.
Ex. 1-023 From: Davis Hammet To: Esmie Tseng Subject: Fwd: KORA Request - 2018 General Voter Rejection Data Date: Tuesday, June 23, 2020 7:13:16 PM Attachments: Provisional 11-6-18 list for Hammet.pdf
------Forwarded message ------From: Karen Madison
It is attached.
Karen Madison
Cowley County Clerk/Election Officer
620-221-5495
From: Davis Hammet [mailto:[email protected]] Sent: Wednesday, August 7, 2019 8:07 AM To: Karen Madison Subject: Re: KORA Request - 2018 General Voter Rejection Data
I did not receive it. Could you please try to send it attached again?
Thank you,
- Davis
On Mon, Aug 5, 2019 at 9:51 AM Karen Madison
I had it attached to that email, did you receive it?
Ex. 1-024
Karen Madison
Cowley County Clerk/Election Officer
620-221-5495
From: Davis Hammet [mailto:[email protected]] Sent: Friday, August 2, 2019 5:09 PM To: Karen Madison Subject: Re: KORA Request - 2018 General Voter Rejection Data
Hey Karen,
The version you described should work fine!
Thank you,
- Davis
On Fri, Jul 26, 2019 at 8:48 AM Karen Madison
Mr. Hammet,
I have the list of provisional ballots not counted from the General 2018 Election with the information I included in my email yesterday. Please advise if you would like that list or require one with all the pieces of information indicated in your original email.
Thank you
Ex. 1-025 Karen Madison
Cowley County Clerk/Election Officer
620-221-5495
From: Davis Hammet [mailto:[email protected]] Sent: Tuesday, July 23, 2019 8:51 PM To: Karen Madison Subject: KORA Request - 2018 General Voter Rejection Data
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. §45-215, et seq.,
I request voter file data of voters in your county who cast provisional ballots in the 2018 general election that were not counted and the reason their respective ballots were not counted. This data is to include each uncounted provisional voter’s registration ID, full name, reason for their ballot’s rejection, address, email, phone number, voting districts, and all other disclosable fields of data. I request this data be in a common spreadsheet format such as .csv or .xlsx. I request all communication in regards to this request be through email to [email protected].
I’ve attached a signed statement that I will follow use limitations within K.S.A. §45- 220(c)(2) and a copy of my identification. No further documentation should be required to fulfill my open records request.
If you have concerns about fulfilling this provisional voter data request please review the court order in Hammet v. Metsker [Case No. 18CV5173].
Thank you, Davis Hammet (850) 585-7903
Ex. 1-026 From: Davis Hammet To: Esmie Tseng Subject: Fwd: FW: KORA Request - 2018 General Voter Rejection Data Date: Tuesday, June 23, 2020 7:20:22 PM Attachments: GN2018 Crawford Co Provisional ballots not counted.xlsx November 13, 2018 Canvass Minutes.pdf
------Forwarded message ------From: Don Pyle
Hello Davis,
We have attached the spreadsheet with the information on provisional ballots for the 2018 General Election that you requested. As you will see on the report, of the 77 provisional ballots that were not counted, 71 were not registered, 2 had already voted advance ballots and 4 were not able to provide a valid photo ID and did not provide us with an ID before the canvass. I have also attached a copy of the minutes of the meeting of the Board of Canvassers that indicates that 305 provisional ballots were counted. Please let us know if you need anything else.
Don Pyle
Crawford County Clerk
620-724-6115 Phone, 620-724-6007 Fax
From: Davis Hammet [mailto:[email protected]] Sent: Tuesday, July 23, 2019 9:37 PM To: [email protected] Subject: KORA Request - 2018 General Voter Rejection Data
To whom it may concern,
Pursuant to the Kansas Open Records Act K.S.A. 45-215, et seq.,
Ex. 1-027 From: Davis Hammet To: Esmie Tseng Subject: Fwd: DK County Provisional list Date: Tuesday, June 23, 2020 7:21:42 PM Attachments: [email protected]_20190930_113158.pdf
------Forwarded message ------From: Barb Jones
Davis Here is the receipt for your check & the information you requested. Barbara Jones
Barbara M. Jones PO Box 248 Abilene, KS. 67410 (Phone) 785-263-3774 (Fax) 785-263-2045
Ex. 1-028 Ex. 1-029 Ex. 1-030 Ex. 1-031 Ex. 1-032 Ex. 1-033 Ex. 1-034 Esmie Tseng
From: Davis Hammet
------Forwarded message ------From: Doniphan County Clerk
Good Morning Mr. Hammet,
Doniphan County will work to fulfill your request for open records information regarding provisional ballots cast during the 2018 general election. There is a charge for open record information of $0.02 per name, a $6.00 per hour research fee and $0.50 per page fee. Payment will need to be received by my office prior to providing the requested information. Please let me know if you would like for my office to comply with your open records request, as preliminary research will need to be done to determine an amount within the 3 day notification period.
Sincerely,