Case: 1:17-cv-1354 As of: 11/02/2018 05:38 PM EDT 1 of 11
CLOSED,TYPE−D
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−01354−CKK

LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW v. PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY et al Assigned to: Judge Colleen Kollar−Kotelly Case in other court: USCA, 17−05167 Cause: 05:702 Administrative Procedure Act
Plaintiff

Date Filed: 07/10/2017 Date Terminated: 09/07/2018 Jury Demand: None Nature of Suit: 899 Administrative Procedure Act/Review or Appeal of Agency Decision Jurisdiction: U.S. Government Defendant

LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW

represented by John Arak Freedman ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave, NW Washington, DC 20001 (202) 942−5316 Fax: (202) 942−5999 Email: john.freedman@apks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel F. Jacobson ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Avenue, NW Washington, DC 20001 (202) 942−5602 Email: daniel.jacobson@apks.com ATTORNEY TO BE NOTICED

David J. Weiner ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave, NW Washington, DC 20001 (202) 942−6702 Fax: (202) 942−5999 Email: david.weiner@apks.com ATTORNEY TO BE NOTICED

Ezra David Rosenberg LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue, NW Suite 400 Washington, DC 20005 (202) 662−8345 Fax: (202) 783−0857 Email: erosenberg@lawyerscommittee.org PRO HAC VICE ATTORNEY TO BE NOTICED

Jon M. Greenbaum LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1500 K Street, NW Suite 900 Washington, DC 20005 (202) 662−8325

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Email: jgreenbaum@lawyerscommittee.org ATTORNEY TO BE NOTICED
Robert Stanton Jones ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave, NW Washington, DC 20001 (202) 942−5563 Fax: (202) 942−5999 Email: stanton.jones@aporter.com ATTORNEY TO BE NOTICED

V. Defendant PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY
Defendant GENERAL SERVICES ADMINISTRATION

represented by Carol Federighi U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 6108 Washington, DC 20530 (202) 514−1903 Email: carol.federighi@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Shapiro U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street, NW Washington, DC 20530 (202) 514−5302 Fax: (202) 616−8470 Email: Elizabeth.Shapiro@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph Evan Borson U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street NW Washington, DC 20005 (202) 514−1944 Fax: (202) 616−8460 Email: joseph.borson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristina Ann Wolfe U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch P.O. Box 883 Ben Franklin Station Washington, DC 20044 (202) 353−4519 Email: kristina.wolfe@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Federighi (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant OFFICE OF THE VICE PRESIDENT

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant OFFICE OF ADMINISTRATION

represented by Carol Federighi (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
MICHAEL R. PENCE IN HIS OFFICIAL CAPACITY AS CHAIR OF THE PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
KRIS W. KOBACH IN HIS OFFICIAL CAPACITY AS VICE CHAIR OF THE PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
ANDREW KOSSACK IN HIS OFFICIAL CAPACITY AS

represented by Carol Federighi (See above for address)

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DESIGNATED FEDERAL OFFICER FOR THE PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
TIMOTHY R. HORNE IN HIS OFFICIAL CAPACITY AS ACTING ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
MARCIA L. KELLY IN HER OFFICIAL CAPACITY AS DIRECTOR OF THE OFFICE OF ADMINISTRATION

represented by Carol Federighi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elizabeth J. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Evan Borson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristina Ann Wolfe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

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07/10/2017
07/10/2017 07/10/2017
07/10/2017 07/10/2017 07/10/2017 07/10/2017 07/10/2017 07/10/2017 07/10/2017 07/11/2017
07/11/2017 07/12/2017 07/12/2017

1 COMPLAINT against EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY ( Filing fee $ 400, receipt number 4616085882) filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zrdj) (Entered: 07/10/2017)
2 NOTICE OF RELATED CASE by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. Case related to Case No. 17−1320, 17−1351. (zrdj) (Entered: 07/10/2017)
SUMMONS (12) Issued as to EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 07/10/2017)
3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(zrdj) (Entered: 07/10/2017)
4 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (zrdj) (Entered: 07/10/2017)
5 ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar−Kotelly. Signed by Judge Colleen Kollar−Kotelly on 07/10/2017. (DM) (Entered: 07/10/2017)
6 NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) (Entered: 07/10/2017)
7 NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 07/10/2017)
8 NOTICE of Appearance by Carol Federighi on behalf of All Defendants (Federighi, Carol) (Entered: 07/10/2017)
NOTICE of Hearing: Telephone Conference on the record set for 7/11/2017 at 8:30 AM in Courtroom 28A before Judge Colleen Kollar−Kotelly. (dot) (Entered: 07/13/2017)
MINUTE ORDER: The Court has received Plaintiff's 3 Motion for a Temporary Restraining Order and Preliminary Injunction. The parties shall adhere to the following expedited briefing schedule. Defendants shall file their opposition by July 13, 2017 at 5:00 P.M. Plaintiff shall file its reply by July 14, 2016 at 5:00 P.M. The parties briefing should address the availability of judicial review of Plaintiffs claims pursuant to the Federal Advisory Committee Act, including pursuant to the Administrative Procedure Act, and by way of mandamus jurisdiction. The parties have agreed to the consideration of the motion for temporary restraining order and motion for preliminary injunction in a single proceeding. Signed by Judge Colleen Kollar−Kotelly on 7/11/2017. (lcckk1) (Entered: 07/11/2017)
Minute Entry for proceedings held before Judge Colleen Kollar−Kotelly: Telephone Conference on the record held on 7/11/2017. Defendants shall file opposition to 3 by 7/13/2017. Plaintiff shall file Reply to 3 by 7/14/2017. (Court Reporter Richard Ehrlich.) (dot) (Entered: 07/13/2017)
9 NOTICE of Appearance by John Arak Freedman on behalf of All Plaintiffs (Freedman, John) (Main Document 9 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)
10 NOTICE of Appearance by David J. Weiner on behalf of All Plaintiffs (Weiner, David) (Main Document 10 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)

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07/12/2017 07/12/2017 07/13/2017 07/13/2017 07/13/2017
07/14/2017 07/18/2017 07/18/2017 07/18/2017
07/19/2017 07/21/2017 07/21/2017
07/24/2017
07/24/2017 07/26/2017

11 NOTICE of Appearance by Robert Stanton Jones on behalf of All Plaintiffs (Jones, Robert) (Main Document 11 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)
12 NOTICE of Appearance by Ezra David Rosenberg on behalf of All Plaintiffs (Rosenberg, Ezra) (Main Document 12 replaced on 7/13/2017) (znmw). (Entered: 07/12/2017)
13 NOTICE of Appearance by Kristina Ann Wolfe on behalf of All Defendants (Wolfe, Kristina) (Entered: 07/13/2017)
14 NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Main Document 14 replaced on 7/14/2017) (znmw). (Entered: 07/13/2017)
15 RESPONSE re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration Kossack Decl.)(Borson, Joseph) (Entered: 07/13/2017)
16 REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 07/14/2017)
17 MEMORANDUM OPINION. Signed by Judge Colleen Kollar−Kotelly on 7/18/2017. (lcckk1) (Entered: 07/18/2017)
18 ORDER. Plaintiff's 3 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar−Kotelly on 7/17/2017. (lcckk1) (Entered: 07/18/2017)
19 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 18 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 17 Memorandum & Opinion by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. Filing fee $ 505, receipt number 0090−5036541. Fee Status: Fee Paid. Parties have been notified. (Freedman, John) (Entered: 07/18/2017)
20 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 19 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/19/2017)
USCA Case Number 17−5167 for 19 Notice of Appeal to DC Circuit Court, filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (zrdj) (Entered: 07/21/2017)
21 MOTION Status Conference, Limited Discovery, and Other Relief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Freedman, John). Added MOTION for Hearing, MOTION for Discovery on 7/24/2017 (znmw). (Entered: 07/21/2017)
MINUTE ORDER: The Court has received Plaintiff's 21 Motion for a Status Conference, For Limited Expedited Discovery, and For Appropriate Relief. The parties shall abide by the following briefing schedule. Defendants shall file their response by JULY 31, 2017. Plaintiff shall file its reply by AUGUST 4, 2017. Signed by Judge Colleen Kollar−Kotelly on 7/24/2017. (lcckk1) (Entered: 07/24/2017)
Set/Reset Deadlines: Defendant shall file Response to 21 by 7/31/2017. Plaintiff shall file its Reply by 8/4/2017. (dot) (Entered: 07/25/2017)
22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/11/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United

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07/31/2017
08/04/2017 08/18/2017 08/18/2017 08/21/2017 08/24/2017 08/28/2017
08/30/2017 08/30/2017 08/31/2017

States Attorney on 7/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 9/9/2017.) (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Freedman, John) (Entered: 07/26/2017)
23 RESPONSE re 21 MOTION Status Conference, Limited Discovery, and Other Relief MOTION for Hearing MOTION for Discovery filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Declaration Second Decl. Andrew J. Kossack, # 2 Text of Proposed Order)(Borson, Joseph) (Entered: 07/31/2017)
24 REPLY to opposition to motion re 21 MOTION Status Conference, Limited Discovery, and Other Relief MOTION for Hearing MOTION for Discovery filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Freedman, John) (Entered: 08/04/2017)
25 ORDER. A hearing on the pending motion shall be held on Wednesday, August 30, 2017 at 10:00 A.M. Signed by Judge Colleen Kollar−Kotelly on 8/18/2017. (lcckk1) (Entered: 08/18/2017)
Set/Reset Hearings: Motion Hearing set for 8/30/2017 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar−Kotelly. (dot) (Entered: 08/18/2017)
Set/Reset Deadlines: By 8/242017, Plaintiff shall submit a proposed discovery plan; Defendants reply to the proposed discovery plan due by 8/28/2017. (kt) (Entered: 08/21/2017)
26 NOTICE of Plaintiff's Discovery Plan by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Freedman, John) (Entered: 08/24/2017)
27 RESPONSE re 26 Notice (Other) Opposition to Plaintiff's Proposed Discovery Plan filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) Modified event title on 8/29/2017 (znmw). (Entered: 08/28/2017)
28 ORDER. The 21 Motion is GRANTED−IN−PART and DENIED−IN−PART. By September 5, 2017, at 5 P.M. EST, the parties shall file a Joint Status Report. For the time being, Defendants' obligation to answer or otherwise respond to the complaint is STAYED. Signed by Judge Colleen Kollar−Kotelly on 8/30/2017. (lcckk1) (Entered: 08/30/2017)
Minute Entry for proceedings held before Judge Colleen Kollar−Kotelly: Status Conference held on 8/30/2017. Joint Status Report due by 9/5/2017. Vaughn Index due by 9/26/2017. (Court Reporter Richard Ehrlich.) (dot) (Entered: 08/30/2017)
29 TRANSCRIPT OF STATUS HEARING before Judge Colleen Kollar−Kotelly held on August 30, 2017; Page Numbers: 1 − 47. Date of Issuance:August 31, 2017. Court Reporter/Transcriber Richard D. Ehrlich, Telephone number 202−354−3269, Transcripts may be ordered by submitting the Transcript Order Form
For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cour t reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi−page, condensed, CD or ASCII) may be purchased from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty−one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.

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09/05/2017 09/20/2017 09/20/2017 09/20/2017 09/25/2017 09/27/2017
09/29/2017
10/03/2017 10/13/2017 10/16/2017 10/16/2017

Redaction Request due 9/21/2017. Redacted Transcript Deadline set for 10/1/2017. Release of Transcript Restriction set for 11/29/2017.(Ehrlich, Richard) (Entered: 08/31/2017)
30 Joint STATUS REPORT by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) (Entered: 09/05/2017)
31 NOTICE of Appearance by Daniel F. Jacobson on behalf of All Plaintiffs (Jacobson, Daniel) (Main Document 31 replaced on 9/21/2017) (znmw). (Entered: 09/20/2017)
MINUTE ORDER: The parties shall file a Joint Status Report by 4 P.M. EST on SEPTEMBER 25, 2017, updating the Court regarding the progress of the substantive meet and confer process that the parties were instructed to engage in by the Court's August 30, 2017 28 Order. Signed by Judge Colleen Kollar−Kotelly on 9/20/2017. (lcckk1) (Entered: 09/20/2017)
Set/Reset Deadlines: Joint Status Report by 4 P.M. EST on 9/25/2017. (dot) (Entered: 09/21/2017)
32 Joint STATUS REPORT by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) (Entered: 09/25/2017)
MINUTE ORDER: The Court has received and reviewed the parties' most recent 32 Joint Status Report updating the Court regarding the substantive meet and confer process ordered by the Court for purposes of preparing a Vaughn−style index in this matter. The Court shares many of Plaintiff's concerns regarding Defendants' positions on the index, but shall not rule on these until after the index has been submitted to the Court on September 29, 2017. Nonetheless, the Court shall bear these concerns in mind as it reviews the index and provides further guidance on how this matter shall proceed. Signed by Judge Colleen Kollar−Kotelly on 9/27/2017. (lcckk1) (Entered: 09/27/2017)
33 NOTICE of Filing by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY re 28 Order on Motion for Miscellaneous Relief, (Attachments: # 1 Exhibit 1: Third Kossack Declaration, # 2 Exhibit 2: Fourth Kossack Declaration, # 3 Exhibit 3: Document Index)(Federighi, Carol) (Entered: 09/29/2017)
34 STATUS REPORT by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 10/03/2017)
35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Freedman, John) (Entered: 10/13/2017)
MINUTE ORDER: The Court has received Plaintiff's 35 Motion to Compel Compliance with the Court's August 30, 2017 Order and for Additional Appropriate Relief. The parties shall abide by the following briefing schedule. Defendants' opposition shall be due by OCTOBER 27, 2017. Plaintiff's reply shall be due by NOVEMBER 3, 2017. Signed by Judge Colleen Kollar−Kotelly on 10/16/2017. (lcckk1) (Entered: 10/16/2017)
Set/Reset Deadlines: Defendants' Response to 35 due by 10/27/2017. Plaintiff's Reply to 35 due by 11/3/2017. (dot) (Entered: 10/17/2017)

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10/27/2017
11/03/2017 12/20/2017 01/03/2018 01/11/2018 01/26/2018 01/30/2018
06/28/2018
06/29/2018 07/24/2018
07/24/2018

36 Memorandum in opposition to re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 10/27/2017)
37 REPLY to opposition to motion re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) (Entered: 11/03/2017)
38 MANDATE of USCA as to 19 Notice of Appeal to DC Circuit Court, filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW ; USCA Case Number 17−5167. (Attachments: # 1 USCA Order)(td) (Entered: 12/26/2017)
39 NOTICE of Executive Order by OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Exhibit Executive Order)(Borson, Joseph) (Entered: 01/03/2018)
40 RESPONSE re 39 NOTICE of Executive Order filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Freedman, John) Modified to add link on 1/12/2018 (znmw). (Entered: 01/11/2018)
41 SUPPLEMENTAL MEMORANDUM to re 35 MOTION to Compel Compliance With Court's August 30, 2017 Order and for Additional Appropriate Relief filed by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW. (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 01/26/2018)
42 RESPONSE re 41 Supplemental Memorandum re 35 MOTION to Compel re: Supplemental Mem. (Dkt. No. 41) filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY. (Borson, Joseph) Modified event title and link on 1/31/2018 (znmw). (Entered: 01/30/2018)
43 MEMORANDUM OPINION AND ORDER. The Court DENIES WITHOUT PREJUDICE Plaintiff's 35 Motion to Compel Compliance with the Court's August 30, 2017 Order and for Additional Appropriate Relief, and DENIES WITHOUT PREJUDICE Plaintiff's 41 Supplemental Request for Relief in Conjunction with Plaintiff's Motion to Compel Compliance with the Court's August 30, 2017 Order.Defendants shall file a Motion to Dismiss by JULY 30, 2018. Plaintiff shall respond to the Motion to Dismiss by AUGUST 13, 2018. Defendants' reply, if any, shall be due by AUGUST 20, 2018.See Memorandum Opinion and Order for further details.Signed by Judge Colleen Kollar−Kotelly on June 28, 2018.(lcckk1) Modified on 6/29/2018 to change document type to opinion(kt). (Entered: 06/28/2018)
Set/Reset Deadlines: Defendants shall file a Motion to Dismiss by 7/30/2018; Plaintiff shall respond to the Motion to Dismiss by 8/19/2018; Defendants' reply, if any, shall be due by 8/20/2018. (kt) (Entered: 06/29/2018)
44 Unopposed MOTION for Extension of Time to file Motion to Dismiss by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Text of Proposed Order)(Borson, Joseph) (Entered: 07/24/2018)
MINUTE ORDER: The Court has received Defendants' 44 Unopposed Motion for an Extension of Time to File Their Motion to Dismiss. Defendants seek additional time so that "the parties can continue to discuss how the release of documents in a related case pending before this Court, Dunlap v. Presidential Advisory Commission on Election

Case: 1:17-cv-1354 As of: 11/02/2018 05:38 PM EDT 11 of 11

07/24/2018 08/29/2018
09/07/2018 09/07/2018

Integrity ('Dunlap'), No. 17−cv−2361 (CKK), may narrow or eliminate the issues outstanding in the present litigation." With Plaintiff's consent, the Court GRANTS Defendants' 44 Unopposed Motion, for good cause shown. Defendants shall file their Motion to Dismiss by AUGUST 29, 2018. Plaintiff shall respond to the Motion to Dismiss by SEPTEMBER 12, 2018. Defendants' reply, if any, shall be due by SEPTEMBER 19, 2018. Signed by Judge Colleen Kollar−Kotelly on July 24, 2018. (lcckk1 ) (Entered: 07/24/2018)
Set/Reset Deadlines: Defendants' Motion to Dismiss due by 8/29/2018. Response due by 9/12/2018. Reply due by 9/19/2018. (dot) (Entered: 07/26/2018)
45 MOTION to Dismiss by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, GENERAL SERVICES ADMINISTRATION, TIMOTHY R. HORNE, MARCIA L. KELLY, KRIS W. KOBACH, ANDREW KOSSACK, OFFICE OF ADMINISTRATION, OFFICE OF THE VICE PRESIDENT, MICHAEL R. PENCE, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Text of Proposed Order)(Wolfe, Kristina) (Entered: 08/29/2018)
46 NOTICE of Voluntary Dismissal by LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 09/07/2018)
47 ORDER. This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Colleen Kollar−Kotelly on September 7, 2018. (lcckk1) (Entered: 09/07/2018)

 
 Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 1 of 21

IN THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue, NW Washington, D.C. 20005,
Plaintiff,
v.
U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, NW Washington, D.C. 20530,
U.S. DEPARTMENT OF HOMELAND SECURITY, 245 Murray Lane, SW Washington, D.C. 20528,
Defendants.

Docket No.

COMPLAINT INTRODUCTION Plaintiff Lawyers’ Committee for Civil Rights Under Law (the “Lawyers’ Committee”) brings this action under the Freedom of Information Act, 5 U.S.C. § 522 (“FOIA”), against Defendants United States Department of Justice (“DOJ”) and United States Department of Homeland Security (“DHS”) to compel Defendants to disclose records relating to the Presidential Advisory Commission on Election Integrity (“PACEI” or the “Commission”) requested by the Lawyers’ Committee under FOIA. This suit concerns the Government’s failure to abide by basic requirements of openness and transparency. During its entire existence, PACEI operated under a cloud of pervasive secrecy, in violation of federal law, refusing to make almost all of its records available to the public. Given the Commission’s clandestine operations, and the Commission’s continued refusal

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to disclose information pertaining to it, it is critically important that the activities of DOJ and/or DHS in relation to the Commission be disclosed to the public.
PARTIES 1. Plaintiff the Lawyers’ Committee was founded in 1963 and is committed to full and fair enforcement of federal civil rights laws and ensuring equal justice under law for all. The Lawyers’ Committee has been at the forefront of the legal struggle to advance and protect the right to vote, and accordingly has substantial interest in the work and potential consequences of the Commission. The Lawyers’ Committee’s rights under FOIA have been violated by Defendants’ refusal to disclose records as required by law. The Lawyers’ Committee is located in Washington, D.C. 2. Defendant DOJ is a federal agency within the meaning of FOIA, 5 U.S.C. § 552(f)(1), and includes the Office of Information Policy and the Office of the Solicitor General. DOJ is headquartered at 950 Pennsylvania Avenue, NW, Washington D.C. 20530, and has possession, custody, and control of documents that the Lawyers’ Committee seeks in response to its FOIA request. 3. Defendant DHS is a federal agency within the meaning of FOIA, 5 U.S.C. § 552(f)(1). DHS is headquartered at 245 Murray Lane, SW, Washington D.C. 20528, and has possession, custody, and control of documents that the Lawyers’ Committee seeks in response to its FOIA request.
JURISDICTION AND VENUE 4. The Court has jurisdiction under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. 5. Venue is proper in this district under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e).
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STATEMENT OF FACTS A. The Presidential Advisory Commission on Election Integrity 6. On November 27, 2016, then-President-Elect Donald J. Trump expressed his belief that he would have won the popular vote, in addition to the electoral college, if not for millions of purported illegal votes cast for his opponent. He tweeted: “In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally.” Ex. A. The President-Elect offered no evidence to support this assertion. 7. Five days after taking office, on January 25, 2017, the President announced in a series of tweets that he would launch an investigation into voter fraud. Ex. B. 8. On May 11, 2017, President Trump established the Commission by Executive Order and appointed Vice President Pence to serve as its Chair. Exec. Order 13799, 82 FR 22389 (May 11, 2017). The Executive Order declared that the Commission’s stated purpose was to “study the registration and voting processes used in Federal elections,” and to produce a report to the President on topics including “those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting.” Id. § 3. 9. The following day, President Trump named Kansas Secretary of State Kris Kobach as Vice Chair of the Commission. The other members of the Commission were Connie Lawson (Indiana Secretary of State), Bill Gardner (New Hampshire Secretary of State), Matthew Dunlap (Maine Secretary of State), Ken Blackwell (former Ohio Secretary of State), Christy McCormick (Commission, Election Assistance Commission), Mark Rhodes (Clerk of Wood County, West Virginia), Hans von Spakovsky (Senior Legal Fellow, Heritage Foundation), J. Christian Adams (President and General Counsel, Public Interest Legal Foundation), David
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Dunn (former Arkansas State Representative), and Alan King (Probate Judge, Jefferson County, Alabama).
10. Several members of the Commission have a documented history of engaging in efforts designed to suppress voter participation. For example, as Kansas Secretary of State, Vice Chair Kobach instituted a series of measures ostensibly designed to reduce voter fraud but which in reality targeted and suppressed minority voters.1 Kobach has also suggested comparing voter rolls with DHS’s “database of all known aliens, green card holders, [and] temporary visa holder[s] in the United States” as a means to prove his allegations of voter fraud.2
11. Von Spakovsky has led efforts urging states to adopt strict photo identification requirements to vote, which disproportionately affects minority voters, and to purge voter registration rolls.3 Likewise, Adams has long championed efforts to purge voter registration and has even claimed that an “alien invasion” exists at the voting booth.4
12. On June 29, 2017, Vice Chair Kobach sent a letter to officials of all 50 states requesting that they provide the Commission with personal information of registered voters,
1 See Greg Palast, The GOP’s Stealth War Against Voters, Aug. 24, 2016, Rolling Stone, http://www.rollingstone.com/politics/features/the-gops-stealth-war-against-voters-w435890. 2 Kobach Talks Goals of New Voter Fraud Commission; Commerce Secretary on North Korea Missile Test, China Trade Deal, Transcript, May 14, 2017, http://www.foxnews.com/transcript/2017/05/14/kobach-talks-goals-new-voter-fraudcommission-commerce-secretary-on-nkorea-missile-test-china-trade-deal.html. 3 See Alex Horton & Gregory S. Schneider, Trump’s Pick to Investigate Voter Fraud is Freaking Out Voting Rights Activists, Washington Post, June 30, 2017, https://www.washingtonpost.com/news/post-nation/wp/2017/06/30/trumps-pick-to-investigatevoter-fraud-is-freaking-out-voting-rights-activists/?utm_term=.5c57c2cec96b. 4 Jane C. Timm, Voter Fraud Crusader J. Christian Adams Sparks Outrage, NBC News, Aug. 27, 2017, https://www.nbcnews.com/politics/donald-trump/vote-fraud-crusader-j-christianadams-sparks-outrage-n796026.
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including their full names, addresses, dates of birth, voting history, and the last four digits of their Social Security numbers.5
13. Also on June 29, 2017, T. Christian Herren, Jr., Chief of the Voting Section of DOJ’s Civil Rights Division, sent a letter to the chief election officials of all 50 states requesting that they provide “information regarding [each] State’s procedures for compliance with state voter registration list maintenance provisions of the National Voter Registration Act (‘NVRA’).”6
14. The timing of these two letters has raised suspicion about undisclosed cooperation between DOJ and the Commission.7
15. On July 10, 2017, the Lawyers’ Committee filed a complaint against the Commission and other government entities (who are not defendants in this suit) to enforce the disclosure obligations under the Federal Advisory Committee Act (“FACA”), 5 U.S.C. app. II. See Lawyers’ Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity, et al., No. 1:17-cv-01354-CKK (D.D.C.) (“PACEI Litigation”). Throughout the PACEI Litigation, the defendants in that case have maintained that they are only required to disclose a minimal number of Commission-related records under FACA.
5 Bryan Lowry, Kris Kobach wants every U.S. voter’s personal information for Trump’s commission, June 29, 2017, Kansas City Star, http://www.kansascity.com/news/politicsgovernment/article158871959.html. 6 Sam Levine, This DOJ Letter May Be More Alarming Than Trump Commission’s Request For Voter Data, HuffPost, July 5, 2017, http://www.huffingtonpost.com/entry/department-of-justicevoter-purge_us_595d22b1e4b0da2c7326c38b. 7 Pam Fessler, Advocates Worry Trump Administration Wants To Revamp Motor Voter Law, NPR, July 8, 2017, https://www.npr.org/2017/07/08/536006813/advocates-worry-trumpadministration-wants-to-revamp-motor-voter-law.
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16. The Commission held its first official meeting on July 19, 2017. President Trump attended the meeting and in his opening remarks repeated claims about voter fraud during the 2016 Presidential Election.8 He also applauded the states that had agreed to share information with the Commission and suggested that states refusing to do so were hiding something.9
17. At the July 19, 2017 meeting, Vice Chair Kobach directed Commission staff to begin collecting data from other federal agencies relevant to the Commission’s work.10 Commissioner von Spakovsky recommended that the Commission “should have access to . . . DHS data ” in particular, in order to study (among other things) whether DHS was sharing information with DOJ.11
18. In response to a motion to compel filed by the Lawyers’ Committee in the PACEI Litigation, on August 30, 2017, Judge Kollar-Kotelly ordered the defendants in the PACEI Litigation to produce a Vaughn-type index “detailing what specific documents have been collected with respect to the Commission to date, which of those have been disclosed, and if they have not been disclosed, on what basis.” Dkt. 28, No. 1:17-cv-01354-CKK (D.D.C.).
19. The Commission held a second meeting on September 12, 2017, which focused on the issue of purported voter fraud in the State of New Hampshire. Although Vice Chair
8 Pam Fessler & Brett Nelly, Talk of Voter Fraud Dominates First Meeting of Election Integrity Commission, NPR, July 18, 2017, https://www.npr.org/2017/07/19/538152713/talk-of-voterfraud-dominates-first-meeting-of-election-integrity-commission. 9 Remarks by President Trump and Vice President Pence at the Presidential Advisory Commission on Election Integrity Meeting, July 19, 2017, https://www.whitehouse.gov/thepress-office/2017/07/19/remarks-president-trump-and-vice-president-pence-presidentialadvisory. 10 Presidential Advisory Commission on Election Integrity, Meeting Minutes at 5, July 19, 2017, https://www.whitehouse.gov/sites/whitehouse.gov/files/documents/Minutes%20for%20July%20 19%2C%202017%20Public%20Meeting.pdf 11 Id.
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Kobach had claimed that there was proof of widespread voter fraud during the November 2016 election—possibly enough to have influenced the outcome of the election—New Hampshire Secretary of State Bill Gardner, another member of the Commission, denied such claims and stated that the November 2016 election was “real and valid.”12
20. Also on September 12, 2017, it was revealed that, prior to the formal establishment of the Commission, von Spakovsky had sent an email about the Commission’s membership that was ultimately received by Attorney General Sessions. Von Spakovsky wrote in that email, dated February 22, 2017, that the Commission should not be “bipartisan” and should not include any “Democrats,” “mainstream Republicans,” or “academics.”13
21. On September 29, 2017, defendants in the PACEI Litigation produced the Vaughn-type index ordered by Judge Kollar-Kotelly. Dkt. 33-3, No. 1:17-cv-01354-CKK (D.D.C.). The index indicates that members and staff of the Commission had extensive written communications with other federal agencies, including DOJ and DHS.
22. Following production of the Vaughn index, the defendants in the PACEI Litigation continued to take the position that the Commission is entitled to operate in complete secrecy and the defendants are not required to make any Commission records available to the public pursuant to FACA.
12 Pam Fessler, Tension And Protests Mark Trump Voting Commission Meeting, NPR, Sept. 12, 2017, https://www.npr.org/2017/09/12/550518986/tension-and-protests-mark-trump-votingcommission-meeting. 13 Dell Cameron, Jeff Sessions Was Lobbied to Exclude Democrats From Trump's Election Fraud Panel, Gizmodo, Sept. 12, 2017, https://gizmodo.com/jeff-sessions-was-lobbied-toexclude-democrats-from-tru-1804006784.
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23. On information and belief, DOJ and DHS personnel engaged in other external and internal communications about the Commission and its activities beyond those identified on the Vaughn index.
24. The activities of the Commission have generated extensive public interest and media scrutiny. They have also become embroiled in legal controversy. The Government Accountability Office announced in October 2017 that it would investigate the Commission’s use of federal funds to support the Commission’s work and whether the Commission was following federal regulations.14 And in November, Commission member Matthew Dunlap sued the Commission under the Federal Advisory Committee Act for refusing to provide documents to him that other Commissioners had purportedly received.15
25. On January 3, 2018, President Trump dissolved the Commission.16 In announcing its dissolution, the White House Press Secretary announced that the President “has asked the Department of Homeland Security to review [the Commission’s] initial findings and determine next courses of action.”17 The following day, the White House Press Secretary stated “we are going to send the preliminary findings from the commission to the Department of Homeland
14 October 25, 2017 Letter from K. Siggerud, U.S. Government Accountability Office to Sen. M. Bennett, available at https://www.scribd.com/document/362680901/GAO-Acceptance-of-VoterCommission-Investigation. 15 See Dunlap v. Presidential Advisory Commission on Election Integrity et al., No. 17-cv-2361CKK (D.D.C.). 16 Executive Order 13820, 83 FR 969 (Jan. 3, 2018). 17 Statement by the Pres Secretary on the Presidential Advisory Commission on Election Integrity, Jan. 3, 2018, https://www.whitehouse.gov/briefings-statements/statement-presssecretary-presidential-advisory-commission-election-integrity/.
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Security and make determinations on the best way forward . . . .”18 And Vice Chair Kobach stated that “what’s happening is a tactical shift where the mission of the commission is being handed off to Homeland Security . . . I’ll be working closely with the White House and DHS to ensure the investigations continue.”19 Kobach also stated that it “became clear that the better way to move forward would be to have the Department of Homeland Security do it . . . DHS knows all the people who have green cards. DHS knows the identity of all the people who have temporary visas, and they also know the identity of illegal aliens who are in removal proceedings . . . I’ll be working with the Department of Homeland Security and with the White House as the investigations continue within the executive branch.”20
26. Given the pervasive secrecy surrounding the Commission, and the Commission’s continued refusal to disclose information pertaining to it, it is critically important that the activities of DOJ and/or DHS in relation to the Commission be disclosed to the public.
B. The Lawyers’ Committee’s FOIA Request to DOJ 27. On August 10, 2017, the Lawyers’ Committee submitted a FOIA request to the Department of Justice Office of Information Policy (“OIP”) and the Solicitor General’s Office (“SG”) (see Ex. C), seeking, among other records, documents relating to or reflecting efforts to coordinate the Commission’s activities with DOJ, DOJ’s efforts to obtain and supply voter data
18 Press Briefing by Press Secretary Sarah Sanders, Jan. 4, 2018, https://www.whitehouse.gov/briefings-statements/press-briefing-by-press-secretary-sarahsanders01042018/ 19 John Binder, Kris Kobach: Voter Fraud Commission ‘Being Handed Off to DHS’ Breitbart News, Jan. 3, 2018, http://www.breitbart.com/big-government/2018/01/03/exclusive-kriskobach-voter-fraud-commission-being-handed-off-to-dhs-will-no-longer-be-stonewalled-bydems/ 20 Kris Kobach on What Led to the Disbandment of Controversial Election Commission, NPR, Jan. 4, 2018, https://www.npr.org/2018/01/04/575774092/kris-kobach-on-what-led-to-thedisbandment-of-controversial-election-commission
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to the Commission, and the SG’s reversal of legal positions in Husted v. A. Phillip Randolph
Institute, No. 16-980 (2016), a case currently pending before the United States Supreme Court.
28. More specifically, the August 10, 2017 FOIA request to OIP/SG sought:
1. All records containing, reflecting, documenting, summarizing, or otherwise relating to communications (including emails, telephone call logs, calendar entries, meeting agendas, or any other records reflecting communications) since January 20, 2017, between any employee of your agency and any of the following individuals:
a. Kris Kobach b. J. Kenneth Blackwell c. Hans von Spakovsky d. J. Christian Adams e. Andrew Kossack f. H. Christopher Coates g. Robert Popper h. Any employees or agents of the Public Interest Law Foundation
(including anyone with an email address ending in @publicinterestlegal.org). i. Any employees or agents of the American Civil Rights Union (including anyone with an email address ending in @theacru.org). j. Any employees or agents of Judicial Watch (including anyone with an email address ending in @judicialwatch.org).
2. All records containing, reflecting, documenting, summarizing, or otherwise relating to communications (including emails, telephone call logs, calendar entries, meeting agendas, or any other records reflecting communications) since January 20, 2017, between any employee of your agency and any employee of the Ohio Attorney General’s Office (including anyone with an email address ending in @OhioAttorneyGeneral.gov) as it pertains to Husted v. A. Phillip Randolph Institute.
29. DOJ has agency records responsive to this request.
30. The Lawyers’ Committee requested expedited processing pursuant to 5 U.S.C.
§ 552(a)(6)(E) and 28 C.F.R. § 16.5(b) & (e)(1)(iv).
31. The Lawyers’ Committee also requested a fee waiver pursuant to 5 U.S.C.
§ 552(a)(4)(A)(iii) and 28 C.F.R. § 16.10(k).
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32. On August 16, 2017, OIP acknowledged receipt of the August 10, 2017 request on behalf of the Offices of the Attorney General and Deputy Attorney General and assigned the request case reference numbers DOJ-2017-005986 (AG) and DOJ-2017-006057 (DAG). See Ex. D.
33. On September 18, 2017, the SG acknowledged receipt of the August 10, 2017 request and assigned it the case reference number DOJ-2017-126879. See Ex. E.
34. On September 29, 2017, the PACEI Litigation defendants produced the Vaughntype index ordered by Judge Kollar-Kotelly listing documents collected from Commission members and staff related to the Commission’s work. See Dkt. 33-3, No. 1:17-cv-1354-CKK (D.D.C.). The index lists multiple documents reflecting communications between DOJ and Commission members and/or staff.
• Entry 541: “Email exchange re: Chicago Board of Election,” (DOJ official to Commissioner McCormick, dated 5/15/17)
• Entry 544: “Email exchange discussing voting issue with attachment” (DOJ official to Commissioner McCormick, dated 7/5/17-7/6/17)
• Entry 564: “E-mail forwarding link to news article” (DOJ official to Commissioner McCormick, dated 9/15/17)
• Entry 565: “Email exchange discussing Chicago voting issue (Third party to DOJ official and Commissioner McCormick, dated 9/6/27, 9/11/17)
• Entry 687: “Email about setting up time to speak” (Kossack to DOJ official, dated 6/15/17)
• Entry 738: “ Email chain and planner setting a time for call [related to litigation]” (Kossack DHS Official and Staff and DOJ, dated 8/1/17)
• Entry 741: “Email chain and planner setting a time for call [related to litigation]” (DHS Official to Kossack, DHS, and DOJ, dated 8/2/17)
• Entry 748: “Email re: collecting data from non-state entities (chain)” (Kossack to DOJ, dated 8/22/17)
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35. In Congressional testimony on October 18, 2017, Attorney General Sessions admitted in response to questioning that DOJ had “been asked for assistance on several issues” by the Commission.
36. On October 20, 2017, the Lawyers’ Committee contacted DOJ regarding case reference numbers DOJ-2017-005986 and DOJ-2017-006057. The Lawyers’ Committee identified specific communications responsive to its FOIA request that were identified by DOJ attorneys in the Vaughn-type index and provided a copy of the full index. See Exs. F.
37. On October 31, 2017, the Lawyers’ Committee asked OIP for a status update in light of the Vaughn-type index the Lawyers’ Committee provided. See Ex. G.
38. On November 1, 2017, OIP refused to provide the Lawyers’ Committee with a date by which it would produce documents responsive to the Lawyers’ Committee’s request. OIP stated that it did not have access to the documents identified in the Vaughn-type index, notwithstanding the fact that the DOJ lawyers defending the PACEI lawsuit had the documents when they prepared the Vaughn-type index. OIP also stated that it was still processing the Lawyers’ Committee’s request on behalf of the Office of the Attorney General and the Office of the Deputy Attorney General but that the email search process tends to take three to four months, or longer. See Exs. H.
39. Also on November 1, 2017, OIP informed the Lawyers’ Committee that it was denying its request for expedited processing of its FOIA request with respect to case reference numbers DOJ-2017-005986 (AG) and DOJ-2017-006057 (DAG). OIP did not provide a reason for denying the request for expedited processing. See Ex. I.
40. Neither of the DOJ entities has informed the Lawyers’ Committee whether or not it will grant its fee waiver request.
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41. Pursuant to FOIA, within 20 business days of receipt of the Lawyers’ Committee’s request—that is, August 30, 2017—DOJ was required to “determine . . . whether to comply with such request” and to “immediately notify” the Lawyers’ Committee of “such determination and the reasons therefor.” 5 U.S.C. § 552(a)(6)(A)(i).
42. DOJ’s obligations under FOIA are independent of any obligations the Commission has under the Federal Advisory Committee Act. FOIA and FACA have different standards for disclosure. Any and all documents in DOJ’s possession are subject to FOIA. And to the extent that DOJ has documents that are not also in the Committee’s possession, they are not at issue in the PACEI Litigation.
43. Notwithstanding its statutory obligation to make a determination of the Lawyers’ Committee’s FOIA request within 20 working days, OIP and the SG have failed to produce any materials in response to that request or provide a determination whether OIP or SG will provide documents in response to the request.
44. Through DOJ’s failure to respond within the statutory time limit, the Lawyers’ Committee has constructively exhausted its administrative remedies and seeks immediate judicial review.
45. The Lawyers’ Committee intends to share any documents transmitted via FOIA with the public (subject to any and all appropriate redactions of personal information), and to provide information and analysis about those documents as appropriate.
C. The Lawyers’ Committee’s FOIA Request to DHS 46. On information and belief, DHS has documents relating to the Commission, including documents regarding Vice Chair Kobach’s to coordinate the Commission’s activities with DHS, and documents relating to the transfer of responsibilities from the Commission to DHS following the Commission’s termination.
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47. The Vaughn-type index produced on September 29, 2017 in the PACEI Litigation
lists multiple documents reflecting communications between DHS and Commission members,
including:
• Entry 365: “Email about setting up call with DHS,” (Kossack to DHS official, dated 6/19/17)
• Entry 383: “Email chain about potential partnership opportunities with DHS,” (Kossack to Kobach and OVP staff, dated 6/28/2017)
• Entry 384: “Follow-up email with DHS official,” (Kossack to DHS official, dated 6/28/2017)
• Entry 445: “Email chain re: availability for call with DHS,” (Kossack to Kobach, dated 7/20/2017 to 7/24/2017)
• Entry 447: “Email re: draft follow up letter to states re: data collection (with attachment),” (Kossack to Kobach, dated 7/24/2017)
• Entry 472: “Email chain re: phone call with Kobach, OVP, and DHS staff,” (Kossack to DHS staff and Kobach, dated 8/22/2017)
• Entry 475: “Email re: phone number for DHS call,” (Kossack to Kobach, dated 8/24/2017)
• Entry 681: “Email chain from DHS requesting information about the scope of the Commission’s work,” (DHS to OVP Counsel, dated 5/12/2017)
• Entry 682: “Email chain re: scheduling a telephone call,” (DHS to OVP Counsel, dated 5/15/2017 to 5/16/2017)
• Entry 689: “Email about setting up time to talk about Commission,” (Counsel to OVP to DHS, Kossack, dated 6/19/2017 to 6/20/2017)
• Entry 693: “Planner for call with DHS personnel,” (Kossack to DHS personnel, OVP staff, Kobach, dated 6/21/2017)
• Entry 701: “Follow up scheduling email with DHS personnel,” (Kossack to DHS staff, dated 6/28/2017)
• Entry 703: “Follow-up email re: getting response,” (DHS official to Kossack, dated 7/1/2017)
• Entry 705: “Email about potential future coordination/overlap between entities,” (DHS to OVP staff, OVP counsel, EOP, dated 7/6/2017)
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• Entry 706: “Email re: setting up time to talk,” (DHS official to OVP counsel, Kossack, dated 7/6/2017)
• Entry 711: “Email discussion about time for meeting,” (OVP counsel to DHS official, dated 7/8/2017)
• Entry 735: “Scheduling call,” (Kossack to DHS official, OVP staff, OVP counsel, dated 7/25/2017)
• Entry 738: “Email chain and planner setting a time for call [relating to litigation],” (Kossack to DHS official and staff, DOJ, dated 8/1/2017)
• Entry 739: “Call about litigation,” (Kossack to DHS, dated 8/1/2017) • Entry 741: “Email chain and planner setting a time for call [relating to
litigation],” (DHS official to Kossack, DHS, DOJ, dated 8/2/2017)
• Entry 742: “Email chain and planner setting a time for call [related to litigation],” (Kossack to DHS official, dated 8/3/2017)
• Entry 744: “Email chain and planner setting a time for call,” (Kossack to DHS official, OVP, dated 8/15/2017 to 8/16/2017)
• Entry 749: “Email chain and planner about setting up a time to speak,” (Kossack to DHS official, Kobach, OVP, dated 8/17/2017)
48. On October 24, 2017, the Lawyers’ Committee sent a FOIA request to DHS,
seeking, among other records, documents relating to or reflecting efforts to coordinate the
Commission’s activities with DHS, as well as the Commission’s efforts to obtain or utilize data
collected by DHS,
49. More specifically, the Lawyers’ Committee October 24, 2017 FOIA request to
DHS sought (see Ex. J):
1. All records containing, reflecting, documenting, summarizing, or otherwise relating to communications identified in the Vaughn-type index (Ex. A hereto) entry Nos. 365, 383, 384, 445, 447, 472, 475, 681, 682, 689, 693, 701, 703, 705, 706, 711, 735, 738, 739, 741, 742, 744, and 749.
2. Any other records containing, reflecting, documenting, summarizing, or otherwise relating to communications since January 20, 2017, between any employee of your agency and any of the following individuals:
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 16 of 21
a. Kris Kobach, including but not limited to emails that include the email addresses kkobach@gmail.com and kris@kriskobach.com
b. Connie Lawson, including but not limited to emails that include the email address connie@lawsonandco.com
c. Bill Gardner, including but not limited to emails that include the email address chipkate@aol.com
d. Matthew Dunlap, including but not limited to emails that include the email address mattdunlap47@gmail.com
e. J. Kenneth Blackwell, including but not limited to emails that include the email address kennethblackwell693@gmail.com
f. Hans von Spakovsky, including but not limited to emails that include the email address Hans.VonSpakovsky@heritage.org
g. Christy McCormick, including but not limited to emails that include the email address cacm@aol.com
h. David Dunn, including but not limited to emails that include the email address david@capitolpartnersar.com
i. Mark Rhodes, including but not limited to emails that include the email address mrhodes@woodcountywv.com
j. Alan King, including but not limited to emails that include the email address aking2322@gmail.com
k. J. Christian Adams, including but not limited to emails that include the email address adams@electionlawcenter.com
l. Andrew Kossack m. Mark Paoletta n. Matthew Morgan o. Ronald Williams p. Deniz Baykin q. Any other Commission staff members
3. Any other records of your agency, including but not limited to internal communications, communications with other federal agencies, and communications with third parties, that reference the individuals in Request (2) or the Commission itself by name.
50. The Lawyers’ Committee requested expedited processing pursuant to 5 U.S.C.
§ 552(a)(6)(E) and 6 C.F.R. § 5.5(e)(1)(iv).
51. The Lawyers’ Committee also requested a fee waiver pursuant to 28 U.S.C.
§ 552(a)(4)(A)(iii) and 6 C.F.R. § 5.11(k).
52. DHS acknowledge receipt of the October 24, 2017 request on November 6, 2017,
and assigned it the case reference number 2018-HQFO-00143. In a letter dated that same day,
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 17 of 21
DHS asked the Lawyers’ Committee to provide it with a list of email accounts it wished DHS to
search. Ex. K.
53. The Lawyers’ Committee followed up with DHS via a telephone call on
November 7, 2017. In that call, the Lawyers’ Committee informed DHS that the documents
referenced in the Vaughn-type index were in the possession of the DOJ Civil Division lawyers
defending the PACEI litigation. The Lawyers’ Committee also provided DHS with a description
of the offices and/or personnel whose records should be searched; in particular, the Lawyers’
Committee informed DHS that records responsive to the Lawyers’ Committee FOIA request
were likely located in the DHS’s front office and in the possession of senior DHS political
appointees.
54. Given the subject nature of the communications and the wide publicity the
Commission has garnered, the likely recipients of the requested communications are readily
ascertainable to DHS and would include members of the Secretary’s front office and/or senior
political appointees to DHS, including the following individuals:
• John Barsa, Deputy Assistant Secretary for Office of Partnership and Engagement • Luke Beckman, Deputy White House Liaison • Kevin Carroll, Special Advisor to the Secretary • Tiffany Cissna, White House Liaison • Elaine C. Duke, both in her capacity as Acting Secretary of Homeland Security and as
Deputy Secretary of Homeland Security, • Jon Feere, Senior Advisor to Director of Immigrant and Customs Enforcement • Katherine Gorka, Advisor to Chief of Staff • Eugene Hamilton, former Special Advisor to the DHS Secretary • John F. Kelly, former Secretary • Julie Kirschner, Citizenship and Immigration Services Ombudsman • Kathy Kovarik, Chief, Office of Policy and Strategy, Citizenship and Immigration
Services • Scott Krause, Executive Secretary • Joseph B. Maher, Acting General Counsel • Alan Meltzler, Deputy Chief of Staff • James Nealon, Acting Under Secretary, Office of Strategy, Policy, and Plans
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 18 of 21
• Emily Newman, Deputy Chief of Staff • Kristjen M. Nielsen, both in her capacity as former Secretary Kelly’s Chief of Staff
and in her current capacity as Secretary • James Norton, Deputy Chief of Staff • Cameron Quinn, Director DHS Office of Civil Rights and Civil Liberties • Lora Ries, Chief of Staff, Citizenship and Immigration Services • Dimple Shah, Advisor & Deputy General Counsel • Craig Symons, Advisor to Secretary • Miles Taylor, former Counselor to Acting Secretary • Chad Wolf, Acting Chief of Staff • Frank Wuco, Senior White House Advisor 55. On December 26, 2016, DHS informed the Lawyers’ Committee that DHS was administratively closing the FOIA request because the Lawyers’ Committee purportedly had not provided adequate information to conduct a search. See Ex. L. 56. Pursuant to FOIA, within 20 business days of receipt of the Lawyers’ Committee’s request—that is, December 4, 2017—DHS was required to “determine . . . whether to comply with such request” and to “immediately notify” the Lawyers’ Committee of “such determination and the reasons therefor.” 5 U.S.C. § 552(a)(6)(A)(i). 57. Also pursuant to FOIA, an “agency shall withhold information under this section only if” covered by an express exemption or “disclosure is prohibited by law.” 5 U.S.C. § 552(a)(8)(A). 58. DHS obligations under FOIA are independent of any obligations the Commission has under FACA. FOIA and FACA have different standards for disclosure. Any and all documents in DHS’ possession are subject to FOIA. And to the extent that DHS has internal DHS documents or other materials that are not also in the Committee’s possession, they are not at issue in the PACEI Litigation.
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 19 of 21
59. Notwithstanding its statutory obligations, DHS (i) failed to produce any materials within the statutorily required time frame, and (ii) is improperly withholding information called for by the request.
60. Through DHS’s failure to produce responsive documents within the statutory time limit, the Lawyers’ Committee has exhausted its administrative remedies and seeks immediate judicial review.
61. The Lawyers’ Committee intends to share any documents transmitted via FOIA with the public (subject to any and all appropriate redactions of personal information), and to provide information and analysis about those documents as appropriate.
COUNT I 62. The Lawyers’ Committee re-alleges and incorporates by reference paragraphs 1 through 61 as if fully set forth herein. 63. Defendants are in violation of FOIA by failing to respond to the Lawyers’ Committee’s requests within the statutorily prescribed time limit and by unlawfully withholding records responsive to the Lawyers’ Committee’s request.
PRAYER FOR RELIEF WHEREFORE, the Lawyers’ Committee requests that the Court:
a. Order Defendants, by a date certain, to conduct a search that is reasonably likely to lead to the discovery of any and all records responsive to the Lawyers’ Committee’s request;
b. Order Defendants, by a date certain, to disclose all non-exempt records responsive to the Lawyers’ Committee’s FOIA requests, as well as a Vaughn index of any records or portions of records withheld due to a claim of exemption;
c. Order Defendants to grant the Lawyers’ Committee’s request for a fee waiver;
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 20 of 21 d. Award the Lawyers’ Committee its costs, attorneys’ fees, and other disbursements
for this action; and e. Grant any other relief that this Court deems appropriate.
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Case 1:18-cv-00167 Document 1 Filed 01/26/18 Page 21 of 21

DATED: January 26, 2018
Kristen Clarke (D.C. Bar # 973885) Jon Greenbaum (D.C. Bar # 489887) Ezra D. Rosenberg (D.C. Bar # 360927) Marcia Johnson-Blanco (D.C. Bar # 495211) LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Ave., NW Washington, DC 20005 Telephone: +1 202.662.8600 Facsimile: +1 202.783.0857 erosenberg@lawyerscommittee.org

Respectfully Submitted,
/s/ John A. Freedman John A. Freedman (D.C. Bar No. # 453075) Robert N. Weiner (D.C. Bar # 298133) Eric A. Rubel (D.C. Bar 405421) David J. Weiner (D.C. Bar # 499806) R. Stanton Jones (D.C. Bar # 987088) Daniel F. Jacobson (D.C. Bar # 1016621) ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, DC 20001 Telephone: +1 202.942.5000 Facsimile: +1 202.942.5999 John.Freedman@apks.com
Kathryn W. Hutchinson ARNOLD & PORTER KAYE SCHOLER LLP 44th Floor 777 South Figueroa Street Los Angeles, CA 90017-5844 Telephone: +1 213.243.4000 Facsimile: +1 213.243.4199
Counsel for Plaintiff Lawyers’ Committee for Civil Rights Under Law

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EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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U.S. Department of Justice Office of Information Policy
Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001

Telephone: (202) 514-3642

August 16, 2017

Mr. Ezra Rosenberg Lawyers Committee for Civil Rights Under Law 1401 New York Avenue NW Suite 400 Washington, DC 20005 erosebnerg@lawyerscommittee.org

Re: DOJ-2017-005986 (AG) DOJ-2017-006057 (DAG) VRB:VAV:KJK

Dear Mr. Rosenberg:

This is to acknowledge receipt of your letter dated and received in this Office on August 10, 2017, in which you requested 1) communications with named individuals or email domains concerning state voter rolls; and 2) communications with the Ohio Attorney General’s Office pertaining to Husted v. A. Phillips Randolph Institute. This response is made on behalf of the Offices of the Attorney General and Deputy Attorney General.

You have requested expedited processing of your request pursuant to the Department’s standard involving “[a] matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.” See 28 C.F.R. § 16.5(e)(1)(iv) (2016). Pursuant to Department policy, we directed your request to the Director of Public Affairs, who makes the decision whether to grant or deny expedited processing under this standard. See id. § 16.5(e)(2). Please be advised that as of the date of this letter, a decision on your expedition request is still pending. Once a determination has been made, we will promptly notify you. Nevertheless, please be advised that your request has been assigned to a Government Information Specialist in this Office and a records search has been initiated in the Offices of the Attorney General and Deputy Attorney General.

The records you seek require searches in other Offices, and so your request falls within “unusual circumstances.” See 5 U.S.C. 552 § (a)(6)(B)(i)-(iii). Because of these unusual circumstances, we need to extend the time limit to respond to your request beyond the ten additional days provided by the statute. We have not yet completed a search to determine whether there are records within the scope of your request. The time needed to process your request will necessarily depend on the complexity of our records search and on the volume and complexity of any material located. For your information, this Office assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in about a month, whereas complex requests necessarily take longer. At this time, your request has been assigned to the complex track. In an effort to speed up our records search, you may wish to narrow the scope of your request to limit the number of

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 17 of 90
-2-
potentially responsive records or agree to an alternative time frame for processing, should records be located; or you may wish to await the completion of our records search to discuss either of these options.
We have not yet made a decision on your request for a fee waiver. We will do so after we determine whether fees will be assessed for this request.
If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact the analyst processing this request, Kim Kochurka, by telephone at the above number or you may write to her at the above address. You may also contact our FOIA Public Liaison, Laurie Day, for any further assistance and to discuss any aspect of your request at:
1425 New York Avenue, NW Suite 11050 Telephone: (202) 514-3642 Fax: (202) 514-1009
Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request for expedited processing, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP’s FOIAonline portal at https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically submitted within ninety days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Vanessa R. Brinkmann Senior Counsel

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EXHIBIT E

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EXHIBIT F

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From: "Hermilla, Nelson (CRT)" <Nelson.Hermilla@usdoj.gov> Date: October 20, 2017 at 4:57:18 PM EDT To: Ezra Rosenberg <erosenberg@lawyerscommittee.org> Subject: RE: FOIA Request
Mr. Rosenberg,
This is very helpful.
In a quick review of the documents, this confirms CRT’s preliminary searches.
I appreciate your communicating directly with me on this subject matter.
I may be reached at 202-616-3959 or via email as you have done.
Thank you very much for this list.
Nelson Hermilla
From: Ezra Rosenberg [mailto:erosenberg@lawyerscommittee.org] Sent: Friday, October 20, 2017 4:43 PM To: Hermilla, Nelson (CRT) <Nelson.Hermilla@crt.usdoj.gov> Cc: Kochurka, Kimberley (OIP) <kkochurka@jmd.usdoj.gov> Subject: Re: FOIA Request
My apologies. Here is the attachment. I am sending this from lan iPhone. If you cannot open the document, let me know and I will send you another copy later tonight. Thank you.
From: "Hermilla, Nelson (CRT)" <Nelson.Hermilla@usdoj.gov> Date: October 20, 2017 at 4:14:11 PM EDT To: Ezra Rosenberg <erosenberg@lawyerscommittee.org>, "Kochurka, Kimberley (OIP)" <Kimberley.Kochurka@usdoj.gov> Subject: RE: FOIA Request
Dear Mr. Rosenberg:
Thank you for your email regarding your August 10, 2017 FOIA request.
I apologize for the delay in providing you with the response within the 20 working days the statute allows. The Civil Rights Division is currently processing its response to your request. Please note that the Civil Rights Division FOI/PA Branch is responsible for Civil Rights Division generated documents only. Many of the documents that you are referencing originate with components other than the Civil Rights Division.
Your note below states that you have attached a “Vaughn-type index” created by the Presidential Advisory Commission on Election Integrity and filed in court.

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 23 of 90
A copy of that attachment would be very helpful as this office makes every effort to comply with your FOIA request, however, the attachment did not come through with your email. I will be grateful for any assistance you may provide this office so that we may respond to your request as expeditiously as possible.
Sincerely,
Nelson D. Hermilla, Chief FOI/PA Branch Civil Rights Division United States Department of Justice
From: Ezra Rosenberg [mailto:erosenberg@lawyerscommittee.org] Sent: Friday, October 20, 2017 3:58 PM To: Kochurka, Kimberley (OIP) <kkochurka@jmd.usdoj.gov>; Hermilla, Nelson (CRT) <Nelson.Hermilla@crt.usdoj.gov> Subject: FOIA Request
Dear Ms. Kochurka and Mr. Hermilla:
I am following up on our August 10, 2017 FOIA request 2017--005986 (AG), 2017006057 (DAG), and 2017-006185 (Civil Rights) -- given several recent developments that may help the Department identify relevant materials and expedite processing of our claim.
1. On September 29, 2017, the Presidential Advisory Commission on Election Integrity filed a Vaughn-type index in a federal filing (attached for your reference). That index detailed a number of exchanges between DOJ and Commission members and/or staff, including:
· Entry 541: “Email exchange re: Chicago Board of Election,” (DOJ official to Commissioner McCormick, dated 5/15/17) · Entry 544: “Email exchange discussing voting issue with attachment” (DOJ official to Commissioner McCormick, dated 7/5/17-7/6/17) · Entry 564: “E-mail forwarding link to news article” (DOJ official to Commissioner McCormick, dated 9/15/17) · Entry 565: “Email exchange discussing Chicago voting issue (Third party to DOJ official and Commissioner McCormick, dated 9/6/27, 9/11/17) · Entry 687: “Email about setting up time to speak” (Kossack to DOJ official, dated 6/15/17) · Entry 738: “ Email chain and planner setting a time for call [related to litigation]” (Kossack DHS Official and Staff and DOJ, dated 8/1/17) · Entry 741: “Email chain and planner setting a time for call [related to litigation]” (DHS Official to Kossack, DHS, and DOJ, dated 8/2/17)

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 24 of 90
· Entry 748: “Email re: collecting data from non-state entities (chain)” (Kossack to DOJ, dated 8/22/17)
2. On October 17, 2017, nine members of the Senate Judiciary Committee sent a letter to DOJ requesting that DOJ “immediately produce records of any and all communications between Department of Justice or Civil Rights Division leadership and the White House, the Office of the Vice President, the White House Counsel’s Office, the Commission, or any of the Commission’s members or representatives, regarding the Commission or its work, either before or after its formation. any and all communications with the Commission.” The Senators noted that the “Vaughn index shows the Department has records of these communications in its possession and should be able to produce them to us without further delay.”
3. In Congressional testimony on October 18, ,2017, Attorney General Sessions admitted in response to questioning that DOJ has “been asked for assistance on several issues” by the Commission.
Given these developments, there is clearly a strong public interest in responding to our FOIA request in an expedited manner. Moreover, with respect to the records from the Vaughn index listed above, the DOJ attorneys working on the litigation already have these records in their possession, and therefore there is no need for DOJ to search for them. Those DOJ attorneys are Elizabeth Shapiro, Carol Federighi, Kristina Wolfe, and Joseph Borson, all of whom work in the Civil Division Federal Programs Branch. Mr. Bronson’s direct dial is 202-514-1944 and Ms. Federighi’s is 202-514-1903.
As we have previously indicated, we will accept rolling production of materials responsive to our FOIA request, which should begin with the immediate production of these already identified materials and then proceed expeditiously to other documents.
Please provide us the estimated time under which you will produce the materials identified above, as well as an updated timeframe for your complete response to our request. Thank you. Ezra Rosenberg
Ezra D. Rosenberg Co-Director, Voting Rights Project Lawyers' Committee for Civil Rights Under Law 1401 New York Ave., NW Washington D.C. 20005 erosenberg@lawyerscommittee.org Office: (202) 662-8345 Cell: (609) 216-9683

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EXHIBIT G

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 26 of 90
From: Ezra Rosenberg Sent: Tuesday, October 31, 2017 2:49 PM To: 'Kochurka, Kimberley (OIP)' <Kimberley.Kochurka@usdoj.gov> Subject: RE: Regarding DOJ-2017-005986
Hi, Kim. In light of the information that we provided you several days ago concerning the Vaughn Index, which specifically identified documents that DOJ has reviewed, can you confirm that you are able to speed up the response process, and, if so, when we can expect to start receiving documents on a rolling basis? Thanks. - Ezra
From: Kochurka, Kimberley (OIP) [mailto:Kimberley.Kochurka@usdoj.gov] Sent: Tuesday, October 17, 2017 11:17 AM To: Ezra Rosenberg <erosenberg@lawyerscommittee.org> Subject: Regarding DOJ-2017-005986
Good morning Ezra,
I just had a quick question about your FOIA request, DOJ-2017-005986. For part 1 of your request, communications between DOJ and certain named individuals – can you confirm if the communication pertains just to the case Husted v. Phillip Randolph Institute? Is this acceptable, in order to best facilitate search and review?
Please let me know at your earliest convenience, and thank you for your time.
Kim Kochurka Government Information Specialist Office of Information Policy U.S. Department of Justice Ph: (202) 616-9712 Kimberley.Kochurka@usdoj.gov

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EXHIBIT H

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 28 of 90
From: Kochurka, Kimberley (OIP) [mailto:Kimberley.Kochurka@usdoj.gov] Sent: Wednesday, November 1, 2017 8:33 AM To: Ezra Rosenberg <erosenberg@lawyerscommittee.org> Subject: RE: Regarding DOJ-2017-005986
Good morning Ezra,
I checked into this for you, and regarding these documents – due to the fact that DOJ is decentralized, and each component processes its documents separately, you would need to go directly to the Civil Division. On our end, we’re continuing to process your request on behalf of the Offices of the Attorney General and Deputy Attorney General. Please be advised that your email search is still pending – unfortunately, there is quite a substantial backlog in this area; email searches tend to take 3-4 months or longer. We will respond to you again once our review of any located material is completed and any disclosure determinations are made.
Thank you,
Kim Kochurka Government Information Specialist Office of Information Policy U.S. Department of Justice Ph: (202) 616-9712 Kimberley.Kochurka@usdoj.gov
From: Ezra Rosenberg [mailto:erosenberg@lawyerscommittee.org] Sent: Tuesday, October 31, 2017 2:52 PM To: Kochurka, Kimberley (OIP) <kkochurka@jmd.usdoj.gov> Subject: RE: Regarding DOJ-2017-005986
Hi, Kim. In light of the information that we provided you several days ago concerning the Vaughn Index, which specifically identified documents that DOJ has reviewed, can you confirm that you are able to speed up the response process, and, if so, when we can expect to start receiving documents on a rolling basis? Thanks. - Ezra
From: Kochurka, Kimberley (OIP) [mailto:Kimberley.Kochurka@usdoj.gov] Sent: Tuesday, October 17, 2017 11:17 AM To: Ezra Rosenberg <erosenberg@lawyerscommittee.org> Subject: Regarding DOJ-2017-005986
Good morning Ezra,
I just had a quick question about your FOIA request, DOJ-2017-005986. For part 1 of your request, communications between DOJ and certain named individuals – can you confirm if the communication pertains just to the case Husted v. Phillip Randolph Institute? Is this acceptable, in order to best facilitate search and review?
Please let me know at your earliest convenience, and thank you for your time.

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 29 of 90
Kim Kochurka Government Information Specialist Office of Information Policy U.S. Department of Justice Ph: (202) 616-9712 Kimberley.Kochurka@usdoj.gov

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Exhibit I

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U.S. Department of Justice Office of Information Policy
Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001

Telephone: (202) 514-3642

November 1, 2017

Mr. Ezra Rosenberg

Lawyers Committee for Civil Rights Under Law

1401 New York Avenue NW

Suite 400

Re: DOJ-2017-005986 (AG)

Washington, DC 20005

DOJ-2017-006057 (DAG)

erosebnerg@lawyerscommittee.org

VRB:VAV:KJK

Dear Mr. Rosenberg:

This concerns your request for expedited processing of your Freedom of Information Act (FOIA) request dated and received in this Office on August 10, 2017, in which you requested 1) communications with named individuals or email domains concerning state voter rolls; and 2) communications with the Ohio Attorney General’s Office pertaining to Husted v. A. Phillips Randolph Institute. This response is made on behalf of the Offices of the Attorney General and Deputy Attorney General.

By letter dated August 16, 2017, this Office acknowledged receipt of your request and advised you that your request for expedited processing pursuant to the Department’s standard involving “[a] matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence,” See 28 C.F.R. § 16.5(e)(1)(iv) (2016), was still pending with the Director of Public Affairs for determination. See id. § 16.5(e)(2). Please be advised that the Director has determined that your request for expedited processing should be denied. As previously advised, your request has been assigned to a Government Information Specialist in this Office, and records searches have been initiated in the Offices of the Attorney General and Deputy Attorney General.

If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact the analyst handling your request, Kim Kochurka, by telephone at the above number or you may write to her at the above address. You may contact our FOIA Public Liaison, Douglas Hibbard, for any further assistance and to discuss any aspect of your request at: Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001; telephone at 202-514-3642; or facsimile at 202-514-1009.

Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 32 of 90 -2-
Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request for expedited processing, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP’s FOIAonline portal at https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically submitted within ninety days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Vanessa R. Brinkmann Senior Counsel

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Exhibit J

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October 24, 2017
Sam Kaplan Chief Privacy Officer/Chief FOIA Officer The Privacy Office U.S. Department of Homeland Security 245 Murray Lane SW STOP-0655 Washington, DC 20528-0655
Re: Freedom of Information Act Request
Dear Mr. Kaplan:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., and Department of Homeland Security (DHS) implementing regulations, 6 C.F.R. Part 5, the Lawyers’ Committee for Civil Rights Under Law (the “Lawyers’ Committee”) makes the following request for records.
On May 11, 2017, President Trump established the Presidential Commission on Election Integrity. Exec. Order 13799. Although the Commission was purportedly formed to “study the registration and voting processes used in Federal elections,” id. § 3, the Commission’s activities to date have focused on suppressing voting rights through spurious claims of voter fraud.1 Vice Chair Kris Kobach has publicly referred to the Department of Homeland Security’s “database of all known aliens, green card holders, [and] temporary visa holder[s] in the United States” as potential evidence supporting his allegations of voter fraud.2
The Lawyers’ Committee filed suit against the Commission in July based on the Commission’s failure to comply with the requirements set forth in the Federal Advisory Commission Act (“FACA”), codified at 5 U.S.C. app. II. See Lawyers’ Committee for Civil Rights Under Law v. Presidential Advisory Commission on Election Integrity, et al., No. 1:17-cv-01354-CKK (D.D.C. 2017). The Lawyers’
1 Pam Fessler, Talk of Voter Fraud Dominates First Meeting of Election Integrity Commission, July 19, 2017, http://www.npr.org/2017/07/19/538152713/talk-of-voter-fraud-dominates-firstmeeting-of-election-integrity-commission. 2 Kobach Talks Goals of New Voter Fraud Commission; Commerce Secretary on North Korea Missile Test, China Trade Deal, Transcript, May 14, 2017, http://www.foxnews.com/transcript/2017/05/14/kobach-talks-goals-new-voter-fraud-commissioncommerce-secretary-on-nkorea-missile-test-china-trade-deal.html.
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Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 35 of 90
Committee seeks to enforce the transparency requirements embodied in FACA to ensure that the Commission is not being used improperly to advance private agendas. In the course of this lawsuit, the district court ordered the Commission to provide the Lawyers’ Committee with a Vaughn-type index of all Commission records. See Aug. 30, 2017 Minute Entry; Sept. 27, 2017 Minute Entry. The index, attached as Exhibit A, reveals that there have been substantial discussions between Commission members and/or staff with DHS about potential collaboration between the Commission and DHS. See, e.g., Dkt. 33-3, No. 705 (“Email about potential future coordination/overlap between entities”).
Given the significant public controversy surrounding the Commission, as well as Vice Chair Kobach’s demonstrated interest in examining DHS’s immigration records, there is substantial public interest in work being undertaken at DHS in conjunction with, or in any way related to, the Commission.
Requested Records
The Lawyers’ Committee requests that your agency produce the following within twenty business days:
1. All records containing, reflecting, documenting, summarizing, or otherwise relating to the communications identified in the Vaughn-type index (Ex. A hereto) entry Nos. 365, 383, 384, 445, 447, 472, 475, 681, 682, 689, 693, 701, 703, 705, 706, 711, 735, 738, 739, 741, 742, 744, and 749.
2. Any other records containing, reflecting, documenting, summarizing, or otherwise relating to communications since January 20, 2017, between any employee of your agency and any of the following individuals:
a. Kris Kobach, including but not limited to emails that include the email addresses kkobach@gmail.com and kris@kriskobach.com
b. Connie Lawson, including but not limited to emails that include the email address connie@lawsonandco.com
c. Bill Gardner, including but not limited to emails that include the email address chipkate@aol.com
d. Matthew Dunlap, including but not limited to emails that include the email address mattdunlap47@gmail.com
e. J. Kenneth Blackwell, including but not limited to emails that include the email address kennethblackwell693@gmail.com
f. Hans von Spakovsky, including but not limited to emails that include the email address Hans.VonSpakovsky@heritage.org
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Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 36 of 90
g. Christy McCormick, including but not limited to emails that include the email address cacm@aol.com
h. David Dunn, including but not limited to emails that include the email address david@capitolpartnersar.com
i. Mark Rhodes, including but not limited to emails that include the email address mrhodes@woodcountywv.com
j. Alan King, including but not limited to emails that include the email address aking2322@gmail.com
k. J. Christian Adams, including but not limited to emails that include the email address adams@electionlawcenter.com
l. Andrew Kossack m. Mark Paoletta n. Matthew Morgan o. Ronald Williams p. Deniz Baykin q. Any other Commission staff members
3. Any other records of your agency, including but not limited to internal communications, communications with other federal agencies, and communications with third parties, that reference the individuals in Request (2) or the Commission itself by name.
The Lawyers’ Committee seeks all records meeting the above criteria regardless of the capacity in which the individuals identified above were acting at the time of the communications, and regardless of the email address the individuals were using at the time of any such communications.
Please ensure that your searches covers all career and political staff (including PAS and PA appointees) in the Secretary’s Office, the Deputy Secretary’s Office, the General Counsel’s Office, and the Executive Secretary’s Office.
In addition to the records requested above, the Lawyers’ Committee also requests records describing the processing of this request, including records sufficient to identify search terms used and locations and custodians searched and any tracking sheets used to track the processing of this request. If your agency uses FOIA questionnaires or certifications completed by individual custodians or components to determine whether they possess responsive materials or to describe how they conducted searches, we also request any such records prepared in connection with the processing of this request.
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The Lawyers’ Committee seeks all responsive records regardless of format, medium, or physical characteristics. In conducting your search, please understand the terms “record,” “document,” and “information” in their broadest sense, to include any written, typed, recorded, graphic, printed, or audio material of any kind. We seek records of any kind, including electronic records, audiotapes, videotapes, and photographs, as well as letters, emails, facsimiles, telephone messages, voice mail messages and transcripts, notes, or minutes of any meetings, telephone conversations or discussions. Our request includes any attachments to these records. No category of material should be omitted from search, collection, and production.
Please search all records regarding agency business. You may not exclude searches of files or emails in the personal custody of your officials, such as personal email accounts. Records of official business conducted using unofficial systems or stored outside of official files is subject to the Federal Records Act and FOIA.3 It is not adequate to rely on policies and procedures that require officials to move such information to official systems within a certain period of time; the Lawyers’ Committee has a right to records contained in those files even if material has not yet been moved to official systems or if officials have, through negligence or willfulness, failed to meet their obligations.4
In addition, please note that in conducting a “reasonable search” as required by law, you must employ the most up-to-date technologies and tools available, in addition to searches by individual custodians likely to have responsive information. Recent technology may have rendered your agency’s prior FOIA practices unreasonable. In light of the government-wide requirements to manage information electronically by the end of 2016, it is no longer reasonable to rely exclusively on custodiandriven searches. Furthermore, agencies that have adopted the National Archives and Records Agency (NARA) Capstone program, or similar policies, now maintain emails in a form that is reasonably likely to be more complete than individual custodians’ files. For example, a custodian may have deleted a responsive email
3See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, 827 F.3d 145, 149-50 (D.C. Cir. 2016); cf. Judicial Watch, Inc. v. Kerry, 844 F.3d 952, 955-56 (D.C. Cir. 2016). 4 See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, No. 14-cv-765, slip op. at 8 (D.D.C. Dec. 12, 2016) (“The Government argues that because the agency had a policy requiring [the official] to forward all of his emails from his [personal] account to his business email, the [personal] account only contains duplicate agency records at best. Therefore, the Government claims that any hypothetical deletion of the [personal account] emails would still leave a copy of those records intact in [the official’s] work email. However, policies are rarely followed to perfection by anyone. At this stage of the case, the Court cannot assume that each and every work related email in the [personal] account was duplicated in [the official’s] work email account.” (citations omitted)).
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Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 38 of 90
from his or her email program, but your agency’s archiving tools would capture that email under Capstone. Accordingly, the Lawyers’ Committee insists that your agency use the most up-to-date technologies to search for responsive information and take steps to ensure that the most complete repositories of information are searched. The Lawyers’ Committee is available to work with you to craft appropriate search terms. However, custodian searches are still required; agencies may not have direct access to files stored in .PST files, outside of network drives, in paper format, or in personal email accounts.
Under the FOIA Improvement Act of 2016, agencies must adopt a presumption of disclosure, withholding information “only if . . . disclosure would harm an interest protected by an exemption” or “disclosure is prohibited by law.”5 If it is your position that any portion of the requested records is exempt from disclosure, the Lawyers’ Committee requests that you provide an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.”6 Moreover, the Vaughn index “must describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of disclosing the sought-after information.”7 Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.’”8
In the event some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release.
5 FOIA Improvement Act of 2016 § 2 (Pub. L. No. 114-185). 6 Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). 7 King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis in original). 8 Id. at 224 (citing Mead Data Central, Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977).
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Please institute a preservation hold on information responsive to this request. The Lawyers’ Committee intends to pursue all legal avenues to enforce its right of access under FOIA, including litigation if necessary. Accordingly, your agency is on notice that litigation is reasonably foreseeable.
To ensure that this request is properly construed, that searches are conducted in an adequate but efficient manner, and that extraneous costs are not incurred, the Lawyers’ Committee welcomes an opportunity to discuss its request with you before you undertake your search or incur search or duplication costs. By working together at the outset, the Lawyers’ Committee and your agency can decrease the likelihood of costly and time-consuming litigation in the future. Where possible, please provide responsive material in electronic format by email or in PDF or TIF format on a USB drive. Please send any responsive material being sent by mail to Ezra Rosenberg, Lawyers’ Committee for Civil Rights Under Law, 1401 New York Ave., NW, Washington DC, 20005. If it will accelerate release of responsive records to the Lawyers’ Committee, please also provide responsive material on a rolling basis.
Fee Waiver Request
In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 6 C.F.R. § 5.11(k), the Lawyers’ Committee requests a waiver of fees associated with processing this request for records. The subject of this request concerns the operations of the federal government, and the disclosures will likely contribute to public understanding of those operations in a significant way.9 Moreover, the request is primarily and fundamentally for non-commercial purposes.10
The Lawyers’ Committee requests a waiver of fees because disclosure of the requested information is “in the public interest because it is likely to contribute significantly to public understanding” of the operations or activities of the federal government.11 The disclosure of the information sought under this request will reveal the operations of the federal government, including how public funds are spent and how officials conduct the public’s business, as well currently non-public documents related to coordination between your agency and the Commission. In all events, the disclosure will produce information on matters of intense public interest and importance. The Lawyers’ Committee will disseminate the information to a reasonably broad audience of persons through its social media accounts and its website.
9 6 C.F.R. § 5.11(k)(1)(i). 10 Id. § 5.11(k)(1)(ii). 11 Id. § 5.11(k)(1)(i).
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This request is primarily and fundamentally for non-commercial purposes.12 As a 501(c)(3) nonprofit, the Lawyers’ Committee does not have a commercial purpose and the release of the information requested is not in the Lawyers’ Committee’s financial interest. The Lawyers’ Committee was founded in 1963 and is committed to full and fair enforcement of federal civil rights laws and ensuring equal justice under law for all. The Lawyers’ Committee has been at the forefront of the legal struggle to advance and protect the right to vote, and accordingly it has substantial interest in the work of your agency that could affect the voting rights of Americans.
The Lawyers’ Committee uses the information gathered, and its analysis of it, to educate the public through reports, press releases, or other media. The Lawyers’ Committee also makes materials it gathers available on its public website and promotes their availability on social media platforms, such as Facebook and Twitter. The Lawyers’ Committee has demonstrated its commitment to the public disclosure of documents.
Accordingly, the Lawyers’ Committee qualifies for a fee waiver.
Application for Expedited Processing
Pursuant to 5 U.S.C. § 552(a)(6)(E)(1) and 6 C.F.R. § 5.5(e)(1)(iv), the Lawyers’ Committee requests that your agency expedite the processing of this request.
I certify to be true and correct to the best of my knowledge and belief, that there is widespread and exceptional media interest in, and that there exist possible questions concerning the sharing of sensitive immigration status information by DHS that will affect the voting rights in this nation.13 As discussed above, Vice Chair Kobach has already expressed an interest in unfettered access to immigration records affecting millions of people and their right to vote. Whether the federal government is undertaking efforts that could affect the fundamental right to vote of Americans is a quintessential example of “[a] matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.”14
12 Id. § 5.11(k)(1)(ii). 13 See, e.g., Kobach Talks Goals of New Voter Fraud Commission; Commerce Secretary on North Korea Missile Test, China Trade Deal, Transcript, May 14, 2017, http://www.foxnews.com/transcript/2017/05/14/kobach-talks-goals-new-voter-fraud-commissioncommerce-secretary-on-nkorea-missile-test-china-trade-deal.html. 14 6 C.F.R. § 5.5(e)(1)(iv).
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Accordingly, the Lawyers’ Committee’s request satisfies the criteria for expedition. Conclusion We share a common mission to promote transparency in government. The Lawyers’ Committee looks forward to working with DHS on this request. If you do not understand any part of this request, have any questions, or foresee any problems in fully releasing the requested records, please contact Ezra Rosenberg at erosenberg@lawyerscommittee.org or (202) 662-8345. Also, if the Lawyers’ Committee’s request for a fee waiver is not granted in full, please contact us immediately upon making such a determination. Thank you very much for your assistance.
Sincerely, /s/ Kristen Clarke Kristen Clarke Jon Greenbaum Ezra Rosenberg Marcia Johnson-Blanco Lawyers’ Committee for Civil Rights Under Law
Encl.
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CaCseas1e:117:-1c8v--c0v1-305041-6C7KKDoDcuomcuemnte1n-t133F-3iledFi0le1d/2069/1/289/1P7agPea4g2eo1f 9o0f 43
EXHIBIT 3

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ACRONYMS

Commission Presidential Advisory Commission on Election Integrity or PACEI

DFO

Designated Federal Officer

DHS

Department of Homeland Security

DOD

Department of Defense

DOJ

Department of Justice

DWHIT

Director of White House Information Technology

EEOB

Eisenhower Executive Office Building

EFT

Electronic Funds Transfer

EOP

Executive Office of the President

EPIC

Electronic Privacy Information Center

FACA

Federal Advisory Committee Act

FOIA

Freedom of Information Act

GAI

Government Accountability Institute

GAO

Government Accountability Office

GSA

General Services Administration

IT

Information Technology

MOU

Memorandum of Understanding

NARA

National Archives and Records Administration

NASS

National Association of Secretaries of State

OMB

Office of Management and Budget

OVP

Office of the Vice President

PRA

Presidential Records Act

SAFE

Safe Access File Exchange

SGE

Special Governmental Employee

SoS

Secretary of State

SSA

Social Security Administration

TRO

Temporary Restraining Order

VP

Vice President

Lawyers' CoCmmaCsitteaees1feo:r11C7i:v-1ilcR8vig--ch0tvs1-U30n50de41r-6LCa7wKvK.DProesDcidueonmctiuaelmnAdtev1inso-tr1y3C3oF-m3imleisdsFioi0nle1odn/2E0l6e9c/t1/io28n9In/1tPe7garitgyP,eeat4ag4l.e, No3of. 19o:10f74-c3v-1354 (CKK)

1 Document(s)/Category Description 2
Public Documents Related to the Creation and Organization of the 3 Commission
4 Executive Order No. 13,799, establishing the Commission White House Press Release: President Announces Formation of Bipartisan Presidential Commission on Election Integrity (May 11,
5 2017)
6 Charter: Presidential Advisory Commission on Election Integrity 7 Public Documents Related to June 28 Organizational Call
8 Agenda for June 28, 2017, Organizational Conference Call
9 Email regarding June 28, 2017, initial organizational call

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

The President White House Press Secretary Commission Staff
Commission Staff Kossack

Members of the Public
Members of the Public Commission Members
Commission Members Commission Members

Readout of the Vice President's Call with the Presidential Advisory White House Office of Members of the

10 Commission on Election Integrity

the Vice President Public

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

11-May-17 Yes 11-May-17 Yes 23-Jun-17 Yes For June 28 call Yes For June 28 call No 28-Jun-17 Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

discretionary

release

NA

Yes

NA

11 Public Documents Related to July 19 Meeting 12 PACEI Bylaws (as adopted and as drafted) 13 List of Possible Topics for Commission to Address
14 GSA briefing on FACA and Presidential Records Act

Commission Staff Kobach

Commission Members Commission Members

Commission

GSA

Members

For July 19 meeting Yes
For July 19 meeting Yes
Presentation delivered at an administrative
session held before the July
19 meeting began No

Yes

NA

Yes

NA

discretionary

release

NA

1

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1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

15 GSA briefing on Ethics Training for SGEs Heritage Foundation: Database entitled A sampling of Election
16 Fraud Cases From Across the Country

GSA Shared by von Spakovsky

Commission Members Commission Members

Report: Election Administration and Voting Survey - 2016 17 Comprehensive Report (by U.S. Election Assistance Commission)
Opening Statement of J. Kenneth Blackwell (shared with other 18 members)
19 PowerPoint presentation by Hans von Spakovsky (untitled)

Commission

Shared by McCormack Members

Commission

Blackwell

Members

Commission

von Spakovksy

Members

Yale Law & Policy Review Article: The Other Voting Right: Protecting

Every Citizen's Vote by Safeguarding the Integrity of the Ballot Box,

20 by J. Kenneth Blackwell & Kenneth A. Klukowski

Shared by Blackwell

21 Video of the July 19 PACEI Meeting

Commission Staff

Commission Members Commission Members

Remarks by President Trump and Vice President Pence at the 22 Presidential Advisory Commission on Election Integrity meeting
Remarks by Vice President Pence and Elected Officials at the First Meeting of the Presidential Advisory Commission on Election 23 Integrity
24 July 19, 2017 meeting agenda
25 Revised July 19, 2017 meeting agenda
26 Federal Register Meeting Notice for July 19 meeting 27 Public Documents Related to September 12 Meeting
28 Announcement of September 12 Commission Meeting

White House Press Members of the

Secretary

Public

White House Office of Members of the the Vice President Public
Commission Commission Staff Members
Commission Commission Staff Members
Members of the Commission Staff Public

White House Press Members of the

Secretary

Public

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)? Presentation

Disclosed? Kossack Decl. ¶ 12)

delivered at an

administrative

session held

before the July

19 meeting

discretionary

began No

release

NA

For July 19

meeting Yes

Yes

NA

For July 19 meeting Yes
For July 19 meeting Yes
For July 19 meeting Yes

Yes

NA

Yes

NA

Yes

NA

For July 19 meeting Yes
For July 19 meeting Yes

Yes

NA

Yes

NA

19-Jul-17 Yes

Yes

NA

19-Jul-17 Yes For July 19
meeting Yes For July 19
meeting Yes
5-Jul-17 Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

24-Aug-17 Yes

Yes

NA

2

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1 Document(s)/Category Description 29 Federal Register Meeting Notice for September 12, 2017 meeting 30 Agenda for September 12, 2017 Commission Meeting

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Members of the

Commission Staff Public

Commission

Commission Staff Members

Written statement by Donald Palmer, Panelist at Sept. 12 meeting, 31 entitled "Election Integrity Issues Affecting Public Confidence"
PowerPoint presentation by Andrew E. Smith, Panelist at Sept. 12 32 meeting, entitled "Turnout and Voter Trust"
PowerPoint presentation by John R. Jott, Jr., Panelist at Sept. 12 33 meeting, entitled "A suggestion and some evidence"

Donald Palmer (Panelist) Andrew E. Smith (Panelist) John R. Lott, Jr. (Panelist)

Commission Members Commission Members Commission Members

Updated PowerPoint presentation by John R. Lott, Jr., Panelist at John R. Lott, Jr.

34 Sept. 12 meeting, entitled "A suggestion and some evidence"

(Panelist)

Commission Members

PowerPoint presentation by Ronald L. Rivest, Panelist at September Ronald L. Rivest

35 12 meeting, entitled "Remarks on Election Integrity"

(Panelist)

Report by Government Accountability Institute: "America the

Shared by von

36 Vulnerable: The Problem of Duplicate Voting"

Spakovsky

PowerPoint presentation by Hans von Spakovsky, PACEI

37 Member/Panelist at Sept. 12 meeting (untitled)

von Spakovksy

Commission Members Commission Members Commission Members

PowerPoint presentation by Harri Hursti, Panelist at Sept. 12

Commission

38 meeting, entitled "Threat models and the tools of the industry" Harri Hursti (Panelist) Members

PowerPoint presentation by Ken Block, Panelist at Sept. 12 meeting,

Commission

39 entitled "Data Mining for Potential Voter Fraud"

Ken Block (Panelist) Members

PowerPoint presentation by Kimball Brace, panelist at Sept. 12 40 meeting, entitled "The Election Process From a Data Prospective"
Updated PowerPoint presentation by Kimball Brace, panelist at Sept. 12 meeting, entitled "The Election Process From a Data 41 Prospective"

Kimball Brace (Panelist)
Kimball Brace (Panelist)

Commission Members
Commission Members

Letter from Shawn N. Jasper, Speaker of the New Hampshire House

of Representatives, to New Hampshire Secretary of State and

Commissioner of Department of Public Safety re: efforts to insure Shared by Secretary

42 the accuracy and validity of New Hampshire's voter checklists

Gardner

Commission Members

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

24-Aug-17 Yes For Sept. 12
meeting Yes

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

Yes

NA

For Sept. 12 meeting Yes

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

For Sept. 12 meeting Yes

Yes

NA

For Sept. 12 meeting Yes

Yes

NA

For Sept. 12 meeting Yes

Yes

NA

3

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1 Document(s)/Category Description PowerPoint presentation by William Gardner, Commission
43 Member/Sept. 12 meeting host (untitled)

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Commission

Gardner

Members

PowerPoint presentation by Andrew W. Appel, Panelist at Sept. 12 Andrew W. Appel Commission

44 meeting, entitled "Record and counting votes in a trustworthy way" (panelist)

Members

Press release by N.H. Speaker Jasper re: response to inquiry of NH

Commission

45 Departments of State and Safety

Shared by Gardner Members

Response to N.H. Speaker's request for information by N.H.

Department of State and Department of Safety, re: voter

Commission

46 verification request

Shared by Gardner Members

Written statement by Judge Alan L. King, PACEI Member, entitled

Commission

47 "Statement of Issues/Recommendations"

King

Members

Paper: "Evidence of Voter Fraud and the Impact that Regulations to

Reduce Fraud have on Voter Participation Rates," by John R. Lott, John R. Lott, Jr.

Commission

48 Jr. (2007)

(Panelist)

Members

Report: "Garden State Gotcha" by Public Interest Legal Foundation

Commission

49 (Sept. 2017)

Shared byAdams

Members

Commission

50 Belitto v. Sinipes, 221 F. Supp. 3d 1354 (S.D. Fla. 2016)

Shared by Adams Members

Commission

51 ACLU v. Martinez-Rivera, 166 F. Supp. 3d 779 (S.D. Fla. 2017)

Shared by Adams Members

Voter Integrity Project NC, Inc. v. Wake Cty. Bd. of Elections, No.

Commission

52 5:16-cv-683-BR (E.D.N.C. Feb. 21, 2017)

Shared by Adams Members

Commission

53 Bates in the News: Nov. 11, 2016 - Voter Suppression (by Jay Burns) Shared by Dunlap

Written Statement by Robert D. Popper, Panelist at Sept. 12

Robert D. Popper

Members Commission

54 meeting, entitled "It is Time to Start Enforcing the National Voter (panelist)

Members

Article: "It Appears That Out-of-State Voters Changed The Outcome

of the New Hampshire U.S. Senate Race" (by Kris Kobach, published

Commission

55 on Breitbart)

Kobach

Members

Commission

56 List of panelists and biographies for Sept. 12 Meeting

Commission Staff Members

Report: "Alien Invasion II: The Sequel to the Discovery and Cover-

Up of Non-Citizen Registration and Voting in Virginia" (by Public

Commission

57 Interest Legal Foundation)

Mentioned by Adams Members

Commission

58 Guare v. New Hamshire, No. 2014-5 (N.H. 2015)

Mentioned by Kobach Members

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

For Sept. 12

meeting Yes

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

For Sept. 12 meeting Yes
For Sept. 12 meeting Yes

Yes

NA

Yes

NA

4

9/29/2017

Lawyers' CoCmmaCsitteaees1feo:r11C7i:v-1ilcR8vig--ch0tvs1-U30n50de41r-6LCa7wKvK.DProesDcidueonmctiuaelmnAdtev1inso-tr1y3C3oF-m3imleisdsFioi0nle1odn/2E0l6e9c/t1/io28n9In/1tPe7garitgyP,eeat4ag8l.e, No7of. 19o:10f74-c3v-1354 (CKK)

1 Document(s)/Category Description 59 New Hampshire Voter Registration Form

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Commission

Mentioned by Kobach Members

60 Public Documents Related to Request to States for Data/Views

June 28, 2017, letter from Kobach to states, requesting views,

recommendations, and publically available data (identical copies

61 sent to election officials of the 50 states and District of Columbia) Kobach

Statement from Kobach, Kansas Secretary of State and Vice Chair of

the Presidential Advisory Commission on Election Integrity (related White House Press

62 to data collection)

Secretary

State Election Officials
Members of the Public

July 26, 2017, letter from Kobach to state election officials, renewing June 28 informational request (identical copies sent to 63 election officials of the states and the District of Columbia)
64 Response to Data Request Letter

Kobach Michele Reagan, Arizona Secretary of State

State Election Officials
Kobach

65 Response to Data Request Letter 66 Response to Data Request Letter 67 Response to Data Request Letter 68 Response to Data Request Letter
69 Response to Data Request Letter 70 Response to Data Request Letter 71 Response to Data Request Letter

John Merril, Alabama

Secretary of State Kobach

Jesse White, Illinois

Secretary of State Kobach

Ken Drezner, Florida

Secretary of State Kobach

Paul Zirax, Secretary

of the Oklahoma State

Election Board

Kobach

Kenneth R. Menzel,

General Counsel,

Illinois State Board of

Elections

Kobach

Shantel Krebs, South

Dakota Secretary of

State

Kobach

Frank Jung, General

Counsel, Missouri

Secretary of State Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

For Sept. 12

meeting yes

Yes

NA

28-Jun-17 Yes 5-Jul-17 Yes
26-Jul-17 Yes 3-Jul-17 Yes 5-Jul-17 Yes 5-Jul-17 Yes 6-Jul-17 Yes 6-Jul-17 Yes
7-Jul-17 Yes 10-Jul-17 Yes 10-Jul-17 Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

5

9/29/2017

Lawyers' CoCmmaCsitteaees1feo:r11C7i:v-1ilcR8vig--ch0tvs1-U30n50de41r-6LCa7wKvK.DProesDcidueonmctiuaelmnAdtev1inso-tr1y3C3oF-m3imleisdsFioi0nle1odn/2E0l6e9c/t1/io28n9In/1tPe7garitgyP,eeat4ag9l.e, No8of. 19o:10f74-c3v-1354 (CKK)

1 Document(s)/Category Description 72 Response to Data Request Letter 73 Response to Data Request Letter 74 Response to Data Request Letter 75 Response to Data Request Letter 76 Response to Data Request Letter 77 Response to Data Request Letter 78 Response to Data Request Letter 79 Response to Data Request Letter 80 Response to Data Request Letter 81 Response to Data Request Letter
82 Response to Data Request Letter
83 Response to Data Request Letter 84 Email re: point of contact for secure transfer of voting data

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Mac Warner, West

Virginia Secretary of

State

Kobach

Wayne W. Williams,

Colorado Department

of State

Kobach

Ed Murray, Wyoming

Secretary of State Kobach

Tre Hargett,

Tennessee Secretary

of State

Kobach

Delbert Hosemann,

Mississippi Secretary

of State

Kobach

James C. Condos,

Vermont Secretary of

State

PACEI

John Husted, Ohio Commission

Secretary of State Members

John Husted, Ohio

Secretary of State PACEI

Paul O. Pate, Iowa

Secretary of State Kobach

Scoti T. Nago, Chief

Election Officer,

Hawaii Bryan A. Caskey,

Kobach

Director of Elections,

Kansas Secretary of

State

Williams

John Conklin, Director

of Public Information,

NYS Board of

Elections

Kossack

Brandon Newell,

Office of Secretary of

State, Arkansas

Williams

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

11-Jul-17 Yes

Yes

NA

14-Jul-17 Yes

Yes

NA

14-Jul-17 Yes

Yes

NA

14-Jul-17 Yes

Yes

NA

19-Jul-17 Yes

Yes

NA

19-Jul-17 Yes 24-Jul-17 Yes 24-Jul-17 Yes 26-Jul-17 Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

27-Jul-17 Yes

Yes

NA

27-Jul-17 Yes

Yes

NA

27-Jul-17 Yes 27-Jul-17 Yes

Yes

NA

Yes

NA

6

9/29/2017

Lawyers' CoCmmaCsitteaees1feo:r11C7i:v-1ilcR8vig--ch0tvs1-U30n50de41r-6LCa7wKvK.DProesDcidueonmctiuaelmnAdtev1inso-tr1y3C3oF-m3imleisdsFioi0nle1odn/2E0l6e9c/t1/io28n9In/1tPe7garitgyP,eeat5ag0l.e, No9of. 19o:10f74-c3v-1354 (CKK)

1 Document(s)/Category Description
85 Response to Data Request Letter 86 Response to Data Request Letter
Letter containing instructions to request information from Texas 87 databases
88 Response to Data Request Letter 89 Response to Data Request Letter
90 Response to Data Request Letter 91 Response to Data Request Letter 92 Response to Data Request Letter
93 Response to Data Request Letter 94 Response to Data Request Letter 95 Response to Data Request Letter

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Wayne Thorley,

Nevada Deputy

Secretary of State for

Elections

Williams

Matthew Dunlap,

Maine Secretary of

State

Kobach

Lindsey Aston,

General Counsel,

Texas Secretary of

State

Kobach

Jerold A. Bonnet,

General Counsel,

Office of the Indiana

Secretary of State Kobach

Tom Schedler,

Louisiana Secretary of

State

PACEI

Jade K. Fountain-

Tanigawa, Office of

the County Clerk,

County of Kauai

Kobach

Bryon Mallott, Alaska

Lt. Gov.

Kobach

Steve Simon,

Minnesota Secretary

of State

Kobach

Elaine Manlove,

Delaware State

Election

Commissioner

Kobach

Alvin A. Jaeger, North

Dakota Secretary of

State

PACEI

John A. Gale,

Nebraska Secretary of

State

Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

28-Jul-17 Yes 31-Jul-17 Yes

Yes

NA

Yes

NA

31-Jul-17 Yes

Yes

NA

4-Aug-17 Yes 9-Aug-17 Yes
10-Aug-17 Yes 21-Aug-17 Yes 22-Aug-17 Yes
28-Aug-17 Yes 5-Sep-17 Yes
19-Sep-17 Yes

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

Yes

NA

7

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga1le., No1of0. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
96 Response to Data Request Letter 97 State Data Received -- Listed by State 98 Arkansas 99 North Carolina 100 Florida 101 Ohio 102 Colorado 103 Washington 104 Nevada 105 New York 106 Kansas 107 Oklahoma 108 New Jersey

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kenneth Menzel,

General Counsel,

Illinois State Board of

Elections

Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

19-Sep-17 Yes
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Yes

NA

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

No

Kossack Decl. ¶ 11

8

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga2le., No1of1. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

109 Hawaii (Kaua’i County)

110 Montana

111 Pennsylvania

112 West Virginia

113 Alaska

114 Idaho

115 Oregon

116 Missouri

117 Iowa 118 Other Public Documents
Book: Who's Counting? How Fraudsters and Bureaucrats Put Your 119 Vote at Risk, by June Fund and Hans von Spakovsky
Public Comments received from members of the public to the 120 Commission's email address and posted online

Shared by Hans von Spakovsky Members of the Public

Commission Members Commission Members

Public Comments received from members of the public to the 121 Commission's regulations.gov website and posted online

Members of the Public

Commission Members

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Exempt pursuant to

(b)(6). See 3d

Yes

No

Kossack Decl. ¶ 11

Shared after July 19 meeting Yes 6/29/17 09/12/2017 Yes

Yes

NA

Yes

NA

Accepted through the submission of the Commission's final report Yes

Yes

NA

9

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga3le., No1of2. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

Public comments submitted to Commission, but not posted publicly

because comments are overly profane and/or contain threats, and Members of the

Commission

122 contain nothing by way of substance

Public

Members

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

Since June 2017 No

No

(a)

123 Letter from Sen. Amy Klobuchar, et al. re: Commission activities

The Vice President Members of Congress and Kobach

6/29/2017 Yes

Yes

NA

124 Letter from Sen. Amy Klobuchar, et al. re: Commission activities

The Vice President Members of Congress and Kobach

7/6/2017 Yes

Yes

NA

125 Letter from Sen. Tester and Gov. Bullock re: Commission activities 126 Letter from Rep. Cummings, et al. re: Commission activities

The Vice President Montana officials and Kobach
Commission Members of Congress Members

7/11/2017 Yes 7/18/2017 Yes

Yes

NA

Yes

NA

127 Letter from Rep. Eshoo, et al. re: Commission activities Letter from Sens. Klobuchar and Whitehouse re: Commission
128 activities Statement by Sen. Shaheen re: Sept 12 meeting re: Commission
129 activities Emails Sent by Commission DFO to Commission Membership (To avoid repetitition, these documents are not also listed separately
130 under each Commissioner)
131 Welcome and Initial Organizational Call
132 Email planner holding June 28, 2017 Organizational Call
133 Email sending agenda for June 28, 2017 organizational call Updated email planner sending dial-in information for June 28
134 organizational call Email containing dial-in information related to June 28 call as well as documents related to ethics standards for special government
135 employees Email containing copy of June 28 Kobach letter, to be sent to
136 secretaries of state and chief state election officials

The Vice President

Members of Congress and Kobach

Sens. Klobuchar and Commission

Whitehouse

Members

Commission

Sen. Shaheen

Members

Kossack Kossack Kossack Kossack
Kossack Kossack

Commission Members Commission Members Commission Members Commission Members
Commission Members Commission Members

7/18/2017 Yes 9/12/2017 Yes 9/12/2017 Yes
26-Jun-17 No 27-Jun-17 No 27-Jun-17 No 27-Jun-17 No
27-Jun-17 No 28-Jun-17 No

Yes

NA

Yes

NA

Yes

NA

discretionary

release

N/A

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

10

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga4le., No1of3. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Email forwarding email sent from Commission to States, asking

137 them to hold off sending data pending resolution of EPIC TRO

Kossack

Email regarding financial disclosure, EFT Enrollment form, and

138 travel logistics for July 19 meeting

Kossack

Email regarding booking travel for July 19 meeting and reminder to

139 submit 450 Financial Disclosure form

Kossack

140 Email containing agenda for July 19 meeting

Kossack

Commission Members Commission Members Commission Members Commission Members

Email forwarding email from GSA containing information on how to

141 book travel; cover email reviews meeting location and schedule Kossack

Email containing logistical information for attending July 19 meeting

142 and ethics question related to financial disclosure

Kossack

Email containing draft By-Laws, revised agenda, and reminder

143 about July 19 meeting logistics

Kossack

144 Email containing instructions for travel expense reimbursements Email containing copies of letters received from Colorado and
145 Wyoming secretaries of state

Kossack Kossack

146 Email containing letter from Ohio Secretary of State Email containing copy of July 26 letter from Kobach to states
147 regarding data collection Email containing follow up communication from GSA regarding
148 Hatch Act Email containing litigation holds (and attachments, i.e.,
149 complaints/filings)

Kossack Kossack Kossack Kossack

150 Email containing save-the-date for September 12 meeting

Kossack

Email containing travel and logistical information for September 12

151 meeting

Kossack

Email containing letter from Kobach regarding submission of

meeting materials for September 12 meeting and reminder of

152 litigation hold letter

Kossack

Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members Commission Members
Commission Members

Email promising proposed agenda for September 12 meeting soon 153 and asking members to submit any written materials by Sept. 7 Kossack

Commission Members

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

10-Jul-17 No 11-Jul-17 No 13-Jul-17 No 14-Jul-17 No

No

(b)

No

(b)

No

(b)

No

(b)

14-Jul-17 No 17-Jul-17 No 18-Jul-17 No 20-Jul-17 No 21-Jul-17 No 25-Jul-17 No 26-Jul-17 No 2-Aug-17 No 7-Aug-17 No 18-Aug-17 No 24-Aug-17 No

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

No

(b)

30-Aug-17 No

No

(b)

1-Sep-17 No

No

(b)

11

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga5le., No1of4. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

Email containing reminder of ethics rules that govern teaching,

Commission

154 speaking, and writing

Kossack

Members

Commission

155 Email containing agenda for September 12 meeting

Kossack

Members

Commission

156 Email containing revised agenda for September 12 meeting

Kossack

Members

Commission

157 Email containing materials for September 12 meeting

Kossack

Members

Email stating that materials prepared for September 12 meeting are

Commission

158 posted online

Kossack

Members

Email containing logistical information for September 12 meeting 159 and reminder about FACA open-meeting requirements 160 Materials of Commission Member J. Christian Adams 161 Email forwarding news article
Email forwarding information about potential staff member for 162 Commission 163 Email forwarding news article 164 Email forwarding news article

Kossack
Adams
Adams Adams Adams

Commission Members
OVP Counsel
OVP Counsel OVP Counsel OVP Counsel

165 Email addressing potential research opportunities for Commission Adams

Email addressing election integrity; suggesting potential outreach

166 options

Adams

167 Email about potential participants in Commission

Adams

168 Email forwarding press release Email requesting Adam's preferred title for appointment
169 announcment Email forwarding press release re: Adams' appointment to
170 Commission

Adams Kossack Adams

171 Email forwarding link to television appearance 172 Cover email forwarding material to be used for July 19 meeting

Adams Adams

OVP Counsel
Kossack Kossack, OVP Counsel Kossack, OVP Counsel, von Spakovsky
Adams Kossack, OVP Counsel Kossack, OVP Counsel, von Spakowsky, Blackwell Kossack, OVP Counsel

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

5-Sep-17 No

No

(b)

5-Sep-17 No

No

(b)

6-Sep-17 No

No

(b)

8-Sep-17 No

No

(b)

8-Sep-17 No

No

(b)

11-Sep-17 No
13-May-17 No
18-May-17 No 30-May-17 No 31-May-17 No
5-Jun-17 No
5-Jul-17 No
6-Jul-17 No

No

(b)

No

(h)

No

(g)

No

(h)

No

(h)

No

(f)

No

(f)

No

(g)

6-Jul-17 No 11-Jul-17 No 11-Jul-17 No

No

(h)

No

(c)

No

(h)

17-Jul-17 No 18-Jul-17 No

No

(h)

No

(c)

12

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga6le., No1of5. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 173 Email requesting copy of photograph from July 19 meeting 174 Email chain discussing potential data analysts
175 Email exchange in response to press inquiry about Commission 176 Email asking about September 12 meeting location 177 Email forwarding news article
Email sending copy of materials to be used at September 12 178 presentation
Email forwarding third-party individual's request for press 179 credentials for September 12 meeting

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Adams

OVP Counsel

Adams

Kossack

Kossack, OVP

Counsel, von

Adams

Spakowsky

Adams

Kossack

Adams

Kossack

Kossack, von

Adams

Spakovsky

Adams

Kossack

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

20-Jul-17 No

No

personal

28-Jul-17 No

No

(i)

14-Aug-17 No 18-Aug-17 No 31-Aug-17 No
1-Sep-17 No
1-Sep-17 No

No

(j)

No

(c)

No

(h)

No

(c)

No

(c)

180 Email responding to ethics reminder

Adams

Kossack, OVP Counsel, Williams

5-Sep-17 No

No

(c)

Cover email sending copy of materials to be used at September 12

181 presentation

Adams

182 Email forwarding link to article

Adams

183 Email forwarding link to article

Adams

184 Email sending copy of press release

Adams

Kossack, Kobach, OVP Counsel, Williams Kossack Kossack, OVP Counsel Kossack, OVP Counsel

7-Sep-17 No 7-Sep-17 No
10-Sep-17 No
11-Sep-17 No

No

(c)

No

(h)

No

(h)

No

(h)

185 Email sending link to news article

Adams

Kossack, OVP Counsel, Williams

13-Sep-17 No

No

(h)

186 Email about potential witnesses at a future Commission meeting Adams

Kossack, OVP Counsel, Williams

15-Sep-17 No

No

(f)

187 Email forwarding news article 188 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 189 ethics forms 190 Materials of Commission Member Kenneth Blackwell 191 Email re: scheduling time to speak

Adams OVP Counsel

Kossack, OVP Counsel, Williams
Blackwell

20-Sep-17 No No
No 19-May-17 No

No

(h)

No

(c)

No

(c)

No

(c)

13

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga7le., No1of6. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

192 Email re: appointment documents and background information 193 Email chain sharing multiple news articles

OVP Blackwell

194 Mass email sharing tweets/facebook posts 195 Email sharing link to news article

Blackwell Blackwell

Blackwell OVP counsel, WHO members Mass email, received by Kossack OVP and EOP staff members

19-May-17 No 7/5/2017 -
7/6/2017 No
11-Jul-17 No
14-Jul-17 No

No

(c)

No

(h)

No

(h)

No

(h)

196 Emails sending copy of opening remarks and law review article

Blackwell

Kossack

18-Jul-17 No

No

(c)

197 Email re: Blackwell's media availability 198 Four tweets posted on July 19, 2017

Blackwell Blackwell

EOP staff member Twitter

18-Jul-17 No 19-Jul-17 No

No

(c)

Yes

(h)

199 Email containing photo of commissioners 200 Email re: interview request

Blackwell News Producer

Kossack, Kobach, von Spakovsky, Adams Blackwell

20-Jul-17 No 10-Aug-17 No

No

personal

No

(j)

201 Email re: formation of a new interest group 202 Email re: time to speak 203 Travel authorization documents for September 12 meeting 204 Email chain re: time to speak 205 Handwritten notes from September 12 meeting 206 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 207 ethics forms 208 Materials of Commission Member Matthew Dunlap Request for interview and email exchange with Dunlap staff 209 member regarding logistics
210 Press Release

Blackwell Kossack Travel Agency Kossack Blackwell

Kossack, Kobach, OVP Counsel Blackwell Blackwell Blackwell N/A

Reporter Office of California Secretary of State

Dunlap and staff Members of the Press/Public

14-Aug-17 No 18-Aug-17 No
6-Sep-17 No 7-Sep-17 No 12-Sep-17 No
No
No
11-May-17 No
11-May-17 No

No

(h)

No

(c)

No

(c)

No

(c)

No

(k)

No

(c)

No

(c)

No

(j)

No

(n)

211 Email forwarding public statement of Kentucky Secretary of State NASS staffer

212 Email forwarding press release

Advocacy group

Dunlap and staff Dunlap and staff

11-May-17 No 18-May-17 No

No

(o)

No

(n)

14

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga8le., No1of7. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

Maine Secretary of

State Communications

213 Emails regarding public record requests

Director

Dunlap and staff

Email acknowledging National Association of Secretaries of State

214 (NASS) alert about Commission

Dunlap

NASS staffer

Cover email attaching letter from Kobach to Dunlap in his official

capacity as Secretary of State requesting publicly available voter roll

215 information

Commission Staff Dunlap

216 Email forwarding media request

Maine SoS Staff

Dunlap and staff

217 Email exchange regarding interview request and logistics

Reporter

Dunlap staff

Press Release regarding Commission's Request for publicly available

Members of the

218 voter roll information

Dunlap staff

Press/Public

Maine Deputy

219 E-mail coordinating response to citizen calls about the Commission Secretary of State Dunlap and staff

E-mail from news organization to Dunlap's office requesting

220 comment

Reporter

Dunlap and staff

5/18/17, 5/19/17, 5/22/17 No
22-May-17 No
28-Jun-17 No 28-Jun-17 No 29-Jun-17 No
30-Jun-17 No
30-Jun-17 No
30-Jun-17 No

No

(n)

No

(m), (n)

No

(n)

No

(j)

No

(j)

No

(n)

No

(n)

No

(j)

221 E-mail exchange regarding request for Maine's voter information Reporter

222 Email exchange about June 30 letter

Reporter

Dunlap Dunlap

30-Jun-17 No 6/30/17, 7/6/17 No

No

(n)

No

(j)

Letter from Dunlap in official capacity as Secretary of State to 223 Kobach responding to June 28 letter requesting voter information Dunlap

224 Email regarding data request

Dunlap

Kobach Maine SoS Communications Director

3-Jul-17 No 3-Jul-17 No

No

(n)

No

(n)

Press release regarding Dunlap's response to June 26 letter 225 requesting voter information
Draft letter responding to June 26 letter requesting voter 226 information 227 Email from advocacy group attaching legal memorandum 228 Email from from advocacy group to Dunlap
229 Email with attachment about attempts to influence 2016 election 230 Email exchange forwarding July 6 email from advocacy group 231 Email exchange

Maine Secretary of

State Communications Members of the

Director

Press/Public

Dunlap Advocacy group Advocacy group
Third party Dunlap staff Dunlap

Maine SoS staff Dunlap Dunlap Kobach, Dunlap, Lawson, Gardner Dunlap Reporter

3-Jul-17 No
3-Jul-17 No 7/4/17, 7/6/17 No
5-Jul-17 No
5-Jul-17 No 6-Jul-17 No 6-Jul-17 No

No

(n)

No

(n)

No

(o)

No

(o)

No

(o)

No

(m)

No

(j)

15

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat5ga9le., No1of8. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

232 Email regarding press interest in July 19 meeting

Maine Secretary of

State Communications

Director

Dunlap

13-Jul-17 No

No

(j)

233 Press Release regarding Dunlap's participation in July 19 meeting Email inviting Dunlap to attend July 28 meeting to discuss
234 Commission 235 Email from advocacy group about providing voter information

Maine Secretary of

State Communications Members of the

Director

Press/Public

Advocacy group Advocacy group

Dunlap Dunlap

20-Jul-17 No
25-Jul-17 No 28-Jul-17 No

No

(j)

No

(j)

No

(o)

Letter from Dunlap in official capacity as Secretary of State to 236 Kobach responding to July 26 letter requesting voter information 237 Email requesting information

Dunlap Reporter

Email chain confirming receipt of Dunlap's July 31, 2017 letter to 238 Kobach regarding request for voter information
Email inquiring about status of letter responding to July 26 request 239 for voter information
Email forwarding Kossack's Aug 2 email about the Hatch Act to 240 Commission Members
Email forwarding August 7 email from Kossack to Commission 241 Members regarding Litigation Hold

Dunlap Staff Dunlap Staff Dunlap Dunlap

242 Email chain re: location/date for September 12 meeting

Dunlap

Maine SoS

Communications

243 Email exchange regarding request to attend September 12 meeting Director

244 Email forwarding NASS handout for August 30 call

Dunlap

245 Email forwarding link to news article

Dunlap

Kobach Dunlap staff Williams, Commission Staff and Dunlap
Dunlap
Dunlap staff
Dunlap staff Maine SoS Communications Director
Kossack Kossack Kossack

246 Email exchanges regarding media coordination/inquiries Handwritten notes/logs of constituent phone calls to Dunlap's
247 office

Maine Secretary of

State Communications

Director

Dunlap

Members of the

Public

Dunlap

31-Jul-17 No 1-Aug-17 No
1-Aug-17 No
1-Aug-17 No
2-Aug-17 No
7-Aug-17 No
24-Aug-17 No
8/29/17 8/30/17 No 1-Sep-17 No 7-Sep-17 No
5/11, 12, 15, 16/17; 6/19, 22,
23, 26, 27, 29, 30/17; 7/6/17 No
5/2017 - 8/2017 No

No

(n)

No

(j)

No

(n)

No

(n)

No

(c)

No

(c)

No

(c)

No

(c)

No

(h)

No

(h)

No

(j)

No

(n)

16

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga0le., No1of9. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description Emails, postcards, and letters from constituents, advocacy groups
248 regarding Commission 249 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 250 ethics forms Miscellaneous emails forwarding procedural/logistic emails from 251 Kossack to Maine Secretary of State staff 252 Materials of Commission Member David Dunn 253 Email requesting guidance on responding to press questions 254 Email exchange confirming July 19 meeting 255 Typed Prepared Introductory Remarks for July 19 meeting 256 Email exchange re: update on pending litigation 257 Email exchange re: scheduling September meeting

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Members of the

Public

Dunlap

Dunn Dunn Dunn Dunn Dunn

Kossack Kossack N/A Kossack Kossack

Email exchange re: confirming Dunn's e-mail address; forwarding August 30 e-mail from Kossack to Commission Members re: letter from Vice Chair Kobach regarding submission of meeting materials 258 for the September 12th meeting

Dunn

259 Statement by Senator Jeanne Shaheen 260 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 261 ethics forms 262 Materials of Commission Member William Gardner

Sen. Shaheen

Kossack Commission Members

Document containing various quotes on election administration 263 and turnout from academic articles and newspapers
Email forwarding article about Gardner's participation in 264 Commission 265 Copy of June 28 letter sent to Gardner's SoS account 266 Copy of July 26 letter sent to Gardner's SoS account
Copy of July 10 request to hold off email sent to Gardner's SoS 267 account
Email including names of staff members for attendance at July 268 meeting [and associated email chain] 269 Email re: Gardner's potential press availability

Gardner NH Secretary of State's Office Kobach Kobach
Kossack
Gardner (via staff) OVP Staff member

N/A
Gardner Gardner Gardner
Gardner
Kossack Gardner

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

6/2017 - 9/2017 No No

No

(o)

No

(c)

No
No
5-Jul-17 No 10-Jul-17 No 18-Jul-17 No 23-Jul-17 No 11-Aug-17 No

No

(c)

No

(c)

No

(j)

No

(c)

No

(l)

No

(c), (v)

No

(c)

30-Aug-17 No
12-Sep-17 Yes No
No
27-Jun-16 No
22-May-17 No 28-Jun-17 No 28-Jun-17 No
10-Jul-17 No 7/14/2017, 7/18/2017 No
17-Jul-17 No

No

(c)

Yes

N/A

No

(c)

No

(c)

No

(l)

No

(m)

No

(n)

No

(n)

No

(n)

No

(c)

No

(j)

17

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga1le., No2of0. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
270 Email forwarding July 19 meeting materials 271 Handwritten notes made on July 19 handout 272 Typed draft remarks for July 19 meeting 273 Copy of chart on voting turnout 274 Email attaching filings in court case 275 Email attaching statistics, editorial 276 Email attaching copy of press release 277 News article printed for personal research
Email requesting point of contact for data collection and 278 information on study Gardner mentioned 279 Email attaching news article 280 Email about potential participation in meeting 281 Article printed for personal research 282 News article printed for personal research 283 Article printed for personal research
Email about uploading data; requesting contact information for 284 potential panelists 285 Email attaching: news article, panelist bios 286 Email attaching book excerpt 287 Email re draft release announcing September meeting 288 Email forwarding press release about Sept. 12 meeting

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Gardner Gardner Gardner Gardner Gardner (via staff) Gardner (via staff) Gardner (via staff) Gardner

NH SecState office N/A N/A N/A Kossack Kossack Kossack N/A

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

7/17/2017,

7/18/2017 No

No

(c)

19-Jul-17 No

No

(k)

19-Jul-17 No

No

(l)

19-Jul-17 No

No

(l)

7-Aug-17 No

No

(h)

9-Aug-17 No

No

(h)

10-Aug-17 No

No

(h)

10-Aug-17 No

No

(m)

Williams Gardner (via staff) Potential panelist Gardner Gardner Gardner
Williams Gardner (via staff) Gardner (via staff) Kossack Gardner

Gardner Kossack Gardner N/A N/A N/A NH SecState, Gardner Kossack Kossack Gardner St. Anselm

14-Aug-17 No 14-Aug-17 No 14-Aug-17 No 14-Aug-17 No 14-Aug-17 No 14-Aug-17 No 8/14/2017, 8/17/2017 No 15-Aug-17 No 15-Aug-17 No 17-Aug-17 No 18-Aug-17 No

No

(f), (u)

No

(h)

No

(r)

No

(m)

No

(m)

No

(m)

No

(c)

No

(h)

No

(h)

No

(p)

No

(c)

289 Email forwarding press release about Sept. 12 meeting

Gardner

290 Email about uploading data 291 Email attaching link to news article
Email from Gardner to Kossack (via admin), attaching link to news 292 article
Email re: Contact information for potential September 12 meeting 293 panelists

Williams Gardner (via staff)
Gardner (via staff)
Williams

NH Deputy Secretary of State NH Ssecretary of State's office, Gardner Kossack
Kossack
Gardner

21-Aug-17 No
21-Aug-17 No 21-Aug-17 No 21-Aug-17 No 22-Aug-17 No

No

(c)

No

(n)

No

(h)

No

(h)

No

(c)

294 Email forwarding press release 295 Email chain about press release for September 12 meeting
296 Email from about uploading data

Gardner Kossack
Williams

NH SecState Office Gardner, Kobach NH SecState, Gardner

23-Aug-17 No 24-Aug-17 No
24-Aug-17 No

No

(h)

No

(p)

No

(n)

18

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga2le., No2of1. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
297 Email re invitation to PACEI Sept. 12 meeting
298 Invitations to Congressional delegation Email forwarding email from King stating that he will be unable to
299 attend Sept. 12 meeting Email chain about draft agenda for September 12 meeting (inc.
300 attachment) 301 Email from constituent requesting to attend Sept. 12 meeting 302 Email from constituent about Commission

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Staffer in Schumer

Gardner

office Sens. Haasan,

Shaheen,

Schumer, Reps.

Kuster, Shea-

Gardner

Porter

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

28-Aug-17 No

No

(m)

29-Aug-17 No

No

(m)

Kossack

Gardner

30-Aug-17 No

No

(c)

Kossack Constituent Constituent

Gardner Gardner Gardner

31-Aug-17 No 1-Sep-17 No 1-Sep-17 No

No

(p)

No

(c), (o)

No

(o)

303 Email about public comment at September 12 meeting 304 Email chain about draft agenda for September 12 meeting 305 Email re: agenda for September 12 meeting 306 Email chain re: time to speak

Constituent Kossack Gardner Kossack

Gardner, Williams Gardner Reporter Gardner

2-Sep-17 No 5-Sep-17 No 6-Sep-17 No 6-Sep-17 No

No

(o)

No

(p)

No

(j)

No

(c)

307 Email forwarding ethics reminder 308 Marked up copy of panelist list for Sept. 12 meeting 309 Statement by Sen. Shaheen re: Sept 12 meeting 310 Handwritten notes re: remarks for Sept 12 meeting 311 Statements for Sept 12 meeting 312 Email chain after Sept. 12 meeting 313 Article printed for personal research

Gardner Commission Staff Sen. Shaheen Gardner Gardner Panelist Gardner

NH Deputy Secretary of State Gardner Gardner N/A N/A Gardner N/A

6-Sep-17 No 12-Sep-17 No 12-Sep-17 Yes 12-Sep-17 No 12-Sep-17 No 14-Sep-17 No
undated No

No

(c)

No

(k)

Yes

NA

No

(k)

No

(l)

No

(r)

No

(m)

314 Attendee lists for September 12 meeting (with handwritten notes) Commission Staff

315 NH State FOIA requests

Postcards, letters, and other correspondence from members of the

316 public regarding Commission

317 Miscellaneous mails related to travel booking

Miscellaneous emails related to the submission of financial

disclosure and government ethics forms; copies of government

318 ethics forms

319 Materials of Commission Member Alan King

320 Email chain where King accepts offer to join Commission

King

Gardner Kossack

undated No No No No
No 30-Jun-17 No

No

(k)

No

(n)

No

(o)

No

(c)

No

(c)

No

(c)

19

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga3le., No2of2. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

321 Email forwarding news article

Third party

King

322 Email forwarding news article

Third party

King

Email re: collecting research materials about Commission subject-

King's staff

323 matter

King

member

King's staff

324 Email asking staff member to conduct research

King

member

325 Email exchange about King's schedule

King

Kossack

326 Email forwarding fundraising campaign

Third party

King

327 Email forwarding news article

Third party

King

328 Email exchange about King's role on Commission

Third party

King

Email with third party forwarding news article (and marked-up copy

329 of article)

Third party

King

330 Copy of news article (marked-up copy)

Printed by King

331 Copy of article (marked-up copy)

Printed by King

332 Copy of news article (marked-up copy)

Printed by King

Email exchange about unavailability for September 12 meeting and

333 future availability schedule

King

Kossack

334 Email about participation in Commission

King

Third party

335 Email about Interstate Crosscheck program

Third party

King

336 Copy of news article

Printed by King

337 Email forwarding copy of news article

Third party

King

338 Email forwarding news articles

Third party

King

339 Email re how to respond to press inquiries

King

Kossack

340 Email forwarding news article

Third party

King

341 Email forwarding news stories 342 Email forwarding magazine article 343 Email exchange re: sending materials for litigation index 344 Third party forwarding mass email by advocacy organization
345 Email exchange re: reporter inquiry 346 Email forwarding mass emails 347 Copy of online article about elections 348 Copy of National Confernece of State Legislatures report 349 Miscellaneous mails related to travel booking

Third party Third party Kossack Third party
King Third party Printed by King Printed by King

King King DOJ, King King Reporter (forwarded by personal friend of King) King

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

30-Jun-17 No

No

(o)

30-Jun-17 No

No

(o)

2-Jul-17 No

No

(m)

3-Jul-17 No 20-Jul-17 No 21-Jul-17 No 5-Aug-17 No 5-Aug-17 No

No

(m)

No

(c)

No

(o)

No

(o)

No

(o)

14-Aug-17 No 14-Aug-17 No 14-Aug-17 No 14-Aug-17 No

No

(o)

No

(m)

No

(m)

No

(m)

15-Aug-17 No 25-Aug-17 No
1-Sep-17 No 1-Sep-17 No 5-Sep-17 No 8-Sep-17 No 8-Sep-17 No 12-Sep-17 No 9/12/2017, 9/13/2017 No 13-Sep-17 No 15-Sep-17 No 15-Sep-17 No

No

(c)

No

(o)

No

(o)

No

(m)

No

(o)

No

(o)

No

(c)

No

(o)

No

(o)

No

(o)

No

(v)

No

(o)

17-Sep-17 No 17-Sep-17 No
No No No

No

(j)

No

(o)

No

(m)

No

(m)

No

(c)

20

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga4le., No2of3. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government
350 ethics forms 351 Materials of Commission Vice Chair Kris Kobach 352 Email forwarding news article on launch of Commission 353 Email forwarding copy of Executive Order 354 Email forwarding research on voter fraud
355 Email chain re: press interviews 356 Email forwarding article that had been forwarded by Adams
357 Email exchange re: potential Commission member
358 Email exchange re: time to talk 359 Email forwarding email exchange with reporter
360 Email chain about introductory phone call
Email from about potential Commission member (and chain 361 discussing that member and other potential individuals) 362 Email re potential commission members 363 Email forwarding link to news article
364 Emails about potential candidates for Commission
365 Email about setting up call with DHS Email re potential commission members (with biographical
366 attachments)
Email chain regarding letters to state officials re data collection 367 (present and future) [including draft letter attachments] 368 Email chain re: reporter inquiry on Commission 369 Email re: potential Commission Member

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

OVP Counsel OVP Counsel Third party Kobach OVP Counsel
von Spakovsky OVP Counsel von Spakovsky
Kossack
OVP Counsel Kossack Adams Kobach Kossack Kossack
Kossack Reporter Kossack

No

Kobach Kobach Kobach OVP Counsel, OVP staff Kobach Kobach, Adams, OVP Counsel, OVP staff
Kobach Kobach

5/11/2017 No 5/11/2017 No 12-May-17 No
12-May-17 No 13-May-17 No
15-May-17 No 5/15/2017, 5/16/2017 No 16-May-17 No

Kobach, von Spakovsky, Adams, OVP Counsel, OVP staff Kossack, Adams, von Spakovksy, and Kossack Kobach Kobach

13-Jun-17 No
6/14/2017, 6/15/2017 No 16-Jun-17 No 16-Jun-17 No

Kossack DHS official (Kobach copied)

6/17/17, 6/19/17 No 6/19/2017 6/20/2017 No

Kobach
Kobach, von Spakovsky, Adams, OVP staff Kobach Kobach

20-Jun-17 No 6/21/2017, 6/22/2017, 6/23/2017, 6/27/2017 No
21-Jun-17 No 22-Jun-17 No

No

(c)

No

(f)

No

(f)

No

(m)

No

(j)

No

(h)

No

(g)

No

(c)

No

(j)

No

(c)

No

(g)

No

(g)

No

(h)

No

(g)

No

(q)

No

(g)

No

(p)

No

(j)

No

(g)

21

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga5le., No2of4. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 370 Email re: mechanics of state data collection 371 Email re: potential Commission member 372 Press inquiry
373 Email exchange re: information requests 374 Email re: potential Commission Member
375 Email re: news article; study author Email chain re: draft agenda for June 28 organizational call (with
376 attachment) 377 Email re: talking points for June 28 organizational call
Email chain requesting finalization of letters to public officials re: 378 voter collection
379 Email chain re: potential members of the Commission 380 Email chain re: content of public official letters 381 Email re: phone number
Email chain re: updated letter to state election officials (including 382 attachments)

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kossack

Kobach

Kossack

Kobach

OVP Press Secretary Kobach

Kobach, von

Spakovsky,

Adams, OVP

Kossack

Counsel

Kossack

Kobach

Kossack, OVP

Kobach

Counsel

Kossack Kossack

Kobach Kobach

Kossack
Adams Kossack Kossack

Kobach Kobach, von Spakovsky, OVP Counsel Kobach Kobach

Kossack

Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

23-Jun-17 No

No

(c)

26-Jun-17 No

No

(g)

26-Jun-17 No

No

(j)

26-Jun-17 No 26-Jun-17 No
27-Jun-17 No
27-Jun-17 No 27-Jun-17 No
27-Jun-17 No
28-Jun-17 No 28-Jun-17 No 28-Jun-17 No
28-Jun-17 No

No

(c)

No

(g)

No

(f)

No

(p)

No

(l)

No

(p)

No

(g)

No

(p)

No

(c)

No

(p)

383 Email chain about potential partnership opportunities with DHS
384 Follow-up email with DHS official Email chain forwarding examples of letters requesting voter
385 information 386 Email asking for call
387 Email forwarding WH press release
388 Email re: potential Commission staff
389 Email re: potential Commission staff
390 Email re: potential witness for future committee meeting

Kossack Kossack Kossack OVP Counsel OVP Counsel Kobach Kobach Kobach

Kobach, OVP Staff DHS official (Kobach copied) Kobach, OVP Counsel Kobach Kobach, von Spakovsky Kossack, OVP Counsel Kossack, OVP Counsel Kossack, OVP Counsel

28-Jun-17 No 28-Jun-17 No 28-Jun-17 No 28-Jun-17 No 29-Jun-17 No 29-Jun-17 No 29-Jun-17 No 29-Jun-17 No

No

(f)

No

(q)

No

(p)

No

(c)

No

(c)

No

(i)

No

(i)

No

(f)

22

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga6le., No2of5. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

Kossack, OVP

391 Email re: discussing public responses to information requests

Kobach

Counsel

Email chain about draft statement from Kobach re: appointment of

Kossack, OVP

392 von Spakovsky

Kobach

Counsel

Kossack, OVP

393 Email re: potential witness at future Commission meeting

Kobach

Counsel

Kossack, OVP

394 Email re: news article about and responses to June 28 letter

Kobach

Counsel

White House Press

395 Email forwarding WH press release

Office

Kobach

396 Email attaching talking points to print (one attachment) 397 Email chain forwarding Pew Study on Voter Registration

Kobach Kobach

Kobach OVP Counsel, Kossack

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

29-Jun-17 No

No

(i)

29-Jun-17 No

No

(c)

29-Jun-17 No

No

(f)

29-Jun-17 No

No

(h)

29-Jun-17 No 30-Jun-17 No

No

(c)

No

(l)

30-Jun-17 No

No

(h)

398 Email about von Spakovsky press availability Email chain re: discussing potential responses to questions raised
399 by June 28 letter

OVP Counsel Kossack

400 Email chain discussing press interview 401 Email re: talking points for media interviews
Email forwarding Letter to Vice President from Members of 402 Congress

Kobach OVP Staff
OVP Counsel

403 Email re: media interviews

Kobach

404 Email forwarding Tweet 405 Email forwarding talking points to print (two attachments)

OVP Staff Kobach

Kossack, Kobach, OVP Press Kobach, OVP Counsel Kossack, OVP Counsel Kobach
Kobach OVP Counsel, OVP staff Kobach (copying OVP Counsel) Kobach

30-Jun-17 No
30-Jun-17 No
30-Jun-17 No 30-Jun-17 No
30-Jun-17 No
30-Jun-17 No
30-Jun-17 No 30-Jun-17 No

No

(j)

No

(j)

No

(j)

No

(c)

No

(c)

No

(j)

No

(c)

No

(c)

406 Email forwarding link to news article 407 Email asking for call 408 Email forwarding Luis Borunda's resignation email 409 Email fowarding tweet
Email chain re: article written by Kobach (incl. draft of article); 410 follow-up email

Kobach OVP Counsel OVP Counsel OVP Counsel
Kobach

Kossack, OVP Counsel, Commission staff Kobach Kobach Kobach OVP Counsel, Kossack

30-Jun-17 No 1-Jul-17 No 3-Jul-17 No 3-Jul-17 No
7/3/2017, 7/4/2017 No

No

(h)

No

(c)

No

(c)

No

(c)

No

(j)

23

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga7le., No2of6. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
Email chain sharing link to newspaper article discusssing data 411 collection 412 Email regarding logistics for a call
413 Email chain re: discussing follow-up letter to information requests
414 Email chain re: responding to press inquiry 415 Email requesting confirmation of access to email
416 Email re: draft media statement 417 Email confirming wifi/email access
418 Email exchange re: information about data availability

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kossack, OVP

Counsel, OVP

Kobach

Press

OVP Counsel

Kobach

OVP Counsel,

Kobach

Kossack

Kossack, OVP

Counsel, OVP

Kobach

Press

OVP Counsel

Kobach

Kobach (copying

OVP Staff

OVP Counsel)

OVP

Kobach

Kobach, Kossack,

von Spakovsky

Adams

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

4-Jul-17 No 4-Jul-17 No
5-Jul-17 No

No

(j)

No

(c)

No

(p)

5-Jul-17 No 5-Jul-17 No
5-Jul-17 No 5-Jul-17 No
6-Jul-17 No

No

(j)

No

(c)

No

(j)

No

(c)

No

(f)

419 Email forwarding draft data collection follow-up letter for review OVP Counsel

420 Email forwarding draft follow up letter with comments

OVP Counsel

Kobach Kobach

6-Jul-17 No 6-Jul-17 No

No

(p)

No

(p)

421 Email about the availability of data from a third party 422 Email re: follow-up letter to states (plus attachment) 423 Email chain re: follow-up letter to states

von Spakovsky

Kossack (copying Kobach)

Kossack, OVP counsel Kobach

Kossack, OVP

Kobach

Counsel

6-Jul-17 No 7/6/2017, 7/7/2017 No
7-Jul-17 No

No

(f)

No

(p)

No

(p)

424 Email exchange with person who offered to assist the Commission Email chain re: draft statements regarding potential outcome of
425 July 7 court hearing
426 Email re: how to reach Kobach via telephone 427 Email re: availability for call 428 Email re: draft agenda for July 19 meeting 429 Email re: litigation summary

Member of the Public Kobach

Kobach (copying

OVP Counsel

OVP staff)

OVP Counsel, OVP

Kobach

staff

OVP Counsel

Kobach

Kossack

Kobach

Kossack

Kobach

7-Jul-17 No
7-Jul-17 No
7-Jul-17 No 9-Jul-17 No 11-Jul-17 No 11-Jul-17 No

No

(w)

No

(j)

No

(c)

No

(c)

No

(p)

No

(v)

430 Email forwarding information about Colorado's Motor Voter law 431 Email forwarding blank EFT form 432 Email re: edits to draft PACEI by-laws

Third party Kossack Kobach

Kobach Kobach Kossack

12-Jul-17 No 13-Jul-17 No 17-Jul-17 No

No

(m)

No

(c)

No

(p)

24

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga8le., No2of7. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

433 Email chain re: draft by-laws (including attachments) Email re: draft of possible topics for Commission to address (plus
434 attachment)

Kossack Kossack

435 Email chain re: draft article written by Kobach

Kobach

436 Email forwarding link to news article

Reporter

437 Email chain re: current status of state responses to data request Kobach

438 Email re: update on number of states providing data

Kobach

Kobach
Kobach OVP Counsel, OVP Press Kobach, von Spakovsky Kossack, OVP Counsel, OVP Press Kossack, OVP Counsel, OVP Comms

439 Email chain re: Kobach opening statement for July 2017 meeting Email re: Letter drafted by members of PA House of
440 Representatives White House Press Release of Remarks by President and Vice
441 President at July 19 meeting 442 Email commenting on media interview
Email exchange about request for voter information and letter 443 member sent to Governor regarding request 444 Email inquiring if Kobach is available for a possible call

Kobach

OVP staff

OVP Counsel,

Kobach

Press, Kossack

White House Press

Office

Kobach

OVP Counsel

Kobach

Member,

Pennsylvania House of

Representatives

Kobach

Kossack

Kobach

445 Email chain re: availability for call with DHS

Kossack

446 Email chain about press statement

OVP Counsel

Email re: draft follow up letter to states re: data collection (with

447 attachment)

Kossack

Email re: updated draft follow up letter to states re: data collection

448 (with attachment)

Kossack

Kobach Kobach, Kossack
Kobach
Kobach

449 Email exchange with reporter Email re: communication with Plaintiff's counsel in PACEI-related
450 litigation Email re: updated follow-up letter to states re: data collection and
451 litigation update

Reporter Kobach Kossack

Kobach Kossack Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

7/17/2017 -

7/18/2017 No

No

(p)

18-Jul-17 No

No

(p)

18-Jul-17 No

No

(j)

18-Jul-17 No

No

(j)

18-Jul-17 No
7/18/17 7/19/17 No
7/18/17 7/19/17 No
19-Jul-17 No
19-Jul-17 No 19-Jul-17 No

No

(f)

No

(c)

No

(l)

No

(o)

No

(c)

No

(c)

19-Jul-17 No 20-Jul-17 No 7/20/2017 7/24/2017 No 24-Jul-17 No
24-Jul-17 No
24-Jul-17 No 7/24/17 -
7/25/17 No
25-Jul-17 No
25-Jul-17 No

No

(w)

No

(c)

No

(q)

No

(j)

No

(p)

No

(p)

No

(j)

No

(v)

No

(p)

25

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat6ga9le., No2of8. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

Email chain regarding July 26th data collection follow-up letter (and

452 draft attachments)

Kossack

453 Email re: contact information

Kossack

Kobach, OVP Counsel, OVP staff Kobach

26-Jul-17 No 26-Jul-17 No

No

(p)

No

(c)

454 Email requesting telephone number for a scheduled telephone call Email from Kobach's Secretary of State account to Kobach sending
455 back attached letter from Kobach to states Email chain re: September meeting date/location and Kansas
456 matching program 457 Email re: photographs from July 19 meeting 458 Email forwarding July 26, 2017, letter
Email chain re: possible themes/topics for future meetings (and 459 attachment) 460 Email forwarding article 461 Email re: speaker request for Kobach

Kossack
Kobach
Kobach Kossack Kossack
Kossack von Spakovsky Kossack

462 Email re: letter from Dunlap about data collection 463 Email re: press article on litigation 464 Email re: data collection process 465 Email re: plan for September meeting (and attachment)

Kossack Kossack Kobach Kossack

Kobach
Kossack
Kossack Kobach Kobach
Kobach Kobach Kobach
Kobach Kobach OVP Staff Kobach

26-Jul-17 No
27-Jul-17 No
27-Jul-17 No 27-Jul-17 No 27-Jul-17 No 7/27/2017 7/28/2017 No 28-Jul-17 No 1-Aug-17 No
1-Aug-17 Yes 1-Aug-17 No 2-Aug-17 No 3-Aug-17 No

No

(c)

No

(n)

No

(f)

No

personal

No

(c)

No

(p)

No

(h)

No

(j)

N/A (posted as

Maine's response

Yes

letter, see above)

No

(h)

No

(f)

No

(f)

466 Email about time to speak Email re: plan for September meeting (plus attachments related to
467 potential speakers) 468 Email regarding availability for a telephone call 469 Email re: draft announcement of September meeting

OVP Counsel
Kossack OVP Counsel Kossack

Kobach, Williams
Kobach Kobach Kobach

14-Aug-17 No
15-Aug-17 No 16-Aug-17 No 17-Aug-17 No

No

(c)

No

(f)

No

(c)

No

(p)

470 Email chain re: getting additional staff support for Commission 471 Email chain re: getting additional staff support for Commission 472 Email chain re: phone call with Kobach, OVP, and DHS staff 473 Email chain re: data collection sources

Kobach Kobach Kossack Kobach

OVP staff OVP Counsel, Kossack OVP/DHS staff and Kobach Kossack, OVP and EOP staff

20-Aug-17 No 22-Aug-17 No 22-Aug-17 No 22-Aug-17 No

No

(i)

No

(i)

No

(q)

No

(i)

474 Email re: press release about September meeting announcement Kossack

Kobach & Gardner

24-Aug-17 No

No

(p)

26

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga0le., No2of9. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 475 Email re: phone number for DHS call

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kossack

Kobach

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

24-Aug-17 No

No

(q)

Email chain forwarding a press release announcing Secretary of 476 State Gardner will host September 12 meeting 477 Email forwarding draft letter re: meeting material deadline
Emails re: draft letter instructing Commissioners about meeting 478 materials (and drafts) 479 Email forwarding draft statement for review 480 Email re: draft statement
Email from OVP counsel forwarding proposed press statement re: 481 August 30, 2017, Court order 482 Email exchange regarding news article

Kossack Kossack
Kossack Kossack OVP Counsel
OVP Counsel Third party

Kobach, OVP Counsel, Commission staff Kobach
Kobach Kobach Kobach
Kobach Kobach

24-Aug-17 No 29-Aug-17 No 8/29/2017 8/30/2017 No 30-Aug-17 No 30-Aug-17 No
30-Aug-17 No 30-Aug-17 No

No

(c)

No

(p)

No

(p)

No

(p)

No

(p)

No

(j)

No

(m)

483 Email re: draft agenda for September meeting (and attachment)
484 Email chain re NH voting study 485 Email re: media availability

Kossack
Kossack Kobach

Kobach
Kobach OVP staff

31-Aug-17 No 9/6/2017 -
9/7/2016 No 7-Sep-17 No

No

(p)

No

(f)

No

(j)

486 Email attaching materials for the September 12 meeting

Adams

Email forwarding August 16, 2017 letter from N.H. Speaker of the

House to Secretary Gardner, and Secretary Gardner's September 6,

487 2017, response

Kossack

488 Email forwarding news article

OVP Counsel

489 Email forwarding 2016 NH election results

OVP Counsel

490 Email forwarding article

Kossack

491 Email re: press (and associated call scheduling emails)

Kossack

492 Email chain re: scheduling a telephone call

Kossack

493 Email chain re: response to media inquiry

OVP Staff

Kobach, Kossack, Commission Staff, OVP Counsel
Kobach, OVP Counsel Kobach Kobach, copying Kossack Kobach (copying OVP Counsel)
Kobach Kobach, copying OVP Counsel Kobach; Kobach staff

7-Sep-17 No
7-Sep-17 No 7-Sep-17 No
7-Sep-17 No
7-Sep-17 No 9/7/2017 -
9/8/2017 No
8-Sep-17 No 9/10/17 -
9/11/17 No

No

(r)

No

(c)

No

(c)

No

(c)

No

(c)

No

(j)

No

(c)

No

(j)

27

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga1le., No3of0. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description Email forwarding summary of presentations and member
494 submissions for September 12 meeting
495 Email forwarding link to news article

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kobach (copying

Kossack

OVP Counsel)

Kobach, von

Spakovsky,

Reporter

Adams,

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

11-Sep-17 No

No

(c)

14-Sep-17 No

No

(j)

Email forwarding information about alleged voter fraud in New 496 Hampshire
497 Email chain re: media inquiry 498 Media inquiry

Kobach, Blackwell,

Adams, von

Member of the Public Spakovsky

Kobach, OVP

Reporter

Counsel

Reporter

Kobach

14-Sep-17 No 9/14/17 -
9/15/17 No 15-Sep-17 No

No

(m)

No

(j)

No

(j)

499 Press inquiry 500 Press inquiry
501 Email re: press inquiry [and chain] 502 Media inquiry

Reporter Reporter
Kobach Reporter

Kobach, forwarded to OVP Kobach Kossack, OVP Counsel Kobach

15-Sep-17 No 15-Sep-17 No
18-Sep-17 No 18-Sep-17 No

No

(j)

No

(j)

No

(j)

No

(j)

503 Email re: submission of litigation document collection material

Kossack

Litigation-related material based on Kobach's status as a defendant;

covered by attorney work product doctrine and/or attorney-client

504 privilege

505 Miscellaneous emails related to travel booking

Miscellaneous emails related to the submission of financial

disclosure and government ethics forms; copies of government

506 ethics forms

507 Handwritten notes made for or at Commission meetings

508 Text messages re: administrative topics like scheduling

509 Materials of Commission Member Connie Lawson

510 Letter making public records request

Advocacy group

511 Letter acknowledging state records request

Indiana SoS

512 Letter acknowledging records request

Indiana SoS

513 June 28 Kobach letter, sent to Lawson in capacity as SoS

Kobach

Email to Senate intelligence committee following June 21, 2017

514 testimony before Senate Intelligence Committee

Deputy Indiana SoS

Kobach
Indiana SoS Advocacy group Advocacy group Lawson Kossack

21-Sep-17 No
No No
No No No
18-May-17 No 19-May-17 No 22-May-17 No 28-Jun-17 No
29-Jun-17 No

No

(c)

No

(e), (v)

No

(c)

No

(c)

No

(k)

No

(c)

No

(n)

No

(n)

No

(n)

No

(n)

No

(n)

28

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga2le., No3of1. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
515 Legal memorandum re: propriety of data collection letter
516 Copy of letter from advocacy group to OMB Copy of Kossack July 10 email requesting states hold off from
517 sending data pending resolution of EPIC TRO

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Sent to Lawson by

Advocacy group

email

Sent to Lawson by

Advocacy group

email

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

4-Jul-17 No

No

(m)

5-Jul-17 No

No

(m)

Kossack

Lawson (as SoS)

10-Jul-17 No

No

(n)

518 Opening statement by Lawson for July 19 meeting (marked up) 519 Email correspondence re: responding to reporter question 520 Email correspondence about Hatch Act

Lawson Indiana SoS Indiana SoS

N/A Kossack Lawson

19-Jul-17 No 2-Aug-17 No 3-Aug-17 No

No

(l)

No

(j)

No

(m)

521 Letter responding to June 28 Kobach letter (narrative responses) Letter responding to June 28 Kobach letter (request for data,
522 including IEC-3 form for requesting information)

Lawson Indiana SoS GC

Kobach Kobach

4-Aug-17 No 4-Aug-17 No

No

(n)

No

(n)

523 Email acknowledging public records request and sharing responses Indiana SoS

524 Lawson statement to Interim Committee on Elections 525 Letter making public records request 526 Email acknowledging public records request 527 Email acknowledging public records request
Public comments received through Indiana SoS website re: 528 Commission 529 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 530 ethics forms 531 Materials of Former Commission Member Luis Borunda
532 Follow-up emails re: appointment
533 Email re: time to speak Email with background information about role of Secreatary of
534 state in elections 535 Resignation email 536 Email re: setting up time to talk after resignation 537 Emails with personnel forms

Lawson Advocacy group Indiana SoS Indiana SoS Members of the Public
Borunda
OVP Counsel
Borunda Borunda OVP Counsel Borunda

Reporter Indiana Interim Committee on Elections Indiana SoS constituent Advocacy group
Lawson
OVP Staff
Borunda
OVP Counsel OVP Counsel Borunda OVP Staff

23-Aug-17 No
30-Aug-17 No 6-Sep-17 No 7-Sep-17 No 7-Sep-17 No
6/28/17 - late July 2017 No No
No
5/30/2017; 6/12/2017 No 6/12/2017; 6/19/2017 No
26-Jun-17 No 3-Jul-17 No 3-Jul-17 No Misc No

No

(n)

No

(n)

No

(n)

No

(n)

No

(n)

No

(o)

No

(c)

No

(c)

No

(c)

No

(c)

No

(h)

No

(c)

No

(c)

No

(c)

29

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga3le., No3of2. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 538 Materials of Commission Member Christy McCormick
Email forwarding White House Press Release Announcing 539 Commission 540 Email forwarding talking points 541 Email exchange re: Chicago Board of Election
Email providing name and contact information for possible 542 Commission staff
Email exchange discussing potential sources of information and 543 topics the Commission should consider studying 544 Email exchange discussing voting issue with attachment

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

OVP Counsel McCormick DOJ official
McCormick
McCormick DOJ official

McCormick unknown McCormick
OVP Counsel
Kossack McCormick

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

11-May-17 No 11-May-17 No 15-May-17 No
23-Jun-17 No
26-Jun-17 No 7/5/17 - 7/6/17 No

No

(c)

No

(j)

No

(m)

No

(i)

No

(f)

No

(m)

NASS Resolution Reaffirming Commitment to Strengthening 545 Elections 546 Email forwarding link to news article 547 handwritten notes taken on July 19 meeting handout
Handwritten notes prepared for introductory remarks at July 19 548 meeting
549 Email exchange about media appearance

National Association

of Secretaries of State NASS Members

McCormick

Kossack

McCormick

McCormick

McCormick Blackwell

McCormick McCormick and producer

10-Jul-17 No 13-Jul-17 No 19-Jul-17 No
19-Jul-17 No 7/20/17 -
7/21/17 No

No

(m)

No

(h)

No

(k)

No

(l)

No

(j)

550 Email exchange discussing possible staff support for Commission 551 Email attaching resolutions from NASS meeting
Email requesting Commission's general email address and 552 discussing invitation to speak at a meeting.

McCormick McCormick
McCormick

553 Email suggesting locations for future Commission meetings. Email forwarding names of a potential staff person for the
554 Commission 555 Letter to Kobach from potential staff person 556 Email attaching resume, letter, and sample analysis 557 Sample analysis 558 Potential staff resume 559 Email attaching resume, letter, and sample analysis 560 Email exchange regarding availability for call/meeting 561 Email requesting call
Email forwarding potential staff person's resume, letter, and 562 sample analysis 563 Prepared Remarks to Election Center discussing Commission

McCormick
McCormick Potential staff Potential staff Potential staff Potential staff Potential staff Potential staff McCormick
McCormick McCormick

Kossack Kossack
Kossack Kossack and OVP Counsel
Kossack Kobach McCormick McCormick McCormick McCormick McCormick Kobach
Kobach Election Center

21-Jul-17 No 24-Jul-17 No
26-Jul-17 No
26-Jul-17 No
30-Jul-17 No 15-Aug-17 No 15-Aug-17 No 15-Aug-17 No 15-Aug-17 No 16-Aug-17 No 16-Aug-17 No 18-Aug-17 No
19-Aug-17 No 21-Aug-17 No

No

(i)

No

(h)

No

(c)

No

(c)

No

(i)

No

(w)

No

(w)

No

(w)

No

(w)

No

(w)

No

(w)

No

(c)

No

(i)

No

(j)

30

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga4le., No3of3. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 564 E-mail forwarding link to news article
565 Email exchange discussing Chicago voting issue

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

DOJ official

McCormick

McCormick, DOJ

Third party

official

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

5-Sep-17 No

No

(m)

9/6/27, 9/11/17 No

No

(m)

566 Email exchange regarding certificate left at September 12 meeting McCormick

567 Handwritten notes taken at September 12 meeting

McCormick

568 Email exchange discussing completion of records search

Kossack

NASS Resolution Calling for Federal Agency Assistance in Maintaining Accurate and Comprehensive State Voter Registration 569 Lists Correspondence sent to McCormick at EAC from members of the 570 public

NASS Members of the Public

Kossack

12-Sep-17 No

McCormick

12-Sep-17 No

9/19/17 -

McCormick

9/20/17 No

Adopted Summer

2012;

Secretaries of

Reauthorized

State; McCormick Summer 2017 No

McCormick

5/2017 - 9/2017 No

No

personal

No

(k)

No

(c)

No

(m)

No

(n)

571 Handwritten notes on Election Administration & Voting Survey 572 Prepared Remarks discussing Commission
573 Mail from Various Senders 574 Miscellaneous emails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 575 ethics forms 576 Materials of Commission Member Hons von Spakovsky 577 Email re: introductory call

McCormick McCormick Members of the Public
von Spakovsky

McCormick unknown McCormick
Kossack

undated No unknown No various dates No
No
No 13-Jun-17 No

No

(m)

No

(j)

No

(o)

No

(c)

No

(c)

No

(c)

578 Email chain about potential Commission members 579 Email exchange re: scheduling a meeting
Email forwarding link to best practices booklet on accurate voter 580 roles

von Spakovsky Kossack
von Spakovsky

Kobach, von Spakovsky, Adams, OVP Counsel, Kossack von Spakovsky

6/14/17 6/15/17; 6/28/17 No
28-Jun-17 No

Kossack

29-Jun-17 No

No

(g)

No

(c)

No

(h)

581 Email forwarding link to 2005 GAO report on voter registration lists von Spakovsky

582 Email forwarding news article

von Spakovsky

583 Email exchange re: press availability

von Spakovsky

Kossack Kossack Kossach

29-Jun-17 No 29-Jun-17 No 6/30/17, 7/6/17 No

No

(h)

No

(h)

No

(j)

31

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga5le., No3of4. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

Email exchange discussing media interviews and forwarding June 28

584 letter to the Iowa Secretary of State

von Spakovsky

Kossack

585 Email containing statutory citations

von Spakovsky

Kossack

Email forwarding email from third party offering to work with the

586 Commission

von Spakovsky

Kossack

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

30-Jun-17 No 30-Jun-17 No

No

(j)

No

(h)

5-Jul-17 No

No

(i)

587 Email forwarding link to article and discussing upcoming interview von Spakovsky

Kossack, Adams

6-Jul-17 No

No

(j)

588 Email exchange regarding call received about data availability

von Spakovsky

Kossack, Kobach

6-Jul-17 No

No

(i)

589 Email forwarding July 8, 2017 email about data availability 590 Email exchange regarding von Spakovsky interview
Email exchange confirming von Spakovsky's title and discussing 591 recent interviews
Email exchange regarding request for guests to attend July 19 592 meeting

von Spakovsky von Spakovsky
Kossack
von Spakovsky

Commission Staff Kossack
von Spakovsky
Kossack

10-Jul-17 No 10-Jul-17 No
11-Jul-17 No
17-Jul-17 No

No

(i)

No

(j)

No

(c)

No

(c)

593 Typed remarks with handwritten notations for July 19 meeting 594 Email re update on von Spakovsky interview

von Spakovsky von Spakovsky

von Spakovsky Kossack

19-Jul-17 No 23-Jul-17 No

No

(l)

No

(j)

595 Email forwarding link to von Spakovsky interview

von Spakovsky

Email exchange regarding von Spakovsky's recommendation of an

596 expert

von Spakovsky

Commission Staff Kossack

25-Jul-17 No 28-Jul-17 No

No

(h)

No

(i)

597 Email forwarding op-ed
598 Email forwarding media inquiry 599 Email exchange regarding scheduling call 600 Email forwarding link to news article

von Spakovsky
OVP Counsel Commission Staff von Spakovsky

Commission Staff von Spakovsky, Adams, Kossack von Spakovsky Kossack

3-Aug-17 No
14-Aug-17 No 21-Aug-17 No 27-Aug-17 No

No

(h)

No

(j)

No

(c)

No

(h)

601 Email exchange about forwarding the materials for Sept. 12, 2017 Cover email attaching power point presentation for Sept. 12
602 meeting Email exchange regarding request for guests to attend September
603 12 meeting

Kossack von Spakovsky von Spakovsky

604 Correspondence from members of the public

Members of the Public

von Spakovsky

8-Sep-17 No

Commission Staff

8-Sep-17 No

Kossack von Spakovsky

11-Sep-17 No various dates between 7/2017 -
9/2017 No

No

(r)

No

(r)

No

(c)

No

(o)

32

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga6le., No3of5. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 605 Miscellaneous mails related to travel booking
Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government 606 ethics forms 607 Materials of Commission Member Mark Rhodes 608 Email follow-up from news reporter 609 Email request for interview by reporter

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Reporter Reporter

Rhodes Rhodes

610 Email from WV SoS Office about appointment to PACEI (and drafts) WV SoS

Rhodes

611 Email request for interview

Reporter

Rhodes

612 Email chain re request for interview

Producer

Rhodes

Lists of cancelled Wood County voters and related emails discussing

data (in response to public records request about List Maintenance

613 policies)

Third-party requestor Rhodes

614 Email request for interview

Reporter

Rhodes

615 Email request for interview

Producer

Rhodes

616 Email request for interview (and chain)

Producer

Rhodes

617 Email request for interview

Reporter

Rhodes

618 Email request for interview

Reporter

Rhodes

Email from NASS to members; forwarded on to Rhodes, including

619 election-related news and disclosures (and attachments)

WV Secretary of State Rhodes

WV Secretary of State

620 Email forwarding editorial

employee

Rhodes

Email request for meeting with advocacy organization (and follow-

621 up)

Advocacy organization Rhodes

622 Email correspondence about voting machines

Third party

Rhodes

623 Email request for interview

Reporter

Rhodes

624 Email request for interview

Reporter

Rhodes

Email chain responding to State FOIA request for documents (and

625 copy of redacted documents)

Rhodes

reporter

626 Email request for interview

Reporter

Rhodes

Email sharing link to Sept. 12 meeting and an attached request from

627 DOJ re document collection

Kossack

Rhodes

Members of the

628 Materials from members of the public

public

Rhodes

629 Miscellaneous emails related to travel booking

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

No

No

(c)

No
22-Jun-17 No 22-Jun-17 No
22-Jun-17 No 2-Jul-17 No 3-Jul-17 No
7/11/17 7/28/17 No 17-Jul-17 No 19-Jul-17 No 19-Jul-17 No 19-Jul-17 No 19-Jul-17 No

No

(c)

No

(j)

No

(j)

No

(n)

No

(j)

No

(j)

No

(n)

No

(j)

No

(j)

No

(j)

No

(j)

No

(j)

22-Jul-17 No
22-Jul-17 No
26-Jul-17 No 10-Aug-17 No 23-Aug-17 No 25-Aug-17 No
28-Aug-17 No 13-Sep-17 No
13-Sep-17 No
various dates No No

No

(n)

No

(n)

No

(j)

No

(m)

No

(j)

No

(j)

No

(n)

No

(j)

No

(c)

No

(o)

No

(c)

33

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga7le., No3of6. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description Miscellaneous emails related to the submission of financial disclosure and government ethics forms; copies of government
630 ethics forms 631 Materials sent to or from September 12 meeting panelists 632 Email about scheduling time to speak

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kossack

Palmer

633 Email about logistics for visit to EEOB

Kossack

Palmer

634 Email re: GAI report and request to set up time for discussion

OVP Counsel

Email re: recommendations for topics to present during September

635 12 meeting

Williams

Email about unpublished study (study was not shared with

636 Commission)

Williams

637 Email sharing contact information of a data analysis expert

Palmer

Block
Popper
Popper Kossack

Emails re: coordinating publication of Popper's participation in 638 panel 639 Email with contact information 640 Email about meeting participation 641 Email re: potential participation in meeting
Introductory email chain seeking to discuss participation in 642 Commission meeting; referral from Secretary Gardner 643 Email about timing for panel

Judicial Watch Public Affairs Kossack Kossack Kossack

Williams, OVP Staff Lott, Kossack Lott Rivest

Kossack Lott

Appel Kossack

644 Email about reimbursement form 645 Email re: time to speak about September 12 meeting 646 Email re: contact information

Kossack Kossack Kossack

Palmer Rivest Smith

647 Email about potential meeting participation and time for discussion Kossack

Email sharing copy of public testimony (for release); requesting

648 additional information on agenda

Appel

649 Email re: reimbursements

Kossack

650 Email re: meeting travel bookings

Kossack

Email re: meeting agenda and time to submit presentation

651 materials

Kossack

652 Email re: panel name and participants

Kossack

Hursti
Kossack Hursti Lott
Rivest Hursti

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

No
3-Aug-17 No 8/7/2017 8/8/2017; 8/10/2017 No
8/11/17 8/13/17; 8/15/17 No
16-Aug-17 No 8/16/17 -
8/17/17 No 17-Aug-17 No 8/17/17 8/18/17; 9/5/17 -
9/8/17 No 22-Aug-17 No 22-Aug-17 No 23-Aug-17 No
23-Aug-17 No 30-Aug-17 No 8/30/2017 8/31/2017 No
1-Sep-17 No 1-Sep-17 No 9/1/2017; 9/5/2017 No 9/4/2017, 9/6/2017 No 5-Sep-17 No 5-Sep-17 No
5-Sep-17 No 6-Sep-17 No

No

(c)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(i)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

34

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga8le., No3of7. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 653 Email about preferred presenter title 654 Email with contact information 655 Email with presentation and question re: logistics 656 Email re: posting report to webpage
Cover email sending rough draft of presentation (final version is posted) and copy of research paper to be discussed at meeting 657 (paper is posted) Email re: draft meeting presentation, including link to newspaper 658 article
659 Email re: physical format of panel & presentation materials Email sharing presenter materials for Sept. 12 meeting (and follow-
660 up with link to public website posting) Email with Popper's attached written statement (plus additional
661 draft with non-text changes)
662 Emails re: event timing 663 Email re: draft slides 664 Email re: providing copy of slides (and follow-up email) 665 Email about logistics for September 12 meeting 666 Email about meeting logistics 667 Email with changes to presentation 668 Email re: fixing typo in presentation

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Palmer

Kossack

Kossack

Block

Block

Kossack

Kossack

Block

Lott

Kossack

Lott

Kossack

Rivest

Kossack

Kossack

Panelists

Popper Judicial Watch Public Affairs Hursti assistant Smith Kossack Hursti Block Lott

Williams, Kossack
Lotter, Kossack Kossack Kossack Panelists Kossack Kossack Kossack

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

6-Sep-17 No

No

(r)

7-Sep-17 No

No

(r)

7-Sep-17 No

No

(r)

7-Sep-17 No

No

(r)

7-Sep-17 No
9/7/2017, 9/8/17 No 9/7/2017, 9/9/2017 No
8-Sep-17 No
8-Sep-17 No
8-Sep-17 No 8-Sep-17 No 8-Sep-17 No 11-Sep-17 No 11-Sep-17 No 11-Sep-17 No 11-Sep-17 No

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

669 Email re: presentation time 670 Email re: bringing copy of presentation

Rivest Smith

Williams/Kossack Kossack

11-Sep-17 No 11-Sep-17 No

No

(r)

No

(r)

671 Press release about Popper participation in PACEI
672 Emails re: meeting logistics 673 Email re: link to September 12 video 674 Email re: fixing a typo in slides 675 Email re: reimbursement 676 Email re: lunch plans and reimbursements
677 Email re: reimbursement

Forwarded to

Judicial Watch Public Kossack, VP Press,

Affairs

VP Counsel

Kossack Lott Rivest Appel Kossack
Lott

Lott, Kossack Kossack Kossack Kossack Lott GSA (copying Kossack)

11-Sep-17 No 9/11/2017; 9/12/2017 No 12-Sep-17 No 12-Sep-17 No 17-Sep-17 No 19-Sep-17 No
20-Sep-17 No

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

No

(r)

35

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat7ga9le., No3of8. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 678 Email including article about Lott 679 Email re: posting of Sept. 12 video
Communications between Commission/OVP Staff and Other 680 Government Entities
Email chain from DHS requesting information about the scope of 681 the Commission's work

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Lott

Kossack

Rivest

Kossack

DHS

OVP Counsel

682 Email chain re: scheduling a telephone call Email chain with GSA about initial steps required to establish a
683 commission 684 Email chain about Commission by-laws 685 Email chain about IT issues 686 Email exchange with GSA about personnel paperwork 687 Email about setting up time to speak

DHS
GSA staff Kossack Kossack Kossack Kossack

OVP Counsel
OVP Counsel GSA staff GSA staff GSA staff DOJ official

688 Email chain about Charter review

Kossack

GSA staff

689 Email about setting up time to talk about Commission 690 Email about websites that can accept public comments

Counsel to OVP Kossack

DHS, Kossack GSA staff

691 Email about Kossack's appointment as Designated Federal Officer GSA staff

692 Email about role of Designated Federal Officer

GSA staff

Kossack Kossack

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

22-Sep-17 No

No

(r)

23-Sep-17 No

No

(r)

12-May-17 No 05/15/2017, 05/16/2017 No
30-May-17 No 6-Jun-17 No
6/7/17, 6/8/17 No 13-Jun-17 No 15-Jun-17 No
6/15/2017, 6/19/17 No
6/19/2017, 6/20/2017 No 20-Jun-17 No 6/20/2017, 6/26/2017 No 21-Jun-17 No

No

(x)

No

(q)

No

(s)

No

(s)

No

(s)

No

(s)

No

(q)

No

(s)

No

(q)

No

(s)

No

(s)

No

(s)

693 Planner for a call with DHS personnel

Kossack

694 Email chain re: Budget Email chain about 15-day publication requirement and ethics and
695 FACA training

GSA staff, OMB GSA staff

DHS personnel, OVP staff, Kobach
OVP, Kossack
Kossack

21-Jun-17 No 6/22/2017; 6/23/2017 No
26-Jun-17 No

No

(q)

No

(s)

No

(s)

696 Email re: member names and logistics (i.e., swearing in) [and chain] Kossack

697 Email chain about draft SGE appointment letters 698 Email chain about FACA and ethics briefing 699 Email chain re: room reservation 700 Email re: meeting notices and SF 50 forms 701 Follow up scheduling email with DHS personnel

Kossack GSA staff Kossack Kossack Kossack

GSA staff
GSA staff Kossack GSA staff GSA staff DHS staff

6/26/17 - 7/7/17 No 6/26/2017, 6/27/2017 No 27-Jun-17 No 27-Jun-17 No 28-Jun-17 No 28-Jun-17 No

No

(s)

No

(s)

No

(s)

No

(s)

No

(s)

No

(q)

36

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat8ga0le., No3of9. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

702 Email re: publication of meeting notice 703 Follow-up email re: getting response

Kossack DHS Official

704 Email re: meeting publication notices

GSA

705 Email about potential future coordination/overlap between entities DHS

706 Email re: setting up time to talk

DHS Official

GSA staff Kossack Kossack, OVP staff, OVP counsel, EOP OVP staff, OVP counsel, Kossack OVP Counsel, Kossack

707 Email discussion re: FACA briefing 708 Email re: travel 709 Email discussion re: travel requests

GSA Kossack GSA

Kossack GSA Staff Kossack

710 Email discussion re: interagency agreement (mainly for travel) 711 Email discussion about time for meeting
712 Email discussion about data submission
713 Communication about data request
714 Email chain re: press guidance 715 Email re swearing in 716 Email re: Electronic Funds Transfer (ETF) form 717 Email re: EFT form for members
Email chain starting with talking points relating to SAFE site and 718 litigation

GSA

OA

OVP Counsel

DHS Official

Arkansas SoS

Kossack

Office

Kossack,

PA House State

forwarded from

Government Staffer Kobach

Chief of Public Affairs,

U.S. Army Cyber

Command

OVP, DWHIT, DOD

Kossack

GSA staff

Kossack

GSA staff

GSA

Kossack

DOD

EOP Staff

719 Email re: draft FACA presentation and plan for July 19 meeting 720 Email re: travel 721 Email re: transcriptionist 722 Email chain regarding: EFT forms

GSA Kossack Kossack Kossack

Kossack GSA staff GSA staff GSA staff

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

6/30/2017,

7/3/2017 No

No

(s)

1-Jul-17 No

No

(q)

6-Jul-17 No
6-Jul-17 No
6-Jul-17 No 7/6/2017, 7/7/2017 No
7-Jul-17 No 7-Jul-17 No 7/7/2017, 7/10/2017, 7/12/2017, 7/13/2017 No 8-Jul-17 No
10-Jul-17 No

No

(s)

No

(x)

No

(q)

No

(s)

No

(s)

No

(s)

No

(s)

No

(q)

No

(u)

10-Jul-17 No
7/10/17 7/11/17 No 11-Jul-17 No 11-Jul-17 No 11-Jul-17 No
11-Jul-17 No 7/11/2017, 7/16/2017, 7/17/2017 No
12-Jul-17 No 12-Jul-17 No 12-Jul-17 No

No

(u)

No

(t)

No

(s)

No

(s)

No

(s)

No

(t)

No

(s)

No

(s)

No

(s)

No

(s)

37

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat8ga1le., No4of0. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description
723 Email re: collection of Arkansas data in SAFE site Email about an MOU among states participating in voter
724 registration data comparison program 725 Email re: swearing in 726 Email chain regarding: member preauthorization for travel 727 Email about new FACA contact 728 Email re: membership list

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

Kossack, OVP

DOD & IT

counsel

Indiana state official Kossack Kossack GSA Staff Kossack

Kossack GSA staff GSA staff Kossack GSA staff

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

12-Jul-17 No

No

(t)

12-Jul-17 No 13-Jul-17 No 13-Jul-17 No 13-Jul-17 No 17-Jul-17 No

No

(u)

No

(s)

No

(s)

No

(s)

No

(s)

729 Communication about employees attending July 19 FACA training GSA staff

Kossack

17-Jul-17 No

No

(s)

730 Communication about slide deck for July 19 FACA presentation 731 Email re: presentation on FACA operations 732 Follow-up regarding FACA next steps 733 Email discussion re: posting/making documents available

GSA staff GSA staff GSA Staff Kossack

Kossack Kossack, EOP Kossack GSA staff

18-Jul-17 No 18-Jul-17 No 19-Jul-17 No 20-Jul-17 No

No

(s)

No

(s)

No

(s)

No

(s)

734 Communication about uploading comments to regulations.gov

GSA staff

Kossack

25-Jul-17 No

No

(s)

735 Scheduling call 736 Communication about Hatch Act 737 Communication about panelist reimbursement

Kossack GSA Kossack

738 Email chain and planner setting a time for call [related to litigation] Kossack

739 Call about litigation

Kossack

Communication about updating FACA database

740 (https://www.facadatabase.gov/)

GSA staff

DHS Official OVP staff, OVP counsel Kossack GSA staff DHS Official and Staff, DOJ DHS
Kossack

25-Jul-17 No 27-Jul-17 No 1-Aug-17 No
1-Aug-17 No 1-Aug-17 No
2-Aug-17 No

No

(q)

No

(s)

No

(s)

No

(q)

No

(q)

No

(s)

741 Email chain and planner setting a time for call [related to litigation] DHS Official

Kossack, DHS, DOJ

2-Aug-17 No

No

(q)

742 Email chain and planner setting a time for call [related to litigation] Kossack

DHS Official

AZ Secretary of State's

743 Email chain re: disclosability of state-provided data

Office

Kossack

744 Email chain and planner setting a time for call

Kossack

DHS Official, OVP

3-Aug-17 No
9-Aug-17 No 8/15/17 -
8/16/17 No

No

(q)

No

(x)

No

(q)

745 Communication about Federal Register notice for Sept. 12 meeting GSA

Kossack

17-Aug-17 No

No

(s)

38

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat8ga2le., No4of1. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description Communication regarding process for procurement of third-party
746 vendors 747 Email contact with SSA re: SSA data 748 Email re: collecting data from non-state entities (chain)
749 Email chain and planner about setting up a time to speak 750 Email about setting-up meeting
Email re: presentations for 9/12 meeting and member updates in 751 FACA database (https://www.facadatabase.gov/)
752 Email from NARA about PRA Staff discussions with individual states about the mechanics of
753 transferring data Categories of Materials ("internal" refers to communications
754 among Commisison staff, OVP staff, and/or EOP staff): 755 Internal discussions about media requests & media strategy 756 Internal communications re: data collection process 757 Internal emails re: potential staff support person
Internal discussions and documents re: potential Commission 758 members 759 Internal discussion and documents re: potential panelists
Internal research on critical infrastructure designation for election 760 systems 761 Internal briefing memos about Commission activities 762 Internal discussions about meeting logistics 763 Internal discussions about letterhead design 764 Internal discussions about June 28 call
Internal discussion about OVP meetings with third-parties about 765 Commission asssitance
Internal discussions about disclosure forms and Hatch Act 766 requirements

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

GSA SSA Official Kossack
Kossack DHS

Kossack Kossack DOJ DHS Official, Kobach, OVP Kobach

GSA NARA Commission Staff

Kossack OVP Counsel, NARA staff State Election Officials

Email discussions with or about DFO on President's Commission on 767 Drug Addiction and Opioid Crisis about managing a committee
Internal discussions re: response to June 28 letter and Borunda 768 resignation
Internal discussions about responding to inquiries from public 769 officials

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

17-Aug-17 No 17-Aug-17 No 22-Aug-17 No 8/22/2017, 8/24/2017 No 24-Aug-17 No

No

(s)

No

(x)

No

(v)

No

(q)

No

(q)

5-Sep-17 No

No

(s)

18-Sep-17 No 7/26/2017 - date
of log No

No

(s)

No

(u)

No

No

(e)

No

No

(t)

No

No

(e)

No

No

(e)

No

No

(e), (r)

No

No

(e)

No

No

(e)

No

No

(d)

No

No

(d)

No

No

(e)

No

No

(e)

No

No

(d)

No

No

(q)

No

No

(e)

No

No

(d)

39

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat8ga3le., No4of2. 19:o107f -4cv3-1354 (CKK)

1 Document(s)/Category Description 770 Internal discussions of July 19 meeting (agenda, remarks)

Document

Document Originator Recipient(s) (if

(if applicable)

applicable)

771 Internal discussions re vendors/consultants (emails, documents) 772 Internal discussions about posting public comments

773 Internal discussions about website and email technical issues Commission staff research or suggesting ideas relating to substance
774 of Commission's work Commission staff discussion about potential topics for Commission
775 review

776 Internal discussions over press releases after litigation events 777 Internal emails re: records management
Litigation documents and emails (e.g., service copies, final versions, drafts, comments on drafts, discussion of legal strategy, updates, 778 etc.) (internal and with DOJ) 779 Internal discussions about budget and finance issues

780 Internal discussions about subjects for potential Commission report 781 Internal emails re: discussing next steps for Commission
Internal discussion about responding to records requests (FACA, 782 FOIA)

783 Email discussion re: interagency agreement between OVP and GSA OVP

Internal emails discussing draft DOD talking points re: SAFE site and

784 suggesting changes

EOP staff

Legal research conducted by staff/internal legal consultation

785 (documents and emails)

Copies of June 28 letter; list of state election officials; list of

786 research from states

787 Internal discussions about draft Commission documents

Commission member appointment documents (e.g., physical

788 commission)

789 Copies of bylaws and Roberts Rules of Order

790 Hardcopies of GSA ethics rules and materials.

791 Miscellaneous communications with third parties

OA EOP Staff

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

No

No

(e)

No

No

(e)

No

No

(d)

No

No

(t)

No

No

(e)

No

No

(e)

No

No

(e)

No

No

(e)

No No
No No
No 7/7/2017, 7/10/2017, 7/12/2017 No
11-Jul-17 No
No
No No
No No No

No

(v)

No

(e)

No

(e)

No

(e)

No

(e)

No

(s)

No

(e)

No

(e)

No

(e)

No

(e)

No

(d)

No

(d)

No

(d)

40

9/29/2017

Lawyers' CComamsCitetaee1sf:eo1r71Ci-:vc1ilvR8i-g-0cht1vs3-U0n50d4e1-rC6La7Kw Kv.DProeDscidouecnmtuiaeml nAedtvn1isto-r13y3Co-Fm3imleisFdsiiol0ne1odn/20El6e9c/t12io89n /In1tP7egaritgyP,eeat8ga4le., No4of3. 19:o107f -4cv3-1354 (CKK)

Document

Document Originator Recipient(s) (if

1 Document(s)/Category Description

(if applicable)

applicable)

Email to States requesting they hold off on submitting data pending

State Election

792 resolution of EPIC TRO

Kossack

Officials

Unsolicited requests from third-parties to Commission staff to join

793 the Commission

794 Emails and proposals with/from third-party data analysis entities Emails from third parties to Commission staff about potential
795 collaboration 796 Third party provided list of suggested witnesses 797 FOIA/FACA request for documents

798 Emails with potential panelist about participation (and declines) 799 Emails from third parties about data sources 800 Materials forwarded to Commission staff by NASS 801 Constituent letters to Vice President or Commission members
GSA/OVP Reimbursement Funding documents regarding PACEI operations (Form FMS-7600A, Department of Treasury Financial 802 Management Service) 803 Unsolicited emails by individuals alleging voter fraud Discussions with third party vendor about procuring and operating 804 livestream of Sept. 12 meeting Emails between Commission staff and states about mechanics of 805 data sources 806 Press inquiries to Commission staff Discussions with staff at September 12 meeting event site about 807 logistics (i.e., including individuals on wait lists)

Date Document

Created and/or Commission Has Document Rational for non-

Shared (if Views as Subject Been Currently disclosure (see 3d

applicable) to 10(b)?

Disclosed? Kossack Decl. ¶ 12)

10-Jul-17 No

No

(u)

No

No

(w)

No

No

(w)

No

No

(w)

No

No

(w)

No

No

(j)

No

No

(r)

No

No

(i)

No

No

(j)

No

No

(o)

No

No

(d)

No

No

(w)

No

No

(y)

No

No

(u)

No

No

(j)

No

No

(y)

41

9/29/2017

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 85 of 90
Exhibit K

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 86 of 90
U.S. Department of Homeland Security Washington, DC 20528
Homeland Security

November 6, 2017

Privacy Office, Mail Stop 0655

SENT VIA E-MAIL TO: erosenberg@lawyerscommittee.org

Ezra Rosenberg Lawyers' Committee for Civil Rights under Law 1401 New York Avenue NW Washington, DC

Re: 2018-HQFO-00143

Dear Mr. Rosenberg:

This acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated October 24, 2017, and seeking 1) All records containing, reflecting, documenting, summarizing, or otherwise relating to the communications identified in the Vaughn-type index (Ex. A hereto) entry Nos. 365, 383, 384, 445, 447, 472, 475, 681, 682, 689, 693, 701, 703, 705, 706, 711, 735, 738, 739, 741, 742, 744, and 749; 2) Any other records containing, reflecting, documenting, summarizing, or otherwise relating to communications since January 20, 2017, between any employee of your agency and any of the following individuals: a. Kris Kobach, including but not limited to emails that include the email addresses kkobach@gmail.com and kris@kriskobach.com b. Connie Lawson, including but not limited to emails that include the email address connie@lawsonandco.com c. Bill Gardner, including but not limited to emails that include the email address chipkate@aol.com d. Matthew Dunlap, including but not limited to emails that include the email address mattdunlap47@gmail.com e. J. Kenneth Blackwell, including but not limited to emails that include the email address kennethblackwell693@gmail.com f. Hans von Spakovsky, including but not limited to emails that include the email address Hans.VonSpakovsky@heritage.org g. Christy McCormick, including but not limited to emails that include the email address cacm@aol.com h. David Dunn, including but not limited to emails that include the email address david@capitolpartnersar.com i. Mark Rhodes, including but not limited to emails that include the email address mrhodes@woodcountywv.com j. Alan King, including but not limited to emails that include the email address aking2322@gmail.com k. J. Christian Adams, including but not limited to emails that include the email address adams@electionlawcenter.com l. Andrew Kossack m. Mark Paoletta n. Matthew Morgan o. Ronald Williams p. Deniz Baykin q. Any other Commission staff members; and 3) Any other records of your agency, including but not limited to internal communications, communications with other federal agencies, and communications with third parties, that reference the individuals in request; (2) or the Commission itself by name. Your request was received in this office on October 25, 2017.

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 87 of 90
After careful review of your FOIA request, we determined that your request is too broad in scope or did not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, 6 C.F.R. Part 5 §5.3(b) of the DHS FOIA regulations require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the DHS component or office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.
You are seeking email communications but you are not clear which DHS emails you would like to be searched. Please identify the DHS email accounts you would like us to search.
Please resubmit your request containing a reasonable description of the records you are seeking. This is not a denial of your request. Upon receipt of a perfected request, you will be advised as to the status of your request. If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed.
Your request has been assigned reference number 2018-HQFO-00143. Please refer to this identifier in any future correspondence. The status of your FOIA request is now available online and can be accessed at: https://www.dhs.gov/foia-status, by using this FOIA request number. Status information is updated daily. Alternatively, you can download the DHS eFOIA Mobile App, the free app is available for all Apple and Android devices. With the DHS eFOIA Mobile App, you can submit FOIA requests or check the status of requests, access all of the content on the FOIA website, and receive updates anyplace, anytime.
If you have any questions, or would like to discuss this matter, please feel free to contact this office at 1-866-431-0486 or at 202-343-1743.
Sincerely,
/s/
LaEbony Livingston FOIA Program Specialist

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 88 of 90
Exhibit L

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 89 of 90
U.S. Department of Homeland Security Washington, DC 20528
Homeland Security

December 26, 2017

Privacy Office, Mail Stop 0655

SENT VIA E-MAIL TO: erosenberg@lawyerscommittee.org

Ezra Rosenberg Lawyers' Committee For Civil Rights Under Law 1401 New York Avenue NW Washington, DC

Re: 2018-HQFO-00143

Dear Mr. Rosenberg:

This is to advise you of further action taken on your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated October 24, 2017, and seeking 1) All records containing, reflecting, documenting, summarizing, or otherwise relating to the communications identified in the Vaughn-type index (Ex. A hereto) entry Nos. 365, 383, 384, 445, 447, 472, 475, 681, 682, 689, 693, 701, 703, 705, 706, 711, 735, 738, 739, 741, 742, 744, and 749; 2) Any other records containing, reflecting, documenting, summarizing, or otherwise relating to communications since January 20, 2017, between any employee of your agency and any of the following individuals: a. Kris Kobach, including but not limited to emails that include the email addresses kkobach@gmail.com and kris@kriskobach.com b. Connie Lawson, including but not limited to emails that include the email address connie@lawsonandco.com c. Bill Gardner, including but not limited to emails that include the email address chipkate@aol.com d. Matthew Dunlap, including but not limited to emails that include the email address mattdunlap47@gmail.com e. J. Kenneth Blackwell, including but not limited to emails that include the email address kennethblackwell693@gmail.com f. Hans von Spakovsky, including but not limited to emails that include the email address Hans.VonSpakovsky@heritage.org g. Christy McCormick, including but not limited to emails that include the email address cacm@aol.com h. David Dunn, including but not limited to emails that include the email address david@capitolpartnersar.com i. Mark Rhodes, including but not limited to emails that include the email address mrhodes@woodcountywv.com j. Alan King, including but not limited to emails that include the email address aking2322@gmail.com k. J. Christian Adams, including but not limited to emails that include the email address adams@electionlawcenter.com l. Andrew Kossack m. Mark Paoletta n. Matthew Morgan o. Ronald Williams p. Deniz Baykin q. Any other Commission staff members; and 3) Any other records of your agency, including but not limited to internal communications, communications with other federal agencies, and communications with third parties, that reference the individuals in request; (2) or the Commission itself by name.

Your request was received in this office on October 25, 2017.

Case 1:18-cv-00167 Document 1-1 Filed 01/26/18 Page 90 of 90
Based on the broad description you initially provided, we asked you to provide us with more information regarding the precise documents of interest. Based on the insufficient information you continue to supply, we cannot conduct an adequate search. Pursuant to §5.3(b) of the DHS FOIA and Privacy Act Regulations, 6 C.F.R. Part 5, you must describe the records you are seeking with as much information as possible to ensure that our search of appropriate systems of records can find them with a reasonable amount of effort. In addition to the information that you provided, this description would include, the DHS component you believe created and/or controls the record, the time period that you believe the record or file was created and compiled, and the nature of the record or document.
We are administratively closing this case. You may find it helpful to access the DHS website for information on our various offices and their associated missions: https://www.dhs.gov/operational-and-support-components.
If you have any questions, or would like to discuss this matter, please feel free to contact this office at 1-866-431-0486 or at 202-343-1743 and refer to case number 2018-HQFO-00143.
Sincerely,
LaEbony Livingston FOIA Program Specialist

 
 Case 1:17-cv-01354-CKK Document 17 Filed 07/18/17 Page 1 of 24

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER
LAW,
Plaintiff,
v.
PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, et al.,
Defendants.

Civil Action No. 17-1354 (CKK)

MEMORANDUM OPINION (July 18, 2017)
This case arises from the establishment by Executive Order of the Presidential Advisory Commission on Election Integrity (the “Commission”). Plaintiff alleges that the Commission is an advisory committee subject to the disclosure, notice, and reporting requirements of the Federal Advisory Committee Act, codified at 5 U.S.C. app. 2 (“FACA”). Pending before the Court is Plaintiff’s [3] Motion for Temporary Restraining Order and Preliminary Injunction. That motion seeks an order requiring the Commission to hold a scheduled July 19, 2017 meeting “open to in-person public attendance and participation” and to disclose certain records to the public prior to the meeting. Proposed Order, ECF No. 3-2. Although the Commission’s affairs have drawn substantial public attention, the legal issues involved are highly technical, implicating the jurisdiction of this Court and its ability to afford judicial review for Plaintiff’s claims, and requiring a finegrained analysis of a federal law—FACA—that is likely unfamiliar to even seasoned legal practitioners. Given the preliminary and emergency nature of the relief sought, the Court need not at this time decide conclusively whether Plaintiff is, or is not, ultimately entitled

1

Case 1:17-cv-01354-CKK Document 17 Filed 07/18/17 Page 2 of 24
to relief on the merits. Rather, if Plaintiff has standing to bring this lawsuit, then relief may be granted if the Court finds that Plaintiff has a likelihood of succeeding on the merits, that it would suffer irreparable harm absent injunctive relief, and that other equitable factors— that is, questions of fairness, justice, and the public interest—warrant such relief.
At this juncture, the Court finds that although Plaintiff has standing, it has not shown a likelihood of success on the merits, principally because it has not demonstrated that, at the present time, Defendants are out of compliance with FACA’s open meetings and document disclosure provisions. The Court further concludes that Defendants’ disclosures to date are sufficient for the public and Plaintiff to engage in an informed debate regarding the activities of the Commission, meaning that Plaintiff has not demonstrated that it will suffer an irreparable informational injury. Finally, the balance struck to date between the equitable and public interests in prompt disclosure, on the one hand, and permitting the Commission to operate without undue burden, on the other, obviates the need for emergency injunctive relief, at least for the time being. Nonetheless, to the extent the factual or equitable circumstances change, the Court may be required to revisit this and other determinations made herein. Accordingly, upon consideration of the pleadings,1 the relevant legal authorities, and the record as a whole, Plaintiff’s [3] Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE.2
1 The Court’s consideration has focused on the following documents: • Pl.’s Mem. in Supp. of Mot. for TRO and Prelim. Inj., ECF No. 3-1 (“Pl.’s Mem.”); • Defs.’ Mem. in Opp’n to Pls.’ Mots. for TRO and Prelim. Inj., ECF No. 15 (“Opp’n Mem.”); • Pl.’s Reply Mem. in Supp. of Mot. for TRO and Prelim. Inj., ECF No. 16 (“Pl.’s Reply Mem.”).
2 Plaintiff has consented to the contemporaneous adjudication of both its motion for a temporary restraining order and its motion for a preliminary injunction.
2

Case 1:17-cv-01354-CKK Document 17 Filed 07/18/17 Page 3 of 24
I. BACKGROUND A. Statutory Background
FACA imposes a number of procedural requirements on “advisory committees,” which are defined to include “any committee . . . which is . . . established or utilized by the President . . . in the interest of obtaining advice or recommendations for the President . . . .” 5 U.S.C. app. 2 § 3(2). The statute exempts “any committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government . . . .” Id. FACA was enacted out of
a desire to assess the need for the numerous committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government. . . . Its purpose was to ensure that new advisory committees be established only when essential and that their number be minimized; that they be terminated when they have outlived their usefulness; that their creation, operation, and duration be subject to uniform standards and procedures; that Congress and the public remain apprised of their existence, activities, and cost; and that their work be exclusively advisory in nature. Pub. Citizen v. U.S. Dep’t of Justice, 491 U.S. 440, 445–46 (1989) (internal quotation marks and citations omitted). To achieve that purpose, FACA requires that an advisory committee, inter alia, file a charter before meeting or taking any action, 5 U.S.C. app. 2 § 9(c), hold its meetings “open to the public,” id. § 10(a)(1), publish “timely notice” of each such meeting in the Federal Register, id. § 10(a)(2), keep minutes and other records of its meetings, id. § 10(c), and allow “interested persons . . . to attend, appear before, or file statements with” the committee, id. § 10(a)(3). FACA also mandates that, unless an exception applies under the Freedom of Information Act (“FOIA”), “the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made
3

Case 1:17-cv-01354-CKK Document 17 Filed 07/18/17 Page 4 of 24
available to or prepared for or by each advisory committee shall be available for public inspection and copying . . . .” Id. § 10(b). Finally, FACA requires that each advisory committee be “fairly balanced in terms of the points of view represented and the functions to be performed,” id. § 5(b)(2), and “not be inappropriately influenced by the appointing authority or by any special interest,” id. § 5(b)(3).
B. Factual Background The Commission was established by Executive Order on May 11, 2017. Executive
Order No. 13,799, 82 Fed. Reg. 22,389 (May 11, 2017) (“Exec. Order”). According to the Executive Order, the Commission’s purpose is to “study the registration and voting processes used in Federal elections.” Id. § 3. The Executive Order states the Commission is “solely advisory,” and that it shall disband 30 days after submitting a report to the President on three areas related to “voting processes” in Federal elections. Id. §§ 3, 6. The Vice President is the chair of the Commission, and the President may appoint 15 additional members. From this group, the Vice President is permitted to appoint a Vice Chair of the Commission. On the same day the Commission was established, the Vice President appointed Kris W. Kobach, Secretary of State for Kansas, to serve as the Vice Chair. Compl. ¶ 32; Decl. of Kris Kobach, Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, No. 17-cv-1320 (D.D.C. July 3, 2017) (“EPIC”), ECF No. 8-1, at 1.
Apart from the Vice President and the Vice Chair, there are presently ten other members of the Commission, including Commissioner Christy McCormick of the Election Assistance Commission (the “EAC”), who is currently the only federal agency official serving on the Commission, and a number of state election officials, both Democratic and
4

Case 1:17-cv-01354-CKK Document 17 Filed 07/18/17 Page 5 of 24
Republican, and a Senior Legal Fellow of the Heritage Foundation. Decl. of Andrew J. Kossack, ECF No. 15-1 (“Kossack Decl.”), ¶ 1. According to Defendants, “McCormick is not serving in her official capacity as a member of the EAC.” EPIC, Second Decl. of Kris W. Kobach, ECF No. 11-1, at 2. The Executive Order also provides that the General Services Administration (“GSA”), a federal agency, will “provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis,” and that other federal agencies “shall endeavor to cooperate with the Commission.” Exec. Order, §§ 7(a), (b). Furthermore, the Administrator of General Services—the agency head of the GSA—is charged with performing “any functions of the President under [FACA], except for those in section 6[,]” to the extent that FACA applies to the Commission. Id. § 7(c).
The Commission filed a charter on June 23, 2017. Compl. § 29, Ex. A. In pertinent part, the Charter provides that the Commission “will function solely as an advisory body,” id. ¶ 4; that the Commission is established in accordance with the Executive Order “and the provisions of the Federal Advisory Committee Act,” id. ¶ 2; and that the GSA “shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission[,]” id. ¶ 6. Defendants represent that the Commission is voluntarily complying with FACA. Kossack Decl. ¶ 2.
On June 28, 2017, the Vice President held a teleconference with members of the Commission, during which the Vice Chair discussed his intention to send letters to state election officials requesting certain information on registered voters. Compl. ¶ 35. There is no evidence in the record that advance notice of this teleconference was provided by the
5

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Commission, or that it was accessible to the public, but a “readout” of the call has been made publicly available, which describes the event as an “organizational call” and states that the Commission “set July 19 as its first meeting, which will take place in Washington, D.C.” Id.; see Readout of the Vice President’s Call with the Presidential Advisory Commission on Election Integrity, available at https://www.whitehouse.gov/the-pressoffice/2017/06/28/readout-vice-presidents-call-presidential-advisory-commissionelection (last accessed on July 18, 2017). According to Defendants, the teleconference was merely a preliminarily, organizational call, and members were expressly advised that the conversation “would be limited to preparatory and administrative work, and would not address matters on which the Commission was charged with advice and recommendations.” Kossack Decl. ¶ 4 (citing Ex. A). Furthermore, although “[t]he Vice Chair and staff described the request, . . . members were not given a copy of any requests in advance of the call and did not see the request until shortly before it was sent to states.” Id. ¶ 5. The request was, however, discussed for several minutes, and although members did not vote on whether to send the request or any other matter, the “request was modified in response to some of [their] comments.” Id.
Subsequently, on June 29, 2017, the Vice Chair directed that identical letters “be sent to the secretaries of state or chief election officers of each of the fifty states and the District of Columbia.” EPIC, Decl. of Kris Kobach, ECF No. 8-1, at 2. In addition to soliciting the views of state officials on certain election matters by way of seven broad policy questions, each of the letters requests that state officials provide the Commission with the “publicly available voter roll data” of their respective states, “including, if publicly available under the laws of [their] state, the full first and last names of all registrants, middle
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names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, voter history (elections voted in) from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information.” Id., Ex. 3 (June 28, 2017 Letter to the Honorable John Merrill, Secretary of State of Alabama). A substantial number of states have either fully or partially declined to comply with the Commission’s request for voter roll data—the exact number and the specific details of the states’ responses are unknown to the Court and are not relevant to the disposition of the pending motion. Without doubt, however, substantial public attention has been focused on the Commission’s request for voter roll information. See, e.g., Compl. ¶¶ 37–38.
On July 5, 2017, a meeting notice was published in the Federal Register indicating that the “first Commission meeting will be held on Wednesday, July 19, 2017, from 11:00 a.m., Eastern Daylight Time (EDT) until no later than 5:00 p.m., EDT.” 82 Fed. Reg. 31063 (July 5, 2017). The notice appears to have been published by the GSA, and under the section entitled “Agency,” both the GSA, and the Office of Government-wide Policy (“OGP”), a component of the GSA, are listed. Furthermore, the notice states that the Commission is “a Federal Advisory Committee established in accordance with the Federal Advisory Committee Act . . . .” The notice further provides that the July 19 meeting “will be open to the public through livestreaming on https://www.whitehouse.gov/live,” which is the “same livestreaming system regularly used by the White House to stream White House press briefings, speeches by the President and Vice President, and other events with significant viewership.” Kossack Decl. ¶ 7. The notice states that individuals may submit
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written comments to the Commission via email in advance of the meeting, and that the meeting “will consist of a ceremonial swearing in of Commission members, introductions and statements from members, a discussion of the Commission’s charge and objectives, possible comments or presentations from invited experts, and a discussion of next steps and related matters.” Although the notice indicates that there “will not be oral comments from the public at th[e] initial meeting[,]” it adds that “[t]he Commission will provide individuals interested in providing oral comments the opportunity to do so at subsequent meetings.” According to Defendants, members of the general public will be excluded from the July 19 meeting due to security concerns posed by the attendance of the Vice President, but “a number of accredited members of the White House press corps will be invited to attend in person,” as space permits. Kossack Decl. ¶ 8.
In a submission to this Court, Defendants have represented that the Commission intends to “publish to a public webpage all documents which were made available to or prepared for or by the Commission, in accordance with FACA.” Id. ¶ 2. Furthermore, prior to the July 19 meeting, the Commission will post to its website the agenda of the meeting, “public comments received through the Commission’s staff email account within a reasonable time in advance of the meeting, and other documents that are prepared for or by the Commission.” Id. ¶ 10. The Commission has received over 30,000 public comments via the Commissions’ email address. Id.
On July 3, 2017, Plaintiff submitted a request for the Commission’s records pursuant to section 10(b) of FACA. In particular, Plaintiff requested that, prior to the July 19 meeting, the Commission produce:
All emails since May 11, 2017 relating to the Commission’s establishment, organization, operation, or work sent from or to the Commission’s Chair,
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Vice Chair, other Commission members, or any federal employee (including special government employees) providing support to the Commission; and All other documentary materials created or received since May 11, 2017, including but not limited to records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, or agenda, relating to the Commission’s establishment, organization, operation, or work that were made available to, or prepared by, the Commission’s Chair, Vice Chair, other Commission members, or any federal employee (including special government employees) providing support to the Commission. Compl., Ex. L. A follow-up email was sent by Plaintiff on July 9, 2017. Id., Ex. N. Defendants concede that they did not respond directly to the request before this suit was filed. Kossack Decl. ¶ 3.
II. LEGAL STANDARD Preliminary injunctive relief, whether in the form of a temporary restraining order or a preliminary injunction, is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Sherley v. Sebelius, 644 F.3d 388, 392 (D.C. Cir. 2011) (quoting Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008)); see also Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (“[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” (emphasis in original; quotation marks omitted)). A plaintiff seeking preliminary injunctive relief “must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Aamer v. Obama, 742 F.3d 1023, 1038 (D.C. Cir. 2014) (quoting Sherley, 644 F.3d at 392 (quoting Winter, 555 U.S. at 20) (alteration in original; quotation marks omitted)). When seeking such relief, “the movant has the burden
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to show that all four factors, taken together, weigh in favor of the injunction.’” Abdullah v. Obama, 753 F.3d 193, 197 (D.C. Cir. 2014) (quoting Davis v. Pension Benefit Guar. Corp., 571 F.3d 1288, 1292 (D.C. Cir. 2009)). “The four factors have typically been evaluated on a ‘sliding scale.’” Davis, 571 F.3d at 1291 (citation omitted). Under this sliding-scale framework, “[i]f the movant makes an unusually strong showing on one of the factors, then it does not necessarily have to make as strong a showing on another factor.” Id. at 129192.3
III. DISCUSSION A. Subject-Matter Jurisdiction
1. Standing and Ripeness With respect to Plaintiff’s claim under section 10(b), which seeks the disclosure, prior to the July 19 meeting, of two broad categories of materials related to the Commission, Defendants contend that Plaintiff has not suffered an injury-in-fact, or, in the alternative, that Plaintiff’s section 10(b) claim is not yet ripe. The Court must assess its subject-matter jurisdiction with respect to a particular claim before ruling on the merits. Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999).
3 The Court notes that it is not clear whether this circuit’s sliding-scale approach to assessing the four preliminary injunction factors survives the Supreme Court’s decision in Winter. See Save Jobs USA v. U.S. Dep’t of Homeland Sec., 105 F. Supp. 3d 108, 112 (D.D.C. 2015). Several judges on the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) have “read Winter at least to suggest if not to hold ‘that a likelihood of success is an independent, free-standing requirement for a preliminary injunction.’” Sherley, 644 F.3d at 393 (quoting Davis, 571 F.3d at 1296 (concurring opinion)). However, the D.C. Circuit has yet to hold definitively that Winter has displaced the sliding-scale analysis. See id.; see also Save Jobs USA, 105 F. Supp. 3d at 112. In any event, this Court need not resolve the viability of the sliding-scale approach today, as it finds that Plaintiff has failed to show a likelihood of success on the merits and irreparable harm, and that the other preliminary injunction factors are in equipoise.
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Standing requires that a plaintiff have “a personal stake in the outcome of the controversy . . . .” Warth v. Seldin, 422 U.S. 490, 498 (1975). Consequently, a plaintiff cannot be a mere bystander or interested third-party, or a self-appointed representative of the public interest; he or she must show that defendant’s conduct has affected them in a “personal and individual way.” Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). The familiar requirements of Article III standing are:
(1) that the plaintiff have suffered an “injury in fact”—an invasion of a judicially cognizable interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) that there be a causal connection between the injury and the conduct complained of—the injury must be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court; and (3) that it be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Bennett v. Spear, 520 U.S. 154, 167 (1997) (citing Lujan, 504 U.S. at 560–61). Here, Defendants do not contest that Plaintiff may suffer an informational injury, sufficient to confer standing, if Plaintiff has been denied advisory committee materials that are due to it pursuant to section 10(b). Opp’n Mem. at 8. Indeed, the Supreme Court and the D.C. Circuit have both recognized that plaintiffs have informational standing when they are denied materials allegedly due to them under FACA. Pub. Citizen, 491 U.S. at 449; Judicial Watch, Inc. v. U.S. Dep’t of Commerce, 583 F.3d 871, 873 (D.C. Cir. 2009) (“In the context of a FACA claim, an agency’s refusal to disclose information that the act requires be revealed constitutes a sufficient injury.) Rather, Defendants argue that Plaintiff has not suffered an injury because the Commission “has announced its intent to release the relevant July 19 materials in advance of the meeting.” Opp’n Mem. at 9. However, this is not a jurisdictional argument, but instead one that drives at the heart of the merits dispute between the parties; that is, whether Defendants disclosures to date, and representations
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regarding future disclosures, are sufficient to satisfy the requirements of section 10(b). Plaintiff claims that they are not, and as the Court must assume the validity of Plaintiff’s view of the law for purposes of the jurisdictional inquiry, Plaintiff has accordingly stated an informational injury that is sufficient to confer standing in this case. See Parker v. D.C., 478 F.3d 370, 378 (D.C. Cir. 2007), aff’d sub nom. D.C. v. Heller, 554 U.S. 570 (2008).
Defendants also challenge the section 10(b) claim as unripe for judicial review. The ripeness doctrine aims at preventing the courts from adjudicating cases “not involving present injury.” Wyo. Outdoor Council v. U.S. Forest Serv., 165 F.3d 43, 48 (D.C. Cir. 1999). “Ripeness, while often spoken of as a justiciability doctrine distinct from standing, in fact shares the constitutional requirement of standing that an injury in fact be certainly impending.” Nat’l Treasury Emps. Union v. United States, 101 F.3d 1423, 1427 (D.C. Cir. 1996). A plaintiff must “demonstrate[ ] that it faces an imminent or certainly impending injury” to pass the “ripeness test.” Chlorine Inst. v. Federal R.R. Admin., 718 F.3d 922, 927 (D.C. Cir. 2013). “Additionally, the ripeness doctrine has a prudential aspect; in which the court balances the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration—that extends beyond standing’s constitutional core.” Delaware Riverkeeper Network v. Fed. Energy Regulatory Comm’n, No. 16-CV416 (TSC), 2017 WL 1080929, at *3 (D.D.C. Mar. 22, 2017) (internal quotation marks omitted; citing Nat’l Treasury, 101 F.3d at 1427).
Essentially, Defendants contend that the section 10(b) claim is not yet ripe because Defendants intend to publish materials, that in their view, satisfy the disclosure obligations current placed upon them by FACA, and that Plaintiff’s claim is consequently based on Defendants failing to abide by their representations in this case. Opp’n Mem. at 9 (citing
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Texas v. United States, 523 U.S. 296, 300 (1998) (a claim is not ripe for adjudication “if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all”)). The Court disagrees with this view of the law. On the basis of Food Chemical, Plaintiff contends that they are entitled to the disclosure of materials now, not at some point in the future, and that the disclosures to date, and the promised disclosures in the future, are insufficient to satisfy section 10(b). Put differently, there is a merits disagreement here both about the scope and timing of Defendants’ disclosure obligations. Food Chem. News v. Dep’t of Health & Human Servs., 980 F.2d 1468, 1472 (D.C. Cir. 1992). This is not to say that Plaintiff is correct, but merely that for purposes of this Court’s subject-matter jurisdiction, Plaintiff has asserted an informational injury that is both imminent and certain—assuming its view of the law wins the day—and therefore ripe for judicial review. See Friends of Animals v. Jewell, 828 F.3d 989, 992 (D.C. Cir. 2016) (for purposes of informational standing, Plaintiff must show that “it has been deprived of information that, on its interpretation, a statute requires the government or a third party to disclose to it” (emphasis added)).
2. Mandamus Jurisdiction Among other avenues of potential redress, Plaintiff also seeks relief pursuant to 28 U.S.C. § 1361, which provides that “district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” In this case, that relief would be an injunction in the form of mandamus requiring Defendants to comply with FACA. Mandamus is a “drastic remedy, to be invoked only in extraordinary circumstances.” Fornaro v. James, 416 F.3d 63, 69 (D.C. Cir. 2005) (internal quotation
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marks omitted; citing Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 34 (1980)). “To show entitlement to mandamus, plaintiffs must demonstrate (1) a clear and indisputable right to relief, (2) that the government agency or official is violating a clear duty to act, and (3) that no adequate alternative remedy exists.” Am. Hosp. Ass’n v. Burwell, 812 F.3d 183, 189 (D.C. Cir. 2016). These requirements are jurisdictional. Id. Even when these requirements are met, however, “a court may grant relief only when it finds compelling equitable grounds. . . . The party seeking mandamus has the burden of showing that its right to issuance of the writ is clear and indisputable.” Id. (citing Power v. Barnhart, 292 F.3d 781, 784 (D.C. Cir. 2002)).
Mandamus jurisdiction is not presently available in this case for several reasons. First, the Court does yet not conclude that there is no “adequate alternative remedy,” because it need not rule out the availability of judicial review pursuant to the Administrative Procedure Act (“APA”), as even if APA review were available, Plaintiff has not demonstrated an entitlement to relief at this time. Infra at 16. Second, the particular provisions of FACA sought to be enforced by Plaintiff do not provide a “clear and indisputable right” to the relief sought by Plaintiff in its motion for emergency injunctive relief. The document disclosure provision of FACA—section 10(b)—albeit broad in scope, does not itself create a right to the imminent release of all relevant, non-exempt materials. And the open meetings and public participation requirements—sections 10(a)(1) and 10(a)(3)—do not, on their face, require the public to be able to physically attend and provide oral commentary at every advisory committee meeting. Infra at 19. Third, for the reasons detailed below, Defendants appear to have, for the time being, complied with FACA as that law has been interpreted by the D.C. Circuit. Infra at 19, 22.
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This is not to say that mandamus relief may never be appropriate for alleged FACA violations—other district courts have found, in different legal and factual circumstances, that such relief may indeed be available. See, e.g., Freedom Watch, Inc. v. Obama, 807 F. Supp. 2d 28, 32 (D.D.C. 2011); Judicial Watch, Inc. v. U.S. Dep’t of Commerce, 736 F. Supp. 2d 24, 31 (D.D.C. 2010). The Court merely concludes that, given the factual and legal circumstances of this case, it lacks jurisdiction to confer relief in the form of mandamus at the present time.
B. Likelihood of Success on the Merits FACA does not provide for a private cause of action. Ctr. for Biological Diversity
v. Tidwell, No. CV 15-2176 (CKK), 2017 WL 943902, at *4 (D.D.C. Mar. 9, 2017). Accordingly, judicial review must be sought through some alternative route. Plaintiff contends that review is available pursuant to section 702 of the APA, which provides that a “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.” 5 U.S.C. § 702. If judicial review is available, the district court may, among other things, “compel agency action unlawfully withheld or unreasonably delayed . . . .” Id. § 706(1). “[A] a claim under § 706(1) can proceed only where a plaintiff asserts that an agency failed to take a discrete agency action that it is required to take.” Norton v. S. Utah Wilderness All., 542 U.S. 55, 64 (2004) (emphasis in original). This latter limitation, that the allegedly withheld action be one that the agency was required to take, “rules out judicial direction of even discrete agency action that is not demanded by law.” PETA v. USDA, 797 F.3d 1087, 1098 (D.C. Cir. 2015) (internal quotation marks omitted); see also Norton, 542 U.S. at 66 (noting that section 706(1) carried forward “the traditional
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practice prior to its passage, when judicial review was achieved through use of the so-called prerogative writs–principally writs of mandamus under the All Writs Act”). In addition, the Court may set aside agency action—in this case, presumably the convening of the July 19 meeting—that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law . . . .” 5 U.S.C. § 706(2)(A). A party challenging agency action as arbitrary and capricious “must show the agency action is not a product of reasoned decisionmaking.” Van Hollen, Jr. v. FEC, 811 F.3d 486, 495 (D.C. Cir. 2016). “This is a heavy burden, since State Farm entails a very deferential scope of review that forbids a court from substituting its judgment for that of the agency.” Id. (internal quotation marks and alterations omitted); see Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983).
Defendants strenuously oppose the availability of APA review, principally on the basis that, in their view, the Commission is not an “agency.” See Opp’n Mem. at 10–13. The Court need not reach this issue, as it finds that even if APA review were available, Plaintiff has not demonstrated that it has a likelihood of success on the merits. See Trudeau v. FTC, 456 F.3d 178, 183 (D.C. Cir. 2006) (“the APA’s final agency action requirement is not jurisdictional”); PETA, 797 F.3d at 1098 (declining to decide whether judicial review was available pursuant to the APA, and instead dismissing on the basis that agency action was not “unlawfully withheld” pursuant to section 706(1)).
Plaintiff’s request for injunctive relief is predicated on Defendants’ alleged violations of three FACA requirements. The first, section 10(a)(1), mandates that “[e]ach advisory committee meeting shall be open to the public”; the second, section 10(a)(3), mandates that “[i]nterested persons shall be permitted to attend, appear before, or file
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statements with any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe”; and the third, section 10(b), mandates that “the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.” Plaintiff alleges that the Commission will violate FACA unless it holds the July 19 meeting open to “in-person public attendance and participation . . . .” Compl. ¶ 59. And that the Commission has violated and will continue to violate section 10(b) because it has not disclosed materials responsive to Plaintiff’s July 3 request. Id. ¶ 53. The Court assesses each of these claims in turn.
First, section 10(a)(1) does not prescribe the manner in which advisory committee meetings are supposed to be “open to the public.” Defendants have provided for public viewing of the July 19 meeting through a livestreaming service used by the White House for events with substantial viewership, such as official press briefings and speeches by the President and the Vice President. See supra at 7. Furthermore, section 10(a)(3) does not require that interested persons be permitted to attend each advisory committee meeting, nor does it even seem to require that an advisory committee provide an opportunity for inperson attendance at all, if interested persons are permitted to “file statements” with the committee. See Holy Cross Neighborhood v. Julich, 106 F. Supp. 2d 876, 887 (E.D. La. 2000) (noting “Congress’ use of the disjunctive: the Plaintiffs do not have the right to attend, appear before and file statements”). Here, the Commission has permitted interested persons to submit written comments in advance of the meeting, and has stated that it “will
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provide individuals interested in providing oral comments the opportunity to do so at subsequent meetings[,]” presumably where the security concerns posed by the attendance of the Vice President are not present. See supra at 8. Consequently, section 10(a) does not appear to require Defendants to do anything more to comply with FACA, at this point, than what they have already done.
This conclusion is buoyed by a review of pertinent regulations promulgated by the GSA elaborating on how federal advisory committees are expected to comply with FACA. See generally 41 C.F.R., part 102-3 (“Federal Advisory Committee Management”). These regulations do not necessarily carry the force of law, but they are at very least instructive because the GSA is “the agency responsible for administering FACA . . . .” Pub. Citizen, 491 U.S. at 465 n.12 (citing 5 U.S.C. App. § 7(c), which authorizes the GSA to “prescribe administrative guidelines and management controls applicable to advisory committees . . . .”). Moreover, section 10(a)(3) specifically subjects the right of “persons . . . to attend, appear before, or file statements with any advisory committee, . . . to such reasonable rules or regulations as the Administrator [of the GSA] may prescribe.” With respect to the open meetings requirement of section 10(a)(1), the pertinent regulations require only that an advisory committee meeting be “held at a reasonable time and in a manner or place reasonably accessible to the public,” that the “meeting room or other forum selected is sufficient to accommodate . . . a reasonable number of interested members of the public,” and that any “advisory committee meeting conducted in whole or part by a teleconference, videoconference, the Internet, or other electronic medium [must meet] the requirements of this subpart.” 41 C.F.R. § 102-3.140 (emphasis added). Consequently, the regulations anticipate that some advisory committee meetings will be made publicly accessible via
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internet access, and that this is permissible so long as this method is “reasonably accessible
to the public,” and can accommodate “a reasonable number of interested members of the
public.” Id. Based on Defendants’ representations, the livestreaming service offered for the
July 19 meeting appears likely to satisfy both of these requirements, and indeed will offer
more members of the public the opportunity to observe proceedings than had only physical access been permitted.4 With respect to the requirements of section 10(a)(3), the pertinent
regulations, like the statutory text, do not require that interested persons be permitted to
provide oral comments at every advisory committee meeting. See id. § 102-3.140(d)
(“[a]ny member of the public may speak to or otherwise address the advisory committee if
the agency’s guidelines so permit”). Accordingly, the Court finds that Plaintiff has failed
to demonstrate a likelihood of success with respect to its claim that Defendants’
arrangements for the July 19 meeting are violative of sections 10(a)(1) or 10(a)(3) of
FACA.
Turning to the section 10(b) claim, Plaintiff has requested the disclosure, prior to
the July 19 meeting, of two broad categories of materials related to the Commission and
4 In a related case, American Civil Liberties Union, et. al., v. Donald Trump, et. al., No. 17-cv-1351 (D.D.C. July 10, 2017) (“ACLU”), plaintiffs have argued, in essence, that Defendants are violating these regulations because the meeting is being held in-person, while public access is being provided via the internet. ACLU, ECF No. 17, at 16. The Court does not read the statute or regulations so narrowly. For example, the regulations provide that each “advisory committee meeting [must be] held at a reasonable time and in a manner or place reasonably accessible to the public . . . .” 41 C.F.R. § 102-3.140(a). This only requires that the “manner” or “place” be reasonably accessible to the public, not both. Furthermore, the regulations seem to anticipate that meetings may be held in a mixed medium, as they provide for an “advisory committee meeting [to be] conducted in whole or part by a teleconference . . . .” Id. § 102-3.140(e) (emphasis added). Finally, it must be remembered that the statutory mandate only requires generally that each “advisory committee meeting shall be open to the public.” 5 U.S.C. app. 2 § 10(a)(1). No particular mode of access is specified.
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its members. The first category seeks email correspondence between Commission members, including the Vice President and the Vice Chair, and any federal employee providing support to the Commission, that relates “to the Commission’s establishment, organization, operation, or work . . . .” Compl., Ex. L. The second category seeks to capture “[a]ll other documentary materials created or received . . . relating to the Commission’s establishment, organization, operation, or work that were made available to, or prepared by, the Commission’s Chair, Vice Chair, other Commission members, or any federal employee . . . providing support to the Commission.” Id. Whether some or all of these materials should be made publicly available under section 10(b) at some point is not the question before the Court given the nature of the pending motion for injunctive relief. Rather, the pertinent question is what materials must be made publicly available by the Commission prior to the July 19 meeting.
Section 10(b) itself contains no deadline by which advisory committee materials must be made “available for public inspection and copying . . . .” However, in Food Chemical, the D.C. Circuit instructed that, pursuant to section 10(b), “whenever practicable, parties [should] have access to the relevant materials before or at the meeting at which the materials are used and discussed, [because opening] meetings to the public would be meaningless if the public could not follow the substance of the discussions.” Food Chem., 980 F.2d at 1472. Here, Defendants represent that because the July 19 meeting “is an initial meeting where the commissioners will introduce themselves and discuss the general direction for the Commission’s work, there are few documents that pertain to the meeting.” Kossack Decl. ¶ 10. Nonetheless, Defendants, in a declaration submitted to the Court under penalty of perjury, have represented that prior to the July 19 meeting, they will
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make publicly available: (i) the agenda for the meeting; (ii) public comments received by the Commission via its email account within a reasonable time in advance of the meeting; and (iii) “other documents that are prepared for or by the Commission.” Id. Documents “prepared for or by the Commission” invariably must include documents that will be “used and discussed” at the July 19 meeting. Accordingly, Defendants have satisfied their obligation under Food Chemical “to release those materials before or on the date of the advisory committee meeting for which those materials were prepared.” Food Chem., 980 F.2d at 1472. True, Plaintiff’s request for documents is broader than what Defendants have said they will produce, and section 10(b) in the final analysis may indeed require additional disclosures. But neither section 10(b) nor the law of this circuit require additional disclosures prior to the July 19 meeting on which the pending motion for injunctive relief is predicated, and as such, Defendants shall not be required to disclose more, at least for the time being.
The parties also spar over the significance of the June 28 teleconference. Defendants contend that this call was a preliminary organizational meeting, which GSA regulations exclude from the ambit of FACA’s disclosure obligations. Opp’n Mem. at 20– 21 (citing 41 C.F.R. § 102-3.160). And to the extent that FACA applies, Defendants contend that they have now remedied any failure to comply by attaching to their pleadings the call’s agenda and an email sent shortly before the call. Id. at 29. Plaintiff objects, arguing that there must have been additional documents prepared before, during, or after the meeting, including “earlier drafts of the letter [sent] to states,” and contemporaneous notes or transcripts of the meeting. Pl.’s Reply Mem. at 16. Again, however, the issue before the Court is not what must be disclosed eventually, but what must be disclosed before the July
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19 meeting. According to Defendants, drafts of the letter were not distributed to members before or during the teleconference; the request was only discussed orally. Kossack Decl. ¶ 5. And needless to say, contemporaneous notes or records of the teleconference could not have been disclosed before the teleconference occurred. Consequently, Defendants appear to have now disclosed the only materials that were prepared for the teleconference: the agenda and an invitational email apprising Commission members that the June 28 teleconference would be limited to preparatory and administrative discussions, and that substantive deliberations would not be permitted. Kossack Decl. Exs. A, B.
Nonetheless, the issue of whether section 10(b) requires additional disclosures with respect to the June 28 teleconference is certainly not moot. Like Plaintiff contends, additional documents may have been generated during the call, and Plaintiff may also be entitled to declaratory relief for Defendants failure to release the agenda and email before the teleconference—assuming that Defendants are incorrect that the meeting fell outside of FACA’s reach. See Byrd v. EPA, 174 F.3d 239, 244 (D.C. Cir. 1999). However, based on the information presently available to the Court, Defendants are not required by section 10(b) and Food Chemical to disclose any additional materials prior to the scheduled July 19 meeting, and accordingly, Plaintiff has failed to show a likelihood of success on its section 10(b) claim, at this time.
C. Irreparable Harm, Balance of the Equities, and the Public Interest “Although the concept of irreparable harm does not readily lend itself to definition,
the courts have developed several well known and indisputable principles to guide them in the determination of whether this requirement has been met.” Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985). Chief among them is that “the injury must be both
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certain and great; it must be actual and not theoretical.” Id. District courts in this circuit have recognized that, where an obligation to disclose exists, plaintiffs may suffer irreparable harm if they are denied access to information that is highly relevant to an ongoing public debate. See Washington Post v. Dep’t of Homeland Sec., 459 F. Supp. 2d 61, 75 (D.D.C. 2006) (“Because the urgency with which the plaintiff makes its FOIA request is predicated on a matter of current national debate, due to the impending election, a likelihood for irreparable harm exists if the plaintiff’s FOIA request does not receive expedited treatment.”); Elec. Privacy Info. Ctr. v. Dep’t of Justice, 416 F. Supp. 2d 30, 41 (D.D.C. 2006) (finding that plaintiff would be irreparably harmed because it would be “precluded, absent a preliminary injunction, from obtaining in a timely fashion information vital to the current and ongoing debate surrounding the legality of the Administration’s warrantless surveillance program”).
There is no doubt that the Commission and its request for voter roll information have generated substantial public interest and debate. Nonetheless, Plaintiff has failed to demonstrate that, absent preliminary injunctive relief, its ability to engage in this public debate would be substantially impaired in a manner that is both “certain and great.” Defendants have represented that, with respect to the July 19 meeting of the Commission, they will disclose the materials that will be used at the meeting. Moreover, the public will be permitted to view the meeting, to submit written comments, and to provide oral comments at subsequent meetings. There may be other documents that could, in theory, further facilitate this public debate, but based on the information presently available, it appears that the principal documents have or will be disclosed, and that the public and Plaintiff will have a substantial opportunity to debate and provide input with respect to the
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work of the Commission. Accordingly, the harm that would flow from the failure to disclose additional materials, prior to the July 19 meeting, is at this time too speculative to warrant injunctive relief.
Finally, the equitable and public interest factors are in equipoise. Plainly, as an equitable and public interest matter, more disclosure, more promptly, is better than less disclosure, less promptly. But this must be balanced against the interest of advisory committees to engage in their work without, prior to each meeting, having to disclose every document that could possibly be disclosed pursuant to section 10(b). Similarly, sometimes advisory committees must, for practical reasons, defer in-person public commentary until subsequent meetings, so long as the public may access each meeting and submit written comments. This is a balancing act, and in this case, the Court finds that the balance struck to date is sufficient to obviate the need for emergency injunctive relief. Nonetheless, to the extent the factual or equitable circumstances change, the Court may be required to revisit this and other determinations made herein.
IV. CONCLUSION Accordingly, for all of the foregoing reasons, Plaintiff’s [3] Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. An appropriate Order accompanies this Memorandum Opinion. Dated: July 18, 2017
/s/ COLLEEN KOLLAR-KOTELLY United States District Judge
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 Case 1:17-cv-01354-CKK Document 43 Filed 06/28/18 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW,
Plaintiff,
v.
PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, et al.,
Defendants.

Civil Action No. 17-1354 (CKK)

MEMORANDUM OPINION AND ORDER (June 28, 2018)
The Court’s [28] Order of August 30, 2017, instructed Defendants to prepare, among other things, a Vaughn-type index designed to assist the Court and the Plaintiff in “assess[ing] Defendants’ anticipated arguments, in the form of a motion pursuant to Federal Rule of Civil Procedure 12(b)(1), regarding the availability of mandamus jurisdiction in this action.” Order, ECF No. 28, at 1. Based on subsequent meet-and-confer discussions between the parties, Plaintiff repeatedly expressed concerns about the adequacy of Defendants’ approach to this task. See, e.g., Joint Status Report, ECF No. 32. After Defendants filed their [33-3] index, Plaintiff’s grievances materialized in a motion to compel compliance with the Court’s order.
The dissolution of Defendant Presidential Advisory Commission on Election Integrity (the “Commission”) on January 3, 2018, triggered a series of additional filings. Plaintiff not only urged the Court to find that adequacy of the index remains a live issue, but also extended its request for a revised Vaughn-type index to cover the full life of the Commission. Defendants reiterated their earlier insistence that the present index is sufficient to enable the parties to move to dispositive motion briefing and facilitate the Court’s evaluation of mandamus-type jurisdiction. Upon

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consideration of the pleadings,1 the relevant legal authorities, and the record as a whole, the Court
DENIES Plaintiff’s [35] Motion to Compel Compliance with the Court’s August 30, 2017 Order
and for Additional Appropriate Relief, and DENIES Plaintiff’s [41] Supplemental Request for
Relief in Conjunction with Plaintiff’s Motion to Compel Compliance with the Court’s August 30,
2017 Order.
The core issue at present is whether Plaintiff is entitled to the disclosure of any documents
associated with a now-defunct commission. Proceedings in a related case may affect developments
here as well. Yesterday, the Court decided that a former commissioner of the same Commission
was entitled to enforcement of a preliminary injunction—issued before the Commission’s
termination—that compelled defendants to produce certain documents withheld from that
commissioner during the Commission’s short life. Dunlap v. Presidential Advisory Comm’n on
Election Integrity, No. 17-cv-2361 (CKK) (D.D.C. June 27, 2018), ECF No. 52 at 1-3 (citing
Cummock v. Gore, 180 F.3d 282 (D.C. Cir. 1999)). The Dunlap defendants—who are the same as
1 The Court’s consideration has focused on the following documents:
• Notice of Filing, ECF No. 33, including [33-1] and [33-2] declarations and [33-3] document index;
• Pl. Lawyers’ Committee for Civil Rights Under Law’s Mot. to Compel Compliance with the Ct.’s Aug. 30, 2017 Order and for Additional Appropriate Relief, ECF No. 35 (“Pl.’s Mot. to Compel”);
• Defs.’ Opp’n to Pl.’s Mot. to Compel Compliance with This Ct.’s Aug. 30, 2017, Order and for Additional Appropriate Relief, ECF No. 36 (“Defs.’ Opp’n to Mot. to Compel”);
• Reply in Supp. of Pl.’s Mot. to Compel Compliance with the Ct.’s Aug. 30, 2017 Order and for Additional Appropriate Relief, ECF No. 37 (“Pl.’s Reply in Supp. of Mot. to Compel”);
• Pl.’s Resp. to Defs.’ Notice of Executive Order, ECF No. 40 (“Pl.’s Resp. to Exec. Order”); • Suppl. Request for Relief in Conjunction with Pl.’s Mot. to Compel Compliance with the
Ct.’s Aug. 30, 2017 Order, ECF No. 41 (“Pl.’s Suppl. Request”); and • Defs.’ Opp’n to Pl.’s Suppl. Request for Relief in Conjunction with Pl.’s Mot. to Compel
Compliance with This Ct.’s Aug. 30, 2017 Order and for Additional Appropriate Relief, ECF No. 42 (“Defs.’ Opp’n to Pl.’s Suppl. Request”).
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Defendants in this case2—must produce those documents by July 18, 2018. Id. at 3. The disclosure in Dunlap likely would overlap with any disclosure to which Plaintiff in this case is entitled.
Whatever the extent of would-be overlap, it is not clear that Plaintiff could independently obtain the production that it seeks in this case. Plaintiff is and always has been a member of the public, rather than a member of the Commission, and so Plaintiff cannot avail itself of Cummock, at least not directly. The question is whether Plaintiff currently has any entitlement to documents under Federal Advisory Committee Act (“FACA”) § 10(b) following the Commission’s termination. Plaintiff offers a string citation of case law for the proposition that it is “well settled that the ‘termination’ of a federal advisory committee does not moot claims for committee records under Section 10(b) of FACA.” Pl.’s Resp. to Exec. Order at 1. But without further briefing, the Court is not in a position to ascertain whether the few controlling authorities cited by Plaintiff necessarily dictate the disclosure sought here. See id. (citing, e.g., Ass’n of Am. Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898, 901 n.1 (D.C. Cir. 1993); Nat. Res. Def. Council v. Pena, 147 F.3d 1012, 1023 (D.C. Cir. 1998)).
Setting aside the possibility of mootness, the Court is of the view that further amplifying the Vaughn-type index is not an efficient method of proceeding in this case, particularly now that the Commission has been dissolved.3 Defendants’ current version of the index sets forth a number
2 Defendants’ counsel of record are also the same in the two cases. 3 “One of the most significant insights that skilled trial judges have gained in recent years is the wisdom and necessity for early judicial intervention in the management of litigation.” Jackson v. Finnegan, Henderson, Farabow, Garrett & Dunner, 101 F.3d 145, 151 (D.C. Cir. 1996) (quoting Hoffmann-La Roche, Inc. v. Sperling, 493 U.S. 165, 171 (1989)) (internal quotation marks omitted). “A judge may regulate practice in any manner consistent with federal law, rules adopted under 28 U.S.C. §§ 2072 and 2075, and the district’s local rules.” Fed. R. Civ. P. 83(b); see also Hoffmann-La Roche, Inc., 493 U.S. at 172. In keeping with these general guidelines, the Court endeavors to manage this case under the similarly broad rule that the Federal Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure
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of documents that they withheld from public disclosure, together with their alleged reasons for doing so. ECF No. 33-3 (containing index); see also 3d Decl. of Andrew J. Kossack, ECF No. 331, ¶ 12 (explaining rationales). An assessment of Plaintiff’s entitlement to documents must be made at the least under FACA § 10(b), which provides that
Subject to section 552 of title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist. 5 U.S.C. app. 2 § 10(b). Assuming arguendo that Plaintiff could be entitled to documents in this post-termination posture (i.e., after “the advisory committee ceases to exist”), Defendants’ index appears adequate to satisfy the Court’s need for it.4 The Court need not consult every one of the hundreds of entries to find some susceptible to a dispute under Section 10(b) that warrants merits briefing of mandamus-type jurisdiction. For example, among the withheld documents is an “[e]mail containing agenda for July 19 meeting” sent by Andrew Kossack, Executive Director and Designated Federal Officer for the Commission, to Commission members on July 14, 2017. ECF No. 33-3, at 11 (listing Doc. 140 as allegedly exempt under rationale “(b)”). Defendants’ alleged rationale for exemption from Section 10(b) and corresponding non-disclosure is that such document is an “[a]dministrative email[ ] sent to the entire Commission (e.g., . . . distributing meeting agendas . . . ),” and as such was “not used or prepared for the Commission’s substantive work of providing collective advice
the just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. 4 Informing an assessment of jurisdiction was one reason for the index. Another was to ensure that Defendants adequately complied with document disclosure obligations before future meetings of the Commission. It is indisputable that this latter rationale is now moot.
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to the President.” 3d Decl. of Andrew J. Kossack, ECF No. 33-1, at 8 (articulating rationale (b) among list of rationales applicable to other documents).
But it is not clear on the face of Section 10(b) that an email sent by a staff member to the entire Commission containing an “agenda . . . which [was] made available to or prepared for . . . [an] advisory committee” can be appropriately withheld. 5 U.S.C. app. 2 § 10(b). After all, the email delivering the agenda could be construed as one of the “other documents which were made available to or prepared for . . . [an] advisory committee.” Id. The Court previously indicated its “preliminary view” that its assessments under Section 10(b) may require an inquiry into the intention with which Commission documents were created. Order, ECF No. 28, at 2. Mr. Kossack’s email to the Commission, containing an agenda, would seem to be consistent with the Court’s comment that “correspondence may be subject to disclosure if it includes materials intended for the committee.” Id. (citing Ctr. for Biological Diversity v. Tidwell, 239 F. Supp. 3d 213 (D.D.C. 2017) (Kollar-Kotelly, J.)). Perhaps Defendants disagree with this general principle and/or with this example of a specific application. Either way, this issue has not been squarely briefed on the merits.
Accordingly, in an exercise of this Court’s discretion to efficiently handle this case, the Court DENIES WITHOUT PREJUDICE Plaintiff’s [35] Motion to Compel Compliance with the Court’s August 30, 2017 Order and for Additional Appropriate Relief, and DENIES WITHOUT PREJUDICE Plaintiff’s [41] Supplemental Request for Relief in Conjunction with Plaintiff’s Motion to Compel Compliance with the Court’s August 30, 2017 Order. Notwithstanding the foregoing analysis, the parties may again raise the issue of an amplified Vaughn-type index as needed in the course of the Court’s resolution of the merits.
Defendants shall file a Motion to Dismiss by JULY 30, 2018. If Defendants want to assert
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Case 1:17-cv-01354-CKK Document 43 Filed 06/28/18 Page 6 of 6

mootness, then they shall address the cases furnished by Plaintiff and referenced above. See Pl.’s

Resp. to Exec. Order at 1. In addition to addressing Plaintiff’s FACA § 10(b) claim, the scope of

any such mootness argument shall encompass any other claims in Plaintiff’s [1] Complaint that

Defendants may argue have been mooted by the Commission’s termination.

If Defendants want to maintain that every document they have withheld has been

appropriately withheld under FACA § 10(b), and accordingly that the Court lacks subject-matter

jurisdiction over a claim in the nature of mandamus, then their Motion to Dismiss shall provide

authority for their view and address, as needed, Plaintiff’s objections in prior briefing to the

Vaughn-type index.

Plaintiff shall respond to the Motion to Dismiss by AUGUST 13, 2018. Defendants’ reply,

if any, shall be due by AUGUST 20, 2018.

SO ORDERED. Dated: June 28, 2018

/s/ COLLEEN KOLLAR-KOTELLY United States District Judge

6

 
 Case 1:17-cv-01354-CKK Document 46 Filed 09/07/18 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW,
Plaintiff,
v.
PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY; et al.,
Defendants.

Civil Action No. 1:17-cv-1354 (CKK)

NOTICE OF VOLUNTARY DISMISSAL Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Lawyers’ Committee for Civil Rights Under Law, by and through counsel, hereby voluntarily dismiss, without prejudice, all claims made in their complaint against Defendants. In support of this motion, Plaintiff notes the following: 1. Dismissal without prejudice under Rule 41(a) is appropriate because Defendants have not filed an answer or motion for summary judgment. 2. Plaintiffs have achieved much of the relief sought in the Complaint, including:
a. On August 30, 2017, the Department of Justice formally apologized for the Commissions’ failure to release documents before its first meeting in accordance with FACA and for its lack of candor with the Court.

Case 1:17-cv-01354-CKK Document 46 Filed 09/07/18 Page 2 of 3
b. Most of the documents identified in Defendants’ September 29, 2017 Vaughn Index, ECF No. 33, have been released to the public by former Commissioner Matthew Dunlap. https://www.americanoversight.org/document/pacei-records-released-to-maine-secretary-ofstate-dunlap
c. The documents released demonstrate disturbing plans of the Commission to lay the groundwork for voter suppression efforts, based on fraudulent claims of voter fraud.
d. On January 3, 2018, fearful that the true aims and work of the Commission would become known to the public due to the instant lawsuit and the parallel Dunlap lawsuit, the President choice to disband the Commission.
3. In July 2018, counsel for Defendants asked Plaintiff whether it would consent to indefinitely staying this lawsuit pending developments in the separate lawsuit filed by former commissioner Matthew Dunlap. Plaintiffs responded that it would consent to a 30-day extension of Defendants’ motion to dismiss, during which time Plaintiff would evaluate the developments in the Dunlap lawsuit to decide whether to proceed with this suit.
4. Defendants never followed up with Plaintiff, but instead proceeded to follow its motion to dismiss on August 29, 2018. Had Defendants inquired with Plaintiff, Plaintiff would have notified Defendants of its intent to dismiss this lawsuit given the intervening developments in the Dunlap suit.
5. While Plaintiff continues to believe that the Vaughn-type index provided by Defendants was deficient and missing pertinent records, given the ongoing Dunlap litigation and materials have been produced date, Plaintiff has decided to dismiss this suit in the interest of judicial economy.
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Case 1:17-cv-01354-CKK Document 46 Filed 09/07/18 Page 3 of 3

For the foregoing reasons, this matter should be dismissed without prejudice.

Dated: September 7, 2018

Respectfully submitted,

Kristen Clarke (D.C. Bar # 973885) Jon Greenbaum (D.C. Bar # 489887) Ezra D. Rosenberg (D.C. Bar # 360927) Marcia Johnson-Blanco (D.C. Bar # 495211) LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Ave., NW Washington, DC 20005 Telephone: +1 202.662.8600 Facsimile: +1 202.783.0857 erosenberg@lawyerscommittee.org

/s/ John A. Freedman John A. Freedman (D.C. Bar No. # 453075) Robert N. Weiner (D.C. Bar # 298133) David J. Weiner (D.C. Bar # 499806) R. Stanton Jones (D.C. Bar # 987088) Daniel F. Jacobson(D.C. Bar # 1016621) ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, DC 20001 Telephone: +1 202.942.5000 Facsimile: +1 202.942.5999 John.Freedman@apks.com
Kathryn W. Hutchinson ARNOLD & PORTER KAYE SCHOLER LLP 44th Floor 777 South Figueroa Street Los Angeles, CA 90017-5844 Telephone: +1 213.243.4000 Facsimile: +1 213.243.4199
Counsel for Plaintiff Lawyers’ Committee for Civil Rights Under Law

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Case 1:17-cv-01354-CKK Document 46-1 Filed 09/07/18 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW,
Plaintiff,
v.
PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY; et al.,
Defendants.

Civil Action No. 1:17-cv-1354 (CKK)

[PROPOSED] ORDER In light of the Notice of Voluntary Dismissal, this action is hereby dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). . Dated: