U.S. Election Assistance Commission 

633 3rd Street NW, Suite 200 Washington, DC 20001 

U.S. Election Assistance Commission 

Freedom of Information Act Annual Report 

Fiscal Year 2022 

Section I: Basic Information Regarding Report 

1. Interested parties with questions regarding this report may contact: 

 Camden Kelliher, Associate Counsel 

633 3rd Street NW, Suite 200 Washington, DC 20001 (202) 360-3160 ckelliher@eac.gov 

2. The report is available via the following link: Election Assistance Commission Website - FOIA Reading Ro3. A copy of the Report in paper form can be obtained by contacting the EAC via phone, email, or mail. Conta

EAC is found at https://www.eac.gov/contactuseac 

Section II: Making a FOIA Request 

1. Please direct FOIA requests to the following: 

 Camden Kelliher, Associate Counsel 

633 3rd Street NW, Suite 200 Washington, DC 20001 (202) 360-3160 ckelliher@eac.gov 

2. Please see below for a brief description of why some requests are not granted and an overview of certain 

the agency's records to which the FOIA exemptions apply: 
 Under the Freedom of Information Act, interested parties may request access to records held by t

Assistance Commission. An important part of the EAC response process is ensuring that certain pis not improperly disclosed when records are provided. Such information is withheld if disclosure interest protected by one of the nine exemptions provided by FOIA. EAC records that are withhetypically protected by Exemptions 3, 4, 5, and 6, which encompass privacy concerns, predecisionprocesses, and trade secrets. From a policy perspective, these exemptions are important to the miencourage open internal discussions on matters of policy to protect against premature disclosure before formal adoption, and to protect against public confusion that might result from disclosure 

rationales that were not ultimately grounds for an agency’s action. 

3. Below please find a link to agency FOIA regulations, including the agency's fee schedule. (NOTE: Agenc

were formerly listed at Section XI of the human-readable version of the Report). FOIA Reading Room | U.S. Election Assistance Commission (eac.gov) 

Section III: Acronyms, Definitions, and Exemptions 

Component Abbreviation Component Name 

EAC U.S. Election Assistance Commission 

a. Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a F

made by the agency at the initial request level. 

b. Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbe

example, of 3, 7, and 14, the average number is 8. 

c. Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fis

beyond the statutory time period for a response. 
d. Component – for agencies that process requests on a decentralized basis, a "component" is an entity, also som

an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIagencies include in their Annual FOIA Report data for both the agency overall and for each principal compon

e. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to ano

component within the same agency for its review because that other agency has an interest in the document. Oreceipt of the consultation finishes its review of the record, it responds back to the agency or component withthat forwarded it. That agency, in turn, will then respond to the FOIA requester. 

f. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies 

information under subsection (b)(3) of the FOIA. 

g. FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning an

"thirdparty" request), or concerning an organization, or a particular topic of interest. FOIA requests also inclurequesters seeking records concerning themselves (i.e., "first-party" requests) when those requesters are not sAct, such as non U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of bprovisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requestdetermines that it must search beyond its Privacy Act "systems of records" or where a Privacy Act exemption agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize t

responding to the requester are included in this Report. Additionally, a FOIA request includes records referreprocessing and direct response to the requester. It does not, however, include records for which the agency haconsultation from another agency. (Consultations are reported separately in Section XII of this Report.) 

h. Full Grant – an agency decision to disclose all records in full in response to a FOIA request. i. Full Denial – an agency decision not to release any records in response to a FOIA request because the records 

entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no rec

j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. 
k. Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in 

and more voluminous and complex requests are placed in one or more other tracks. Requests granted expeditplaced in yet another track. Requests in each track are processed on a first in/first out basis. 

i. Expedited Processing – an agency will process a FOIA request on an expedited basis when a requ

requirements for expedited processing as set forth in the statute and in agency regulations. 

ii. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest 

based on the low volume and/or simplicity of the records requested. 

iii. Complex Request – a FOIA request that an agency using multi-track processing places in a slower 

high volume and/or complexity of the records requested. 

l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of th

withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for 

m. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an age

final action in all respects. 

n. Perfected Request – a request for records which reasonably describes such records and is made in accorda

rules stating the time, place, fees (if any) and procedures to be followed. 

o. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an 

action in all respects. 

p. Range in Number of Days – the lowest and highest number of days to process requests or administrative aq. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty 

receipt of a perfected FOIA request). 
Descriptions of the nine FOIA exemptions: 

a. Exemption 1: classified national defense and foreign relations information b. Exemption 2: information that is related solely to the internal personnel rules and practices of an agency c. Exemption 3: information that is prohibited from disclosure by another federal law d. Exemption 4: trade secrets and other confidential business information e. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges f. Exemption 6: information involving matters of personal privacy g. Exemption 7: records or information compiled for law enforcement purposes, to the extent that the produc

(A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person 

or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of pecould reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniqulaw enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investiprosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual 

h. Exemption 8: information relating to the supervision of financial institutions i. Exemption 9: geological information on wells 
IV. Exemption 3 Statutes

Statute

Type of

Information

Withheld

Case Citation Agency / Component

Number of

Times

Relied

upon

by Agency /

Component

Total

Number

of

Times

Relied

upon

by

Agency

Overall

N/A N/A N/A EAC 0 0

V.A. FOIA REQUESTS ‐‐ RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of

Requests

Pending as of

Start

of Fiscal Year

Number of

Requests

Received

in Fiscal Year

Number of

Requests

Processed

in Fiscal Year

Number of

Requests

Pending as of

End

of Fiscal Year

EAC 88 195 72 211

AGENCY OVERALL 88 195 72 211

V.B.(1). DISPOSITION OF FOIA REQUESTS ‐‐ ALL PROCESSED REQUESTS

Agency /

Component

Number

of Full

Grants

Number

of

Partial

Grants /

Number of

Full Denials

Based on

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No

Records

All Records

Referred to

Another

Request

Withdrawn

Fee‐

Related

Reason

Records

not

Improper

FOIA

Request

Not

Agency

Record

Duplicate

Request Other *Explai
Partial

Denials

Component

or Agency

Reasonably

Described

for Other

Reason

in Char

Below

EAC 13 17 1 33 0 8 0 0 0 0 0 

AGENCY

OVERALL 13 17 1 33 0 8 0 0 0 0 0 

V.B.(2). DISPOSITION OF FOIA REQUESTS ‐‐ "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN E

Agency /

Component

Description of "Other" Reasons for Denials from

Chart B(1)

Number

of Times

"Other"

Reason

Was

Relied

Upon

TOTAL

EAC N/A 0 0

AGENCY

OVERALL 0

V.B.(3). DISPOSITION OF FOIA REQUESTS ‐‐ NUMBER OF TIMES EXEMPTIONS APPLIED

Agency /

Component

Ex.

1

Ex.

2

Ex.

3

Ex.

4

Ex.

5

Ex.

6

Ex.

7(A)

Ex.

7(B)

Ex.

7(C)

Ex.

7(D)

Ex.

7(E)

Ex.

7(F)

Ex.

8

Ex.

9
EAC 0 0 0 3 3 15 0 0 0 0 0 0 0 0

AGENCY

OVERALL 0 0 0 3 3 15 0 0 0 0 0 0 0 0

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS ‐‐ RECEIVED, PROCESSED, AND PENDAPPEALS

Agency /

Component

Number of

Appeals

Pending as of

Start

of Fiscal Year

Number of

Appeals

Received

in Fiscal Year

Number of

Appeals

Processed

in Fiscal Year

Number of

Appeals

Pending as of

End

of Fiscal Year

EAC 0 2 2 0

AGENCY

OVERALL 0 2 2 0

VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS ‐‐ ALL PROCESSED APPEALS

Agency /

Component

Number

Affirmed on

Appeal

Number Partially

Affirmed & Partially

Reversed/Remanded

on Appeal

Number Completely

Reversed/Remanded

on Appeal

Number of

Appeals

Closed for

Other

Reasons

TOTAL
EAC 1 1 0 0 2

AGENCY

OVERALL 1 1 0 0 2

VI.C.(1). REASONS FOR DENIAL ON APPEAL ‐‐ NUMBER OF TIMES EXEMPTIONS APPLIED

Agency /

Component

Ex.

1

Ex.

2

Ex.

3

Ex.

4

Ex.

5

Ex.

6

Ex.

7(A)

Ex.

7(B)

Ex.

7(C)

Ex.

7(D)

Ex.

7(E)

Ex.

7(F)

Ex.

8

Ex.

9

EAC 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0

VI.C.(2). REASONS FOR DENIAL ON APPEAL ‐‐ REASONS OTHER THAN EXEMPTIONS

Agency /

Component

No

Records

Records

Referred

at Initial

Request

Level

Request

Withdrawn

Fee‐

Related

Reason

Records

not

Reasonably

Described

Improper

Request

for Other

Reasons

Not

Agency

Record

Duplicate

Request

or

Appeal

Request

in

Litigation
EAC 0 0 0 0 0 0 0 0 0 

AGENCY

OVERALL 0 0 0 0 0 0 0 0 0 

VI.C.(3). REASONS FOR DENIAL ON APPEAL ‐‐ "OTHER" REASONS

Agency /

Component

Description of "Other" Reasons for Denial on

Appeal from Chart C(2)

Number of

Times

"Other"

Reason

Was Relied

Upon

TOTAL

EAC N/A 0 0

AGENCY

OVERALL 0

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency /

Component

Median Number

of Days

Average

Number of Days

Lowest Number

of Days

Highest Number

of Days

EAC 0 0 N/A N/A
AGENCY

OVERALL 0 0 N/A N/A

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency /

Component

10th

Oldest

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal

Date of

Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

EAC

Number

of Days

Pending 0 0 0 0 0 0 0 0 0 0

AGENCY

Date of

Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

OVERALL Number

of Days

Pending 0 0 0 0 0 0 0 0 0 0

VII.A. FOIA REQUESTS ‐‐ RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

SIMPLE COMPLEX EXPEDITED 
Agency /

Component

Median

Number

of Days

Average

Number

of Days

Lowest

Number

of Days

Highest

Number

of Days

Median

Number

of Days

Average

Number

of Days

Lowest

Number

of Days

Highest

Number

of Days

Median

Number

of Days

Average

Number

of Days

EAC 10 92 1 693 365 319 3 654 36 175 

AGENCY

OVERALL 10 92 1 693 365 319 3 654 36 175 

VII.B. PROCESSED REQUESTS ‐‐ RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED

Agency /

Component

SIMPLE COMPLEX EXPEDITED 

Median

Number

of Days

Average

Number

of Days

Lowest

Number

of Days

Highest

Number

of Days

Median

Number

of Days

Average

Number

of Days

Lowest

Number

of Days

Highest

Number

of Days

Median

Number

of Days

Average

Number

of Days

EAC 45 203 4 693 501 391 18 654 175 218 

AGENCY

OVERALL 45 203 4 693 501 391 18 654 175 218 

VII.C. PROCESSED SIMPLE REQUESTS ‐‐ RESPONSE TIME IN DAY INCREMENTS
Agency /

Component

<1‐

20

Days

21‐

40

Days

41‐

60

Days

61‐

80

Days

81‐

100

Days

101‐

120

Days

121‐

140

Days

141‐

160

Days

161‐

180

Days

181‐

200

Days

201‐

300

Days

301‐

400

Days

401+

Days TOTAL

EAC 40 3 3 2 1 1 0 0 0 0 1 3 5 59

AGENCY

OVERALL 40 3 3 2 1 1 0 0 0 0 1 3 5 59

VII.C. PROCESSED COMPLEX REQUESTS ‐‐ RESPONSE TIME IN DAY INCREMENTS

Agency /

Component

<1‐

20

Days

21‐

40

Days

41‐

60

Days

61‐

80

Days

81‐

100

Days

101‐

120

Days

121‐

140

Days

141‐

160

Days

161‐

180

Days

181‐

200

Days

201‐

300

Days

301‐

400

Days

401+

Days TOTAL

EAC 2 1 0 0 0 0 0 0 0 0 1 0 4 8

AGENCY

OVERALL 2 1 0 0 0 0 0 0 0 0 1 0 4 8

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING ‐‐ RESPONSE TIME IN DAY INCREMENTS

Agency /

Component

<1‐

20

Days

21‐

40

Days

41‐

60

Days

61‐

80

Days

81‐

100

Days

101‐

120

Days

121‐

140

Days

141‐

160

Days

161‐

180

Days

181‐

200

Days

201‐

300

Days

301‐

400

Days

401+

Days TOTAL
EAC 2 1 0 0 0 0 0 0 0 0 0 1 1 5

AGENCY

OVERALL 2 1 0 0 0 0 0 0 0 0 0 1 1 5

VII.D. PENDING REQUESTS ‐‐ ALL PENDING PERFECTED REQUESTS

Agency /

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number

Pending

Median

Number

of Days

Average

Number

of Days

Number

Pending

Median

Number

of Days

Average

Number

of Days

Number

Pending

Median

Number

of Days

Average

Number

of Days

EAC 188 59 170 17 318 371 5 501 498

AGENCY

OVERALL 188 59 170 17 318 371 5 501 498

VII.E. PENDING REQUESTS ‐‐ TEN OLDEST PENDING PERFECTED REQUESTS

Agency /

Component

10th

Oldest

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request

EAC

Date of

Receipt

2020‐08‐13

2020‐

08‐05

2020‐

08‐05

2020‐

07‐29

2020‐07‐04

2020‐06‐08

2020‐05‐25

2020‐05‐27

2020‐05‐23

2019‐01‐31
Number

of Days

Pending 534 540 540 545 562 581 588 589 590 922

AGENCY

Date of

Receipt

2020‐08‐13

2020‐08‐05

2020‐08‐05

2020‐07‐29

2020‐07‐04

2020‐06‐08

2020‐

05‐25

2020‐05‐27

2020‐05‐23

2019‐01‐31

OVERALL Number

of Days

Pending 534 540 540 545 562 581 588 589 590 922

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency /

Component

NumberGranted

Number

Denied

Median

Number of

Days to

Adjudicate

Average

Number of

Days to

Adjudicate

Number

Adjudicated

Within Ten

Calendar

Days

EAC 2 84 9 8 85

AGENCY

OVERALL 2 84 9 8 85

VIII.B. Requests for Fee Waiver
Agency /

Component

NumberGranted Number Denied

Median Number

of Days to

Adjudicate

Average

Number of Days

to Adjudicate

EAC 17 81 8 8

AGENCY

OVERALL 17 81 8 8

IX. FOIA Personnel and Costs

Agency /

Component

PERSONNEL COSTS

Number of

"Full‐Time

FOIA

Employees"

Number of

"Equivalent

Full‐Time

FOIA

Employees"

Total

Number of

"Full‐Time

FOIA

Staff"

Processing

Costs

Litigation‐

Related

Costs

Total Costs

EAC 1 0.00 1.00 39200.00 3675.00 42875.00

AGENCY

OVERALL 1 0.00 1.00 39200.00 3675.00 42875.00
X. Fees Collected for Processing Requests

Agency /

Component

Total Amount

of Fees

Collected

Percentage of

Total Costs

EAC 0.00

AGENCY

OVERALL 0.00

XI.A. Number of Times Subsection (C) Used

Agency /

Component Number of Times Subsection Used

EAC 0

AGENCY OVERALL 0

XI.B. Number of Subsection (A)(2) Postings
Number of Number of

Agency /

Component

Records Posted

by the FOIA

Office

Records Posted

by Program

Offices

EAC 6 35

AGENCY

OVERALL 6 35

XII.A. Backlogs of FOIA Requests and Administrative Appeals

Agency /

Component

Number of

Backlogged

Requests as of

End of Fiscal

Year

Number of

Backlogged

Appeals as of

End of Fiscal

Year

EAC 2 0

AGENCY

OVERALL 2 0

XII.B. CONSULTATIONS ON FOIA REQUESTS ‐‐ RECEIVED, PROCESSED, AND PENDING CONSULTATIONS
Agency /

Component

Number of

Consultations

Received from

Other Agencies

that were

Pending at the

Agency as of

Start

of the Fiscal

Year

Number of

Consultations

Received from

Other Agencies

During the Fiscal

Year

Number of

Consultations

Received from

Other Agencies

that were

Processed by

the Agency

During the Fiscal

Year

Number of

Consultations

Received from

Other Agencies

that were

Pending at the

Agency as of

End

of the Fiscal

Year

EAC 0 0 0 0

AGENCY

OVERALL 0 0 0 0

XII.C. CONSULTATIONS ON FOIA REQUESTS ‐‐ TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PEN

Agency /

Component

10th Oldest

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

EAC

Number

of Days 0 0 0 0 0 0 0 0 0 0

AGENCY

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

OVERALL Number

of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT ‐‐ REQUESTS REC

PROCESSED

Agency /

Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number

Received During

Fiscal Year from

Last Year's

Annual Report

Number

Received During

Fiscal Year from

Current Annual

Report

Number

Processed

During Fiscal

Year from Last

Year's Annual

Report

Number

Processed

During Fiscal

Year from

Current Annual

Report

EAC 92 195 45 72

AGENCY

OVERALL 92 195 45 72

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT ‐‐ BACKLOGGED 

Agency /

Component

Number of

Backlogged

Requests as of

End of the Fiscal

Year from

Previous Annual

Report

Number of

Backlogged

Requests as of

End of the Fiscal

Year from Current

Annual Report
EAC 3 2

AGENCY

OVERALL 3 2

XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT 

AND PROCESSED

Agency /

Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number

Received During

Fiscal Year from

Last Year's

Annual Report

Number

Received During

Fiscal Year from

Current Annual

Report

Number

Processed

During Fiscal

Year from Last

Year's Annual

Report

Number

Processed

During Fiscal

Year from

Current Annual

Report

EAC 4 2 0 2

AGENCY

OVERALL 4 2 0 2

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT APPEALS
Agency /

Component

Number of

Backlogged

Appeals as of End

of the Fiscal Year

from Previous

Annual Report

Number of

Backlogged

Appeals as of End

of the Fiscal Year

from Current

Annual Report

EAC 0 0

AGENCYOVERALL 0 0