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johnrlott@crimeresearch.org [johnrlott@crimeresearch.org]
8/30/2017 10:25:40 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: Question on timing

Flag:

Follow up

Thanks, Andrew. Are you all taking care of travel or am I? Thanks.
John R Lott, Jr.
President
Crime Prevention Research Center
(484)802-5373
johnrlott@crimeresearch.org
>http://crime< research.org
Sent from my iPhone
On Aug 30, 2017, at 5:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Got it. Sorry about that. Here are directions to the NH Institute of Politics at St. AnseIm:
>http://www.anselm.edu/Academics/Institutes-Centers-and-the-Arts/NH-Institute-ofPolitics/About/Directions.htm<. Hope you can make it work — sounds like another nice opportunity.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: John Lott [mailto:johnrlott@crimeresearch.ord
Sent: Wednesday, August 30, 2017 5:29 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Question on timing

Thanks, Andrew. Ijust realized that your hearing is in New Hampshire. When you said the
Institute of Politics, Ijust assumed that it was someplace in DC that I didn't know about. OK,let
me see what I can do about setting up something remotely with them. For some reason I don't
think that will be an option. They wanted me to talk about the reciprocity bill that will
considered in September.
John R. Lott, Jr., Ph.D.
President
Crime Prevention Research Center
>>http://crimeresearch.org<<
johnrlottAcrimeresearch.org
(484)802-5373

<image001 jpg>

17-2361-A-005992

 On Wednesday, August30, 2017, at Wednesday, August 30, 5:19 PM,Kossack,
Andrew J. EOP/OVP <Andrew.J.KossackRovp.eop.gov> wrote:
Hi John,
Sounds like you're in high demand! You're on the first panel, and we would certainly
anticipate you being done by noon. The meeting will come to order at 10:00 a.m., so the
panel will likely start around 10:30 or so following some introductory remarks. It should
be done within 90 minutes and finish by noon. Is the House R meeting something you
could join remotely?
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack©ovp.eop.gov
From: John Lott [mailto:johnrlott@crimeresearch.ord
Sent: Wednesday, August 30, 2017 4:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Question on timing

Dear Andrew:
I wasjust asked to give a talk to the Republican Caucus in the House on
September 12th at 12:30 PM. Before you thought that the panel might start at 10
AM. Are we talking about 2 hours or less from 10 AM to noon?
Thanks.
John
John R. Lott, Jr., Ph.D.
President
Crime Prevention Research Center
>>>http://crimeresearch.org<<<
johnrlottacrimeresearch.org,
(484)802-5373

<image001.jpg>

17-2361-A-005993

 University of
New Hampshire

Turnout and Voter Trust
Andrew E. Smith, Ph.D
Presentation to the
Presidential Advisory Commission on Election Integrity
Goffstown, NH
September 12, 2017
P1014 University of ew Hampshire. All rights reserved.

17-2361-A-005994

 Why Vote?
• Rational to vote only if expected benefits of voting are greater than cost
(Downs, Tullock, Riker & Ordeshook)

PB+D>C
P = Probability that individual vote will affect the outcome
B = Expected benefit of voting
D = Psychological benefit citizen receives from voting
C = Cost of voting (time, expense, opportunity costs)

• Low turnout due to either high costs, low expected benefits, or both

Qi

University of
New Hampshire

17-2361-A-005995

 Multiple Factors Correlated with Turnout
• Demographics
— Age
— Education
— Income
• Barriers
• Civic Education
— Confidence in elections
• Campaign factors
Competition
Interest in race
Economy
War
• No Single cause of increase or decrease in turnout
University of
New Hampshire

17-2361-A-005996

 Turnout: US Presidential Elections (VAP)
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1952

1956

1960

1964

1968

1972

1976

1980

US Turnout

1984

1988

1992

1996

2000

2

NH Turnout
University of
New Hampshire

. f State

17-2361-A-005997

 80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1980

1984

1988
DC Turnout

1992

1996

MN Turnout

2000
—SD Turnout

2004

2008

2012

OR Turnouot
University of
New Hampshire

McDonald, US Elections Project

17-2361-A-005998

 Why Differences?
• Varies by state
— Some consistently high — Minnesota
— Some consistently low - Hawaii
— Some change over time

• Different reasons for changes in each state

QH

University of
New Hampshire

17-2361-A-005999

 Why Turnout Decline after 1960s?
• 26th Amendment?
— Turnout dropped for 20 years as Baby Boom was "digested"

• But is that what happened?

University of
New Hampshire

17-2361-A-006000

 Turnout: US Presidential Elections (VAP)
70%
65%
60%
55%
50%
45%
40%
1952

1956

1960

1964

1968

1972

1976

1980

1984

1988

1992

1996

2000

2004

2008

2012

US Turnout
University of
New Hampshire

NH Sec. of State

17-2361-A-006001

 US Turnout 1964-2012 by Age (VAP)
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1964

1968

1972

1976

1980

18 to 24

1984

1988

25 to 44

1992

1996

45 to 64

2000

2004

2008

65+
University of
New Hampshire

a --

i& —a
•

17-2361-A-006002

 Trust in Elections Essential
• For accepting results
• Trust/support of winning candidate & policies
"Finally, Indiana's interest in protecting public confidence in
elections, while closely related to its interest in preventing voter
fraud, has independent significance, because such confidence
encourages citizen participation in the democratic process."
Justice Stevens, Crawford v. Mario County Election Board
IZH

rsity of
.
New
" -Hampshire

17-2361-A-006003

 Perceived Threats to Electoral Trust
• Lack of Constitutional understanding
— State variations in electoral procedures
— Misunderstanding of Electoral College

• Inaccurate counting
— Computer hacking
— Paper trail

• Illegal voting
— Non-residents
— Non citizens
— Multiple votes
University of
New Hampshire

17-2361-A-006004

 Trust in NH elections:
Confidence vote in previous election was accurately counted
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

2016

2003
Confident
Source: Granite State Poll
UNH Survey Center

Not Confident

T. Don't Know/Not Sure
University of
New Hampshire

17-2361-A-006005

 Less confidence in Electronic Voting than Paper Ballots:
Increasing over recent years
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
2003

Paper Ballot
Source: Granite State Poll
UNH Survey Center

2016

Touch Screen

Don't Know/Not Sure
le •
University of
New Hampshire

17-2361-A-006006

 Summary
• Many factors influence turnout. Very difficult to determine a
specific cause for changes in turnout
• Citizens need to have confidence in elections:
— Tradeoffs between stricter voting laws to increase trust and barriers
that may discourage voting

University of
New Hampshire

17-2361-A-006007

 ThankYOu!
Andrew.Smith@unh.edu



 



 

 

17-2361 -A-00601 

 

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17-2361-A-006015





 







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UNH Polls have historically been the most accurate in NH.
Going into the election, we saw no reason to believe that the methods we used would not perform well in this election.

17-2361-A-006018

  

17-2361 -A-00601 9




 







 

17-2361 -A-006021

 



 

Message
From:
Sent:
To:
CC:
Subject:

Andrew Appel [appel@CS.Princeton.EDU]
9/4/2017 8:39:17 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Anthony Stevens [anthony.stevens@sos.nh.gov]
My written testimony

Dear Mr. Kossack:
You can find a written summary of my testimony, for the public record, at this URL:
>http://www.cs.princeton.edu/—appel/voting/PCIE-Appel-testimony-2017.pdf<
Please do send me the agenda, with list and schedule of panels and speakers, as soon as possible.
Sincerely,
Andrew Appel

From:"Andrew J. EOP Kossack" <Andrew.J.Kossack@ovp.eop.gov>
To: "appel@cs.princeton.edu" <appel@CS.Princeton.EDU>
Sent: Wednesday, August 23, 2017 8:15:57 AM
Subject: connection from Sec. Bill Gardner
Dr. Appel,
My name is Andrew Kossack, and I am contacting you regarding the Presidential Advisory
Commission on Election Integrity. Secretary Gardner mentioned that he has spoken with you
about appearing at an upcoming commission meeting and shared your contact information. I
am hoping to connect with you soon to introduce myself and discuss the meeting with you.
Are you available sometime in the next day or so for a brief call?
Looking forward to connecting with you soon. Thanks for your interest in participating.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006024

 Hello again. Thank you for having me here to give you a brief
report on the Presidential Advisory Commission on Election
Integrity.
As you probably know, there has been just one organizational
meeting of the Commission and we have not started our
substantive work. I was just notified by the Vice President's office
that out next meeting will be on September 12th in New
Hampshire. We have not received all the logistics or the agenda
for that meeting yet.
So, Fd like make just 3 broad points for today.
First, about the mission of the Presidential Advisory Commission
on Election Integrity
The Executive Order creating the commission states that the
mission of the commission is to study the registration and voting
processes used in federal elections and to submit a report that
identifies what increases the American people's confidence in the
integrity of the voting processes used in Federal elections and
also to look at what undermines that confidence.
It also tasks the commission with identifying the vulnerabilities in
voting systems and practices used for Federal elections that
COULD — not necessarily DOES — lead to improper voter
registrations and improper voting, including fraudulent voter
registrations and fraudulent voting.
The commission does NOT have a secret plan or some malicious
or pernicious purpose. If it does, I have not been included in that
plan.
It does NOT seek to suppress voting or to harm any group of
people.
[PAGE 1
17-2361-A-006025

 It is not looking to purge any eligible voter off the rolls.
The Commission cannot suppress anyone's vote. State and local
election officials control the registration and voting process and
the fact of this Commission does not and will not change that. Our
Constitution grants authority to run our elections to our states, and
I fully support that.
The Commission is NOT compiling a national voter registration

The commission is not going to make public any voters' private
information - in fact, I doubt the commission members themselves
will see any personally identifiable information.
The job of the commission is to systematically look at the
registration and voting process used in federal elections and to
identify wInerabilities that have an impact on voter confidence.
n %fp look at a number of databases and will
determine if any of them are helpful to election administrators in
the maintenance of registration lists.
The Electronic Registration and Information Compact, or ERIC,
which was originated by the Pew Charitable Trusts, and which I
do support, already uses a database process — using motor
vehicle info, social security death lists, the NCOA, and several
others. The Commission wants to look at those as well as other
databases to welat is and is not helpful to the maintenance effort.
We expect to have several meetings around the country and at
those meetings will take testimony from experts in the field.
As I mentioned, we have held just one meeting so far to introduce
ourselves and to discuss the possible scope of the Commission's
report. We have not looked at any data and we have not made
[PAGE
17-2361-A-006026

 any decisions. The data that has been sent in is being housed in
a secure place in the Office of the Vice President. I am assured
that it is being kept very secure and again, will not be released
publicly.
At our initial meeting, I stated that have worked directly with
state and local election officials from every state and territory and
that I see my role on the commission as representing a wide
range of election officials.
I also stated at the meeting that we need to ensure that persons
who are eligible to vote are not disenfranchised, that all who are
eligible to vote must be able to register and vote, and that voters
have confidence that our system is producing accurate, secure,
and expeditious results.
The Commission's work will not simple -- but it is simply, to write
a report that recommends and suggests ways to increase the
integrity of our voter registration system and voter confidence.
What is done with the report is up to lawmakers, state election
officials, and you. As with previous presidential commissions that
examine election issues, some recommendations will be accepted
and some will not. Tie Commission cannot force its will on those
who make the decisions.
Second point, as academics and many others have suggested, it
is important to have transparency and accountability in the entire
election process.
Some academics and voting advocacy groups — and others focus on post-election audits of the ballots and machines — how
many votes were cast, how many were counted and whether any
were challenged or cancelled, and to check the accuracy of the
machine count.
[PAGE 1
17-2361-A-006027

 Auditing the voter registration system is also part of transparency
and accountability in elections and I believe auditing the system
serves the good purpose of increasing voter confidence in the
entire voting process.
Wearing my other hat as a Commissioner on the Election
Assistance Commission, as I discussed on Wednesday, we
collect the most comprehensive statistics on elections in the
country with the EAVS. The recent EAVS shows, as previous
surveys have also shown, that we have some issues with voter
registration rolls.
The survey showed that many voting jurisdictions have rolls that
exceed 100% of the voting age population.
Of course, having more registered voters than the population is
not in itself evidence of widespread fraud, and I am not
suggesting it is. In some jurisdictions, the large number includes
both active and inactive voters. Most Americans do not
comprehend what that means and it does sound problematic to
many.
I agree that there is not a lot of evidence of fraud. But there is
some. Some compare the small percentage of fraud in elections
to business and say that it is an acceptable risk. But elections is
not a business. We need to be perfect. We are expected to be
perfect. Let me illustrate this by asking you a question. When do
you treat a small amount of cancer? Should we wait until it
becomes a bigger problem?
We know for certain that inaccurate rolls can create problems.

[PAGE 1

17-2361-A-006028

 It causes lines. It pushes more people to provisional voting. It
may create a poor voter experience. And, it breeds a lack of
confidence in the system overall.
We do have dead people still on the rolls.
We do have duplicate registrations — our population is mobile and
most voters do not inform their registrar that they are moving and
to cancel their registration.
We do have some non-citizens on the registration rolls — I do not
ascribe any nefarious intent to non-citizens. I suspect that when
they are asked by a government official at a DMV office if they'd
like to register to vote, they assume that they are allowed to do
so. I also understand that voter registration is not the main
mission of our departments of motor vehicles.
Recent studies show that voter confidence IS going down. e
Democracy Fund recently reported that even though most
Americans believe that the 2016 election was fairly determined,
almost half expressed concern about the integrity of our electoral
system. 45% of all voters, including 46% of Democrats and 47%
of Republicans believe that voter fraud takes place, including
people voting multiple times or voting without being registered.
Just last week, a Rassmusen survey found that a majority of
Likely U.S. Voters say voter fraud is at least a somewhat serious
problem in America today, with half of those saying it's a Very
Serious problem. That is down a little from similar surveys done in
the past, but shows we still have a problem. It may be a
perception problem, but it is still a problem.
Another Rassmusen poll also last week found that the vast
majority of this country favors voter ID laws — though that number
is also down slightly from past voter ID surveys. Surprisingly, the
[PAGE 1

17-2361-A-006029

 survey results showed that 80% of African Americans strongly
favor voter ID laws that is higher than whites and other minority
voters. And they support them, even though they're also the most
likely to say such laws can be discriminatory.
Another survey found that the vast majority of Americans also
believe that only eligible voters should be counted.
We need to understand the e ent of these issues and look for
solutions. Do we actually have problems — or do we have a
perception or education problem?
Another important question, which I posed at the first meeting of
the commission, is, who is being disenfranchised in this country
and why. While they are the most supportive of voter ID, 14% of
African Americans say that they have been illegally denied their
right to vote. We need to look at that, because if that is true, it is
unacceptable.
there are citizens who are eligible to vote and are not able to
register or to vote, we need to know so we can look for solutions
to fix that problem. No eligible voter should be disenfranchised.
Research sharply conflicts on whether we have a problem with
duplicate and/or non-citizen voting. We need to determine the
truth of the matter, whatever that is. While we would need to study
this further, I am concerned that IF there are illegitimate votes,
they may be more likely dilute the votes of our minority citizens
more, because those votes are most likely being cast in majorityminority districts.
If we do discover that illegitimate votes are being cast, we ought
to ask where those votes are being counted. I think that is an
important question.

[PAGE 1

17-2361-A-006030

 It does not help voter confidence that election administrators are
being sued constantly. These suits are coming from both the left
and the right — they are not only expensive, but they create
paralysis.
No matter what you do as an election administrator, someone will
take issue with it,
We need clarity on what is acceptable list maintenance, and what
is not. I have had numerous election officials across the country
ask for new guidance on list maintenance, because they don't
know how to proceed at this point given all the different decisions
of the courts. It's extremely hard to keep up with it all, Do we
really want the courts to make election policy?
Third point: security.
We need to make sure that our voter registration systems are
safeguarded from any tampering from foreign entities or other bad
actors. Obviously, this has been a major headline over the past
year.
Although these threats have NOT been successful to date, we
need to be sure that no intruder can add, delete, or alter voter
data — or take voters personal information for other purposes —
such as selling it on the dark web for identity theft purposes.
Scanning of databases of all types happens constantly, every
day, but tampering with our voter registration systems could, at
the least, slow down the voting check-in process and create
havoc at the polls.
As I mentioned in my EAVS repot/ the other day, more states are
employing online voter registration and the use of e-pollbooks is
up, which we have found reduces incorrect information in
[PAGE 1

17-2361-A-006031

 registrations and speeds the processes, but they also open the
system to cyber vulnerabilities.
Most election administrators have redundant systems as we all
know, the voter registrations systems are not connected to voting
machines, but still, even if voters believe that our system is
hackable, it erodes confidence in our system and our results.

The Democracy Fund survey showed that 39% of respondents,
including 47% of Democrats and 31% of Republicans believe an
electronic security breach or hack impacted the 2016 vote count.
It concerns me that we see so many stories — most of them false
— about how our system has been or can be hacked. I'm not
saying that it's impossible, but I am saying that the constant
stories are already affecting confidence in the integrity of our
system.
Our election administrators take very seriously their responsibility
to keep our voter systems secure.
AS we have also heard, since the accusations of Russian
hacking, there have been numerous meeting of elections officials
at all levels to discuss the issue and what it can do enhance our
election security even more.
We need to remain laser-focused on cybersecurity at all levels of
government, and especially in our election process. The
presidential commission — and as you have heard, the election
assistance commission — will both be looking at those issues.
Finally, we should all want every eligible voter to vote and all
legitimate votes to count fully and not be diluted by votes that are
not legitimate.
[PAGE 1

17-2361-A-006032

 I want our voter confidence to be high and turnout to be as high
as possible.
We need to start by asking the questions and determining the
problems and issues — not by sticking our head in the sand and
stating that we don't have a problem so we shouldn't be looking at
it. I am at the Commission table, because I want the truth.
Only if we ask the questions and determine the facts can we then
look for solutions to ensure a voting and election system that has
integrity and full voter confidence from registration to results.
Thank you again for having me.

[PAGE 1

17-2361-A-006033

 Message
From:
Sent:
To:
CC:
Subject:
Attachments:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/11/2017 9:13:32 PM
'Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
NASS invitation, revised agenda
revised Draft Agenda - First Meeting on 7.19.2017.docx; NASS invite letterdocx

Hi Kris,

Attached are a couple documents for your review. The agenda is slightly different than the last version
we sent. welcome your comments on this version.
Also attached is an invitation to NASS to speak at the meeting. We talked with Connie Lawson and she
suggested inviting one D and one R member to present, and said she'd work with Leslie to select the
members. I have this going out under my name (ED to ED), but let me know if you have another preference.
Please call anytime if you'd like to discuss or have any concerns.
Thanks,
Andrew
Andrew 3.
Associate

Kossack
Counsel
Office of the Vice President
Cell:
Email: And rew.3.Kossack@ovp.eop.gov

17-2361-A-006034

 [ EMBED Acrobat.Document.11 ]

Initial Meeting of the Presidential Advisory Commission on Election Integrity
July 19, 2017
11:00 a.m. ET

Agenda
1. Welcome Remarks & Statement of Plan for the Meeting — Chairman, Vice President Mike
Pence
2. Commissioners' Introductions — All Members(45 minutes total)
3. Short Break
4. Discussion — All Members, led by Vice Chairman, Secretary Kris Kobach
• The Mission, per Executive Order 13799
• Possible Topics for Commission to Address
o Cybersecurity
o Integrity of the Vote
o Voter Intimidation and Disenfranchisement
o Analysis of Election Crimes and Penalties
o Auditability of Election Results
• Policies and Procedures
• Future Meetings
5. Invited Presentation: National Association of Secretaries of State
6. Adjourn

17-2361-A-006035

 EMBED Acrobat.Document.11

Via Electronic Mail
July 1 1, 2017

Dear Ms. Reynolds:
I serve as the Executive Director for the Presidential Advisory Commission on Election Integrity.
It is my pleasure to invite the National Association of Secretaries of State(NASS)to appear at
the Commission's first meeting on Wednesday, July 19, 2017, in Washington, D.C. The meeting
begins at 11:00 a.m. Eastern and will be held in the Eisenhower Executive Office Building.
The President has charged this Commission with, among other things, studying the registration
and voting processes used in Federal elections and identifying strategies to increase the
American people's confidence in the integrity of our elections systems. Your members,including
those we are privileged to have as members on the Commission, will be key partners throughout
the life ofthe Commission. The Commission members would benefit from hearing the
perspectives of a Democratic and a Republican secretary from NASS at its initial meeting, and
we hope two of your members would be amenable to the opportunity.
If NASS accepts this invitation, please contact me at your convenience regarding next steps. We
hope to see you on July 101,and look forward to working with you in the months ahead.

Sincerely,

Andrew J. Kossack
Executive Director and Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006036

 From: Christy McCormick
To: Kossack, Andrew J. EOP/ Ovp <andrew.j.kossack@ovp eop gov>
Subject: NASS Resolutions
Date: Mon, Jul 24, 2017 8:14 pm
Attachments: nass-resolution-bipartisan-strengthening-elections-summer17.pdf(324K), attachment 1.pdf(299K)

Hi Andrew,
Congrats to all on winning the EPIC suit. That's great news.
I'm attaching a couple of resolutions that the National Secretaries of State(NASS)passed at their recent
meeting. NASS emailed them to me today,so I thought send them along in case you hadn't received copies of
them.
Best always,
Christy

17-2361-A-006037

 National Association
of Secretaries of State

National Association of Secretaries of State (NASS) Resolution
Reaffirming Commitment to Strengthening Elections

WHEREAS,chief election officials received a request for input and publicly available voter roll data from
the 2017 Presidential Commission on Election Integrity; and

WHEREAS,the United States Constitution recognizes the authority and autonomy of the states to regulate
the manner of administration of federal, state, and local elections; and

WHEREAS,the election infrastructure in the U.S. is highly decentralized and constitutionally under the
purview and control of the states and their local jurisdictions, including the maintenance of voter rolls; and

WHEREAS,states are responsible for preventing and detecting voter fraud and voter suppression, as well as
increasing voter participation; and

WHEREAS,states are responsible for protecting the integrity of their elections including the secrecy of the
ballot, security of their election infrastructures, and sensitive personal information included in the states'
voter rolls;

NOW THEREFORE BE IT RESOLVED THAT Secretaries of State do hereby reaffirm their commitment
to strengthening election cybersecurity and processes, and increasing voter participation.

Adopted the 10th day ofJuly 2017
in Indianapolis, Indiana
EXPIRES:Summer 2022

Hall of States. 444 N. Capitol Street, N.W., Suite 401, Washington, DC 20001
17-2361-A-006038
Phone(202)624-3525 I Fax(202)624.3527 I www.nass.org

 Thank you for having me. Holding conferences like this is a ton of
work and I want to thank Wendy Underhill and her elections team
at NCSL for putting this panel together and for all the great work
they do to ask questions, do research and educate, not just
legislators, but us all, on our elections.
I'd like to make 3 broad points today.
First, about the mission of the Presidential Commission.
The Executive Order creating the commission states that the
mission of the commission is to study the registration and voting
processes used in federal elections and to submit a report that
identifies what increases the American people's confidence in the
integrity of the voting processes used in Federal elections and
what undermines that confidence.
It also tasks the commission with identifying the 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.
The commission does not have a secret plan or some malicious
or pernicious purpose. If it does, I have not been included in that
plan.
It does not seek to suppress voting or to harm any group of
people.
It is not compiling a national voter registration list.
It is not looking to purge any eligible voter off the rolls.

17-2361-A-006039

 The job of the commission is to systematically look at the
registration and voting process used in federal elections and to
identify vulnerabilities that have an impact on voter confidence.
The commission is not going to make public any voters' private
information - in fact, I doubt the commission members themselves
will see any personally identifiable information.
The commission will look at a number of databases and will
determine if any of them are helpful to election administrators in
the maintenance of registration lists.
The Electronic Registration and Information Compact, or ERIC,
which was originated by the Pew Charitable Trusts, already uses
this process — using motor vehicle info, social security death lists,
the NCOA, or National Change of Address list maintained by the
Postal Service and several others. The commission wants to look
at those as well as other databases to see if they would help in
the maintenance effort.
The commission is recommend and suggest ways to increase the
integrity of our voter registration system and voter confidence.
Second point, as Academics and many others have suggested, it
is important to have transparency and accountability in the entire
election process.
Some academics and voting advocacy groups — and others focus on post-election audits of the ballots — how many were cast,
how many were counted and whether any were challenged or
cancelled.
Auditing the voter registration system is also part of transparency
and accountability in elections and I believe auditing the system

17-2361-A-006040

 serves the good purpose of increasing voter confidence in the
entire voting process.
Wearing my other hat as a Commissioner on the Election
Assistance Commission, we collect the most comprehensive
statistics on elections in the country with our Election
Administration and Voting Survey or EAVS. We collect extensive
data after every federal general election — every two years. The
data comes straight from the states and is certified by the chief
state election official. Our most recent survey was delivered to
Congress and released to the public at the end of June. The
EAVS shows, as previous surveys have also shown, that we have
some issues with voter registration rolls.
The survey showed that many voting jurisdictions have rolls that
exceed 100% of the voting age population. ERIC has also
released statistics that 1 out of every 8 voter registrations is
incorrect.
Having more registered voters than the population is not in itself
evidence of widespread fraud, and I don't believe anyone is
suggesting it is. However, inaccurate rolls do leave open the
possibility of fraud.
And, we do know that unclean rolls cause problems.
It causes lines, it pushes more people to provisional voting, it
creates a poor voter experience, and it breeds a lack of
confidence in the system overall.
We do have dead people still on the rolls.
We do have duplicate registrations — our population is mobile and
most voters do not inform the registrar that they are moving and
to cancel their registration.

17-2361-A-006041

 We do have some non-citizens on the registration rolls — I do not
ascribe any nefarious intent to non-citizens. I suspect that when
they are asked by a government official at a DMV office if they'd
like to register to vote, they assume that they are allowed to do
so. I also understand that voter registration is not the main
mission of our departments of motor vehicles.
We need to understand the extent of these issues and look for
solutions. When voters see that there are, for example, 144% of
the population registered to vote, as Los Angeles County has
recently revealed, and I very much respect Dean Logan, the Los
Angeles registrar and his team and the incredible job they do in
the most populous voting jurisdiction in the country, but THAT
statistic alone is going to undermine voters' confidence in the
system and belief that their own votes will count.
Another important question, which I posed at the first meeting of
the commission, is, who is being disenfranchised in this country
and why. We need to determine that.
If there are citizens who are eligible to vote and are not able to
register or to vote, we need to know so we can look for solutions
to fix that problem. No eligible voters should be disenfranchised.
I'll add that I'm also concerned, and I would need to study this
further, that if there are illegitimate votes, they likely dilute the
votes of our minority citizens more, because those votes are most
likely being cast in majority-minority districts.
If we do discover that illegitimate votes are being cast, we ought
to ask where those votes are being counted. I think that is an
important question.

17-2361-A-006042

 Third point: security.
We also need to make sure that our voter registration systems are
safeguarded from any tampering from foreign entities or other bad
actors. Obviously, this has been a major headline over the past
year.
Although these threats have NOT been successful to date, we
need to be sure that no intruder can add, delete, or alter voter
data — or take voters personal information for other purposes —
such as selling it on the dark web for identity theft purposes.
Scanning of databases of all types happens constantly, every
day, but tampering with our voter registration systems could, at
the least, slow down the voting check-in process and create
havoc at the polls.
More states are employing online voter registration and epollbooks, which we have found reduces incorrect information in
registrations and speeds the processes, but they also open the
system to cyber vulnerabilities.
Our election administrators have redundant systems and the voter
registrations systems are not connected to voting machines, but
still, even if voters believe that our system is hackable, it erodes
confidence in our system and our results.
It concerns me that we see so many stories — most of them false
— about how our system has been or can be hacked. I'm not
saying that it's impossible, but I am saying that the constant
stories are already affecting confidence in the integrity of our
system.
Our election administrators take very seriously their responsibility
to keep our voter systems secure.

17-2361-A-006043

 Since the accusations of Russian hacking, there have been
numerous meeting of elections officials at all levels to discuss the
issue and what it can do enhance security even more.
As most of you already know, the Department of Homeland
Security has designated elections as critical infrastructure.
I am not here to address the critical infrastructure designation, but
personally do not see and have not seen so far the benefit of the
bureaucratic structure that DHS is building — it will be costly in
time and funding for our elections administrators, however, I do
agree that we need to remain laser-focused on cybersecurity at all
levels of government, and especially in our election process. The
presidential commission — and the election assistance
commission — will both be looking at those issues.
Finally, we should all want every eligible voter to vote and all
legitimate votes to count fully and not be diluted by votes that are
not legitimate.
I want our voter confidence to be high and turnout to be as high
as possible.
We need to start by asking the questions and determining the
problems and issues — not by sticking our head in the sand and
stating that we don't have a problem so we shouldn't be looking at
it.
Only if we ask the questions can we then look for solutions to
ensure a voting and election system that has integrity and full
voter confidence from registration to results.
Thank you.

17-2361-A-006044

 Message
From:
Sent:
Subject:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
7/28/2017 6:15:35 PM
New Report Exposes Thousands of Illegal Votes in 2016 Election

http://dailysignal.com/2017/07/28/new-report-exposes-thousands-illegal-votes-2016-election/

THEDAILY SIGNAL
New Report Exposes Thousands of Illegal Votes
in 2016 Election
Hans von Spakovsky / Ben Janacek / July 28,2017
A new bombshell study released by the Government Accountability Institute shows why President Donald
Trump's Advisory Commission on Election Integrity has such an importantjob ahead of it.
The Institute concluded in its report that thousands of votes in the 2016 election were illegal duplicate votes
from people who registered and voted in more than one state.
The Government Accountability Institute, founded by Peter Schweizer, author of"Clinton Cash," seeks to
"investigate and expose crony capitalism, misuse oftaxpayer monies, and other governmental corruption or
malfeasance."
Over the last few months,the Institute sought to obtain "public voter information" from every state in order to
search for duplicate votes. This is the same type ofinformation the president's Election Integrity Commission
has requested.
With this report, we may have a clue as to why some states are resisting providing this data.
The Government Accountability Institute was able to obtain voter registration and voter history data from only
21 states because while some states shared it freely,"others impose exorbitant costs or refuse to comply with
voter information requests."
These 21 states represent "about 17 percent of all possible state-to-state comparison combinations."

17-2361-A-006045

 The Institute compared the lists using an "extremely conservative matching approach that sought only to
identify two votes cast in the same legal name." It found that 8,471 votes in 2016 were "highly likely"
duplicates.
Extrapolating this to all 50 states would likely produce, with "high-confidence," around 45,000 duplicate votes.
The Institute obtained this level of confidence by matching not only names and birthdays—which can be the
same for different individuals but also by contracting with companies, such as Virtual DBS,that have
commercial databases to further cross-check these individuals using their Social Secufity Numbers and other
information.
According to the Government Accountability Institute's experts,"the probability of correctly matching two
records with the same name, birthdate, and social security number is close to 100 percent." in fact,"using these
match points will result in virtually zero false positives."
The probability of45,000 illegal duplicate votes is the low end of the spectrum, and it does not even account for
other types offraud such as ineligible voting by noncitizens and felons and Absentee ballot fraud.
To put this number offraudulent votes in perspective, Hillary Clinton won New Hampshire by fewer than 3,000
votes out of over 700,000 cast. Just this number of duplicate votes alone has the power to swing state results
and, in turn, elections.
Unfortunately, New Hampshire refused to turn over their data for this study.
There have been other razor-tight elections in recent years. In 2000, the presidency was decided by 537 votes
out of a total of 105 million cast. In 2008, Al Franker' won his Minnesota Senate race by a mere 312 votes. He
ended up being the deciding vote that gave this country Obamacare.
Though the institute did not look at the 2008 elections in this study, there is little doubt that the 2016 numbers
show that duplicate voting and voter fraud are a real problem that can have serious consequential effects.
The Government Accountability Institute also used the state of Rhode Island as a test case. Over 30 percent of
all registered voters in Rhode Island have no Social Security or driver's license number on file.
While it is legal to register without providing this information, the Institute notes that "confirming the identities
ofsome of these voters is impossible using only the data contained in the state's voter registration system."
Without this "uniquely identifying information ... there is no way to confirm a voter's identity or citizenship
..." This shows the vulnerabilities that are ripe for any person or group wanting to take advantage ofthem.

17-2361-A-006046

 The Institute also found more than 15,000 voters registered at prohibited addresses "such as post office boxes,
UPS stores, federal post offices, and public buildings." In some cases, more than 100 voters "were registered to
the same UPS store locations."
They also found voters whose registered addresses were "gas stations, vacant lots, abandoned mill buildings,
basketball courts, parks, warehouses, and office buildings."
The Institute tried to bring some ofthese problems to the attention of Rhode Island election officials as part of
their test case. They provided officials with a list of225 voters who "were registered using prohibited
addresses."
But Rhode Island refused to do anything about the problem beyond sending a letter to the voters. If a voter did
not respond, the state refused to take any further action.
Instead, in an obvious attempt.to deter the Government Accountability institute, the state said that the Institute
would have to file a "voter challenge" and would be subject to a misdemeanor penalty if it filed a "false
challenge."
The fact that these election officials did not want to thoroughly investigate possible voter fraud illustrates one of
the problems in this area: Too many election officials don't want to know about these problems, and refuse to
do anything when it is brought to their attention.
The Government Accountability institute points out that the quality of the voter registration data in some states
is very poor, with missing and obviously incorrect information. The Institute found 45,880 votes cast by
individuals whose dates ofbirth were more than 115 years before the election.
Several hundred votes were cast by individuals whose registration birthdates "indicated they were under 18
years old at the time of the election," although sonic ofthese were through provisional ballots.
All of this is just the latest evidence that we have serious, substantive problems in our voter registration system
across the country and that voter fraud is, without a doubt, real.
The Heritage Foundation has a database that is being constantly updated. It documents nearly 1,100 proven
instances ofvoter fraud, including cases where elections were overturned because of proven fraud.
This kind of work, which the Government Accountability Institute has done, will be invaluable to the Election
Integrity Commission as it researches the registration and voting process and looks for ways to fix its
vulnerabilities and security problems, enhance our democratic process, and make sure every eligible American
votes and is not disenfranchised by illegal votes.

17-2361-A-006047

 Election integrity and public confidence in the election process are fundamental to preserving our democratic
republic.
Disclosure: Hans von Spakovsky is a member ofthe Presidential Advisory Commission on Election Integrity
mentioned in this article.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue. NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006048

 Message
From:
Sent:
To:

CC:
Subject:

Christian Adams [adams@electionlawcenter.com]
9/15/2017 2:12:41 PM
Williams, Ronald E. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ca04650680784b75b967571125b235d5-Wi]; Kossack, Andrew J. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]; Paoletta, Mark R. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]
'Noel Johnson [njohnson@PublicInterestLegal.org]
Next meeting

Flag:

Follow up

Ron Mark and Andrew:
Copying Noel. Noel has been doing much of the research nationwide on non-citizen voter registrations. I'd say he knows
just about more about the topic than anyone in the country — largely because he is the one who has had to extract the
noncitizen registration data from a variety of states — sometimes having to litigate the matters. Noel is an author behind
the Pennsylvania and New Jersey examinations of noncitizen registrations PILF published.
He would be an excellent witness at the next meeting to describe what he has found, and perhaps more importantly,
HOW to find it. As far as I know the Commission has not yet asked for the sort of data he has asked for, collected and
compiled. It's true that I've edited and talked about his work, but he really knows the topic of noncitizen registration
just about as well as anyone — how it happens, what defects in the system enable it, what happens when they are
caught, how to prevent it, etc.
I think he would make an extremely good witness at the next meeting. In fact, there should be a panel on non-citizen
registration and voting. Brian Kemp in Georgia implemented a citizenship verification program that was very successful,
and should be invited to speak about what they did in Georgia. Scott Gessler in Colorado implemented the SAVE system
review for Colorado and can talk about how DHS makes it harder to use than it needs to be. He'd be another good
witness.
I can think of other witnesses on this topic if pressed. Perhaps a phone call?
States with problems of noncitizen voting are: Florida, Texas, Illinois, PA — these are jus the ones with demonstrable
cases off the top of my head. And here's the worst part, the ones who are caught are not being prosecuted under
federal law like they should be in the last 8 years.

17-2361-A-006049

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/3/2017 10:48:34 PM
next week

Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work
better if you're available then. We should be able to make anytime on Tuesday work, so feel free to name
your time and well book it. If Tuesday won't work for any reason, just let me know and we'll figure out
something el se that's better for you. Looking forward to it.
Thanks,
Andrew
Andrew 3. Kossack
Executive Di rector & Designated Federal officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006050

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/7/2017 5:18:46 PM
'Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
NH data

Washington Times just broke the story: http://www.washingtontimes.com/news/2017/sep/7/voter-fraud-alertover-5000-new-hampshire-presiden/
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: And rew.7.Kossack@ovp.eop.gov

17-2361-A-006051

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/7/2017 2:44:11 AM
'Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
NH data

Kris,
This is not public yet, but Secretary Gardner shared the numbers from the analysis of 2016 same-day
registrants. As of August 30, 2017, only 1,014 of the 6,540 same-day registrants who registered with an
out-of-state license had obtained a New Hampshire driver's license. The other 5,526 individuals had not
obtained a New Hampshire driver's license. Of those 5,526, 3.3 percent, or more than 180 individuals,
registered a vehicle in New Hampshire sometime between the election and August 30, 2017. In other words,
those 180 individuals visited a Department of Motor Vehicles branch to register a vehicle in New
Hampshire, but still did not obtain a driver's license in spite of claiming to be a resident for purposes
of the 2016 election.
To put the 5,526 figure in context, the vote margin between President Trump and Hillary Clinton was
2,732. Senator Kelly Ayotte lost by 743 votes to Maggie Hassan.
Secretary Gardner expects the New Hampshire Speaker of the House, Shawn Jasper (R), to release this
information sometime tomorrow (Thursday the 7th). The analysis compared New Hampshire voter data with New
Hampshire DMV data.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006052

 Message
From:
Sent:
To:
Subject:

Alan L. King [
]
9/10/2017 6:53:20 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organizationiou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
NH

Andrew, if possible if you could ask sec Kobach to verbally state that I am at a court technology
conference that is held every 2 years that I have had plans to attend for over 6 months. I regret the
conflict and my absence in New Hampshire but it is unavoidable. Thanks so much. Alan
Sent from my i Phone

17-2361-A-006053

 Message
From:
Sent:
To:
Subject:

Google Calendar [calendar-notification@google.com]
6/28/2017 3:19:46 PM
Kris Kobach
Notification: HOLD: Organizational Call - PCEI @ Wed Jun 28, 2017 10:30am - 11:30am (Kris Kobach)

more details >>
HOLD: Organizational Call - PCEI
Instructions for call attendees:

Beginning as early as 11:00am, Signal via the White House Communications Agency will call you directly on the either of
the numbers you provided below. This process is done to ensure that all conferees are in the conference on time, and line
quality is validated before adding the Vice President into the conference last at 11:30 am. If you have any difficulties
connecting, please call: 202-757-6000.

Commission Member
Primary Phone
Secondary Phone
1
Michael R. Pence
n/a
n/a
2
Kris Kobach
(c)
(w)785-296-4575
3
Connie Lawson
(c)
(w) 317-232-6531
4
Bill Gardner

17-2361-A-006054

 (e)
(w)603-271-2403
5
Matt Dunlap
(c)
(w)207-626-8401
6
Ken Blackwell
(0)
(w)513-221-6703
7
Christy McCormick
(c)
(w) 301-563-3965
8
David Dunn
(c)
n/a
9
Luis Borunda
(c)
(w)410-260-3868
10
Mark Rhodes
(c)
(w) 304-424-1892

17-2361-A-006055

 When

Wed Jun 28, 2017 10:30am — 11:30am Central Time

Where

conference call details added (map)

Calendar

Kris Kobach

Who

. Kossack, Andrew J. EOP/OVP - organizer
• Kris Kobach - creator
• mrhodes@woodcountywv.com

17-2361-A-006056

 . cmccormick@eac.gov
. luis.borunda@maryland.gov
. david@capitolpartnersar.com
. Paoletta, Mark R. EOP/OVP
. Morgan, Matthew E EOP/OVP
. Christy McCormick

Attachments

Organizational Conference Call 6.28.2017.pdf

Going? Yes- Maybe. - No

more options >>

Invitation from Goode Calendar
You are receiving this email at the account

because you are subscribed for notifications on calendar Kris Kobach.

To stop receiving these emails, please log in to https://www.google.comicalendar/ and change your notification settings for this calendar.
Forwarding this invitation could allow any recipient to modify your RSVP response. Learn More

17-2361-A-006057

 :• .

•

Possible Topics for Commission to Address
1. Accuracy of Voter Rolls (voters who have moved, non-citizens, deceased individuals, felons)
e

•

Strategies to Increase Accuracy
Obstacles to Increasing Accuracy

2. Fraudulent or Improper Voting
o

Scope of the Problem

6

Strategies to Address the Problem

3. Voting by Mail
4. Cybersecurity Regarding State Voter Databases
5. Voter Intimidation and Consequences of State Efforts to Increase Election Integrity
6. Additional Topics

Lie

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17-2361-A-006058

 AFTER OUR FEDERAL CONSTITUTION WAS RATIFIED A
PERSON ASKED GEORGE WASHINGTON THIS QUESTION:
"WHAT IS THE MOST IMPORTANT THING I CAN DO FOR MY
COUNTRY"
WASHINGTON ANSWERED WITH 5 WORDS "EXPRESS YOUR
VIEWS BEYOND YOURSELF."
WHEN I FIRST BECAME AWARE OF THIS,I TOOK IT TO MEAN
EVERYONES VOICE MATTERED,BE WILLING TO SHARE
YOUR VIEWS,HAVE DIALOGUE WITH OTHERS AND LET
OTHERS SHARE THEIR VIEWS WITH YOU FOR IT WILL
STRENGTHEN OUR COUNTRY.
IT CAN ALSO BE APPLIED TO VOTING WHERE WE
COLLECTIVELY EXPRESS OUR VIEWS BEYOND OURSELVES
BY WAY OF THE BALLOT BOX AND THE MORE OFTEN WE
GET TO DO THAT THE MORE WE FULFILL THE WILL OF OUR
FIRST PRESIDENT.

I WOULD LIKE MORE AMERICANS TO VOTE NOT FEWER.
FOR OVER HALF A CENTURY SINCE THE CIVIL RIGHTS ERA
OF THE SIXTIES OUR FEDERAL GOVERNMENT AND THE
STATES HAVE BEEN TRYING TO FIND MORE AND MORE
1
17-2361-A-006059

 WAYS TO MAKE IT EASIER TO VOTE BUT WHEN STATES TRY
TO BALANCE THAT EASE OF VOTING WITH MEASURES TO
INCREASE VOTING INTEGRITY IT IS OFTEN MET WITH
HOSTILE RESISTANCE AND CHARGES OF SUPRESSION.

I WILL RESPECT THE FACTS THAT THIS COMMISSION
RECEIVES BUT IT HAS BEEN MY BELIEF OVER MANY YEARS
OF ADMINISTERING ELECTIONS THAT WE WILL SEE AN
INCREASE IN VOTER TURNOUT ONLY WHEN EASE OF
VOTING IS BALANCED WITH SECURITY AND INTEGRITY.
MAKING VOTING EASIER BY ITSELF DOES NOT RESULT IN
HIGHER TURNOUT AS WE HAVE SEEN IN OUR RECENT
ELECTIONS. POLLS CONDUCTED JUST BEFORE THE
LAST PRESIDENTIAL ELECTION FOUND OVER HALF THE
COUNTRY BELIEVES THERE IS VOTER FRAUD AND POLLS
AFTER THE ELECTION SHOW A DECLINING LEVEL OF
CONFIDENCE IN THE BALLOTING.

2
17-2361-A-006060

 ;:4*:- ariv,E4rz•n&enzii.vs,
:nmat;!o!iezbiSktirf‘t,..w...bsawarevtactwa,-b.:,-km'mzzit-Kkkv.all/eliEit?:,,N;;;ii;1;.=.reggCaTattarg161.=4"SE;;;,--eiii16.f,4E''''''n
,

DURING THIS CENTURY THERE HAVE BEEN 3 NATIONAL
ELECTION COMMISSIONS PREVIOUS TO THIS ONE. THEY
SPENT TIME CONTINUING THE QUEST FOR WAYS TO MAKE
VOTING EASIER. IN MY OPINION WE NEED TO FIRST
UNDERSTAND WHY TURNOUT HAS NOT INCREASED AS A
RESULT. ONE OF THE PREVIOUS COMMISSIONS
RECOMMENDED STATES ADOPT PHOTO ID REQUIREMENTS
FOR VOTING AND THAT COMMISSION WAS SEVERELY
CRITICIZED FOR DOING SO.
WE ALSO NEED TO COMPARE STATES THAT HAVE VOTER
ID LAWS TO THOSE WITHOUT. I MIGHT ADD THAT THE TWO
HIGHEST STATES IN TURNOUT DURING THE PRESIDENTIAL
PRIMARIES LAST YEAR WERE BOTH PHOTO ID STATES.

3
17-2361-A-006061

 rC.-•=jiSt:WaiiktigtSM:IrAttb2W,ir•

WHY IS IT IMPORTANT FOR THE PUBLIC TO HAVE
CONFIDENCE IN THEIR ELECTIONS?
THE REASON IS, CONTRARY TO COMMON BELIEF, ONE
VOTE DOES MATTER.
I HAVE CONDUCTED NEARLY 500 RECOUNTS. ALL DONE
BY HAND COUNTING PAPER BALLOTS IN A PUBLIC PROCESS
INCLUDING STATEWIDE,CONGRESSIONAL AND VARIOUS
SMALLER DISTRICT RACES. 11 OF THOSE RECOUNTS HAVE
ENDED IN A TIE, 32 WERE DECIDED BY 1 VOTE AND A TOTAL
OF 202 BY LESS THAN 10 VOTES.
WHILE SERVING AS A STATE
REPRESENTATIVE IN THE 1970'S, MY STATE HAD A US
SENATE RACE THAT WAS DECIDED BY 2 VOTES. THE
US SENATE TRIED TO DO A RECOUNT OF THAT RACE AND
GAVE UP AFTER TRYING FOR 5 MONTHS.
I AM A WITNESS THAT EVERY VOTE MATTERS AND
THERE DOESN'T NEED TO BE MASSIVE VOTER FRAUD TO
SWAY THE OUTCOME. THESE ARE THE EXPERIENCES I
WILL BRING TO THIS COMMISSION AND I WILL WORK WITH
ALL OF YOU ENDEAVERING TO LET THE FACTS WE RECEIVE
SPEAK FOR THEMSELVES.
4

17-2361-A-006062

 1980
1 Minnesota
2 Idaho
3 Wisconsin
4 Sown Dukolu
5 Montana
6 Naith Dakota
7 Utah
8 M8i06
9 Iowa
10 Oregon
11 Comae:a:al
12 Michigan
13 Maasacbusens
14 aliSAllIn
15 Rhoda Island
16 Illincis
17 Vermont
18 !Adana
19 Washinateo
20 New Hampshire
21 Alaska
22 Kansas
23 Nebraska
24 Colorado
25 Ohio
26 New Jersey
27 Delaware
28 Wyomaig
29 Loaisittaa
30 West Virginia
Unitsd States
31 Oklahoma
32 Pennsylvania
33 Mississippi
34 Arkansas
35 Now mex:eo
36 Maiyland
37 Kellam/at
38 Cailoraia
39 Tanneasee
40 Alabama
41 Florida
42 Now York
43 Virginia
44 Texas
45 Anzona
46 Hawaii
47 Noah Cambia
48 Georgia
49 Nevada
50 South Carolina
51 COM. of Columbia

1984
i kannesola
2 kaantana
3 Maine
4 South Dakota
5 Wisconsei
5 Noah NOM
7 Iowa
8018904
9 Utah
10 Idaho
11 Vermont
12 Carmecticat
13 Washington
14 Alaska
15 Mambo',
16 Ohio
17 innois
16 Missouri
19 Kansas
20 kaa5SOCNISella
21 Nebraska
22 Now Jersey
23 !ndisita
24 Delaware
25 Coloraao
26 Louisiana
27 Rhode island
28 Wyoming
29 Penn4vania
United States
30 New Hanipsiwo
31 Oklahoma
32 Mississippi
33 Mat Virginia
34 Arkansas
35 New Maxie,:
36 Kentucky
37 Maryland
38 NewYailt
30 Vorjolia
40 Alabama
41 Tenneasee
42 California
43 Florida
44 Taxes
45 Nana Carolina
46 Arizona
47 Hawall
48 Georgia
49 Del..; Colunims
50 Nevada
51 South Carolina

%
68.6%
65.8%
64A%
63.8%
63.8%
63.5%
63.3%
52.5%
61.6%
60.8%
60.5%
60.3%
58.6%
58.6%
589%
58.0%
57.910
57.8%
5J4%
57.0%
1,66%
505%
56.4%
55.9%
55.7%
55.6%
55.5%
54.9%
54.3%
53.3%
53.1%
52.9%
52.7%
52.6%
52.3%
519%
512%
51.1%
50.9%
50.7%
503%
49.4%
49.3%
48.3%
47.4%
47.3%
45.3%
44.7%
41.9%
41.6%
41.1%
40.9%

1988
1 atinnesola
2 Montana
3 NOith Dakota
4 South Dukula
5 Wisconsin
6 Maine
7 Utah
8 Idaho
9 town
10 Vermont
11 Oregon
12 Nebraska
13 Colorado
14 Connectiaat
15 Massautiasetts
16 Missouri
17 New Hampshire
16. Wymnrail
19 Ohio
20 Kansas
21 Sinus
22 Alaska
23 Louisiana
24 Michigan
25 Washing:on
20 Indiana
27 NewJersey
28 Rhoda island
29 Mississippi
30 Delaware
31 Oklahoma
United Slates
32 Pennsylvania
33 Now %toxic*
34 Kentucky
35 Maryland
36 Arkansas
37 Was:Virginia
38 Virginia
39 New Yolk
40 Alabama
41 California
42 Texas
43 Tennessee
44 Maxim
45 Florida
46 Hawaii
47 North Carolina
48 Nevada
40 South Caro:era
50 GeorgIa
51 Dist. orColuntis
%
66.2%
63.7%
63.2%
62.9%
61.6%
61.5%
60.5%
50.9%
59.7%
59.2%
5I5%
57.8%
57.3%
57.2%
56.7%
55.5%
55.2%
55.1%
55.0%
54.9%
542%
54.2%
54.2%
542%
53.8%
535%
52.5%
52.5%
51.3%
51.0%
50.9%
50.3%
50.2%
4911%
48.8%
48.ii%
MU%
40.1%
47.915
47.5%
46.7%
45.5%
457%
45.3%
44.9%
44.6%
44.1%
43.5%
42.5%
39.4%
39.s%
36.4%
1992
1 Maine
2 Mirmasala
3 Misatana
4 Wisconsin
5 Varniont
6 South Dakota
7 akai1h Dakota
8 Oregon
9 Iowa
10 New Hampshire
11 Cormacticai
12 Idaho
13 Alaska
14 Nebraska
15 Kanaas
16 Utah
17 Missouri
18 Michgan
19 Wyoming
20 Coloradu
21 Ohio
22 Washinglon
23 Maoism:Masotti
24 Oklahoma
25 Louisiana
26 Rhode Island
27 Illinois
28 Nawaersoy
29 Delaware
United States
30 Alabama
31 Indiana
32 PannsyNafika
33 Marylhail
34 Mamas
35 Kenhicky
36 Virginia
37 Mississippi
38 Tonnossoe
39 Arizona
40 New Maraca
41 New York
42 Florida
43 Noith Carolina
44 Wool Virgiala
45 California
46 Nevada
47 Texas
48 Dia.°,Coltartina
49 Georgia
SO South Carolina
51 113WrIli

1996
%'
731% 1 Maine
71.2% 2 Minnesota
985% 3 Montana
.
66.2% 4 South Dakota
67 9% 5 Wyomiag
66.1% 6 Vermont
66.0% 7 Iowa
65.3% 8 Idaho
645% 9 Alaska
64.5% 10 New Hampshire
64.1% 11 Vasaonsin
63.6% 12 Louisiana
63.6% 13 crow
62.6% 14 Nadh Dakota
62.3% 15 Kanaas
61.8% 16 Connecticut
616% 17 Nebraska
61.1% 18 Woo/analog
60.6% 19 0111')
60.3% 20 Massachuseas
60.2% 21 Missocii
59.8% 22 Micnigan
59.8% 23 Colorado
58.8% 24 New Jersey
58.4% 25 Rhode Island
58.2% 26 Oklahoma
58.1% 27 Indiana
55.7% 28 Parattylvanis
55.3% 29 Delaware
54.7% 30 Illinois
Unitad States
54.5%
54.5% 31 Utah
53.934 32 Alabama
537% 33 Viagiala
53.1% 34 Kontuclw
53.0% 35 Maryland
52.7% 36 Arkansas
52.2% 37 Tennessee
52.0% 38 Florida
51.31k 39 West Virginia
50.4% 40 New York
50.2% 41 Mississippi
50.2% 42 New Mexico
49.7% 43 North Carokins
49.6% 44 California
49.3% 45 Georgia
49.3% 46 Dial. ol Columbia
48.3% 47 Arizona
47.7% 48 Saida Carolina
45.9% 49 Texas
44.8% 50 Hawaii
43.0% 51 Nova&
% 114.2%
63.1%
622%
60.3%
59.9%
58.2%
57.3%
572%
57.8%
508%
56.5%
564%
56.3%
553%
55.3%
553%
55.1%
541%
54.2%
54.2%
53.5%
534%
51.4%
50.0%
495%
44.0%
48.6%
48.5%
484%
48.3%
483%
47.7%
47.0%
47.3%
47.3%
46.7%
46.5%
463%
46.1%
455%
45.3%
45.535
445%
44.015
434%
41.4%
41.3%
4 E.1%
40.8%
40.4%
40.2%
36.5%

2000
1 Minnsiora
2 Maine
3 Alaska
4 Wisconsin
5 Vermont
5 NewHompshire
7 Monlana
8 Iowa
9 North Dakota
10 Oregon
II Wyoming
12 Michigan
13 South Dakota
14 Connecticut
15 Missouri
15 Washiagton
17 Massachusetts
160100
19 Delaware>
20 Nebraska
21 Louisiana
22 Kansas
23 Colorado
24 Idaho
25 Pennsylvania
26 lirinoiS
27 Maryland
28 Virginia
29 Rhode Island
30 Kankicky
31 Utah
32 Alabama
33 NewJeizey
Unites! Stales
34 Indiana
35 Tennessae
36 Oklahoma
37 Missiseippi
30 Florida
39 New York
40 North Carolina
41 West Virgiaia
42 Arkansas
43 South Carolina
44 Now Mextco
45 California
46 Dist. of Columbia
47 Georgia
411 Texas
49 Arizona
50 Nova&
61 Hama
%
686%
65.6%
64.9%
04.7%
63.5%
60.9%
698%
59.8%
50.8%
59.1%
59.3%
57.4%
57.0%
56.7%
55.3%
55.3%
55.5%
55.4%
55.1%
55.0%
54.2%
54.0%
53.6%
53.6%
52.4%
.51.5%
51.0%
55.8%
50.8%
50.5%
50.2%
53.2%
50.1%
50.0%
46.2%
451%
48.1%
47.9%
47.13%
47.8%
47.4%
45.1%
49.0%
451%
45.4%
44.1%
43.9%
42.4%
42.3%
49.1%
40.0%
39.8%

2004
1 Minnasoln
2 Maine
3 Wisconsin
4 New Hainpshire
5 South Dakota
6 loyal
7 Oregon
8 Alaska
9 Ohio
10 Vermonl
11 Michigan
12 Montana
13 Noah Dakota
14 Missouri
15 Wyoming
16 COlOrado
17 Washingloa
18 PfaInSylv&Min
19 Nebraska
20 Connecticat
21 Delaware
22 MalisachaSetts
23 Idaho
24 Kansas
25 Louisiana
26 Maryland
27 Kentucky
28 Illinois
29 VirOla
30 Florida
31 Watt
United Slates
32 NewJersey
33 Oklallomo
34 Alabama
35 Tonnessae
36 Mississippi
37 North Carolina
38 New Mexico
39 West Virginia
40 Indiana
41 Rhode Island
42 Arkansas
43 Georgia
44 Navy Yurk
45 South Carolina
46 Disk ot COlumbiz
47 AliTana
48 California
49 Nevada
50 Texas
51 Hawaii

%
74 1%
72.5%
71 8%
68.834
673%
67 3%
67.1%
656%
653%
65.1%
64.4%
63.3%
63.0%
62.9%
62.9%
61.9%
61.0%
604%
59.6%
59.5%
59.1%
59.0%
58.9%
58.4%
57.5%
57.1%
56.9%
56.2%
56.1%
55.8%
55.8%
55.5%
55.5%
55.2%
54.9%
54.2%
54.0%
53.8%
53.6%
53.0%
53.0%
52.8%
50.9%
50.8%
50.5%
50.6%
49.6%
47.7%
47.3%
46.7%
45.5%
43.6%

2008
l Minritmota
2 Maine
3 New Hampshire
4 Olifiswnsin
5 Iowa
6 Michigan
7 Vermont
8 Montana
9 Ohio
10 Missotai
11 Colorado
12 Alaska
13 Scala Dakota
14 Oregon
15 Virginia
16 North Dahota
17 Pennsylvania
18 laryoinaig
19 MaSsachuseas
20 North Carolina
21 Delaware
22 Maryland
23 Connoctieul
24 Washington
25 Nebraska
26 Mississippi
27 Kansas
28 Lovisiano
29 Idaho
30 Alabama
31 Now..liesey
32 Florida
33 irinors
34 Rhode Island
35 Indiana
United Slates
36 Kentucky
37 Georgia
38 South Carolina
39 Dist. at Columbia
40 New Memo
41 Tommasure
42 Oklahoma
43 titan
44 New York
45 Arkansas
46 California
47 West Vrryiriia
48 Arizona
49 Nevada
50 Texas
51 Hawaii

%
73.2%
69.6%
69.6%
69.3%
66.9%
664%
813.0%
65.0%
65.1%
64.9%
64.7%
643%
63.4%
62.7%
61.8%
61.7%
61.3%
609%
60.9%
60 7%
60.8%
606%
60.4%
603%
69.4%
58.9%
918%
58.7%
586%
58.4%
58.2%
57.6%
57.4%
57 1%
57.0%
56.994
55.7%
556%
55.3%
55.2%
55.1%
54.5%
52.8%
51.6%
51.4%
50.0%
49.6%
49.1%
49.1%
48.4%
45.5%
43.8%

2012
1 Knnasols
2 Wisconsin
3 New Hampshire
4 lowa
5 Memo
6 Colorado
7 Ohio
8 Michigan
9 Montana
10 Virginia
11 Massachusetts
12 North Carolina
13 Vermonl
14 Misaouri
15 Maryland
/6 North Dakota
17 Oregon
18 Washington
19 Delaware
20 South Dakota
21 Mississippi
22 Pennsylvania
23 LtIlaSiaila
24 Nebraska
25 'Aryoming
26 Alabama
27 Cannock:II
28 Idaho
29 Dist. of Colurgis
30 Alaska
31 Florida
32 South Carolina
United States
33 Kansas
34 Rhoda Inland
35 Kentucky
36 ilknois
37 Newlersay
38 :nditnia
39 Georgia
40 Utah
41 New Mexico
42 Tormossoo
43 Nevada
44 Arkansas
45 Arizona
46 Cklatunna
47 New York
48 West Virginia
49 California
50 Texas
51 Hawaii

%

71.4%
69.5%
67 8%
67.1%
670%
64 5%
62.7%
620%
616%
60.7%
60.2%
60.1%
596%
59.6%
59.5%
587%
587%
586%
57.5%
576%
57.2%
572%
57.0%
56.9%
56.4%
56.0%
55.6%
55.6%
55.5%
65.3%
55.1%
53.6%
53.6%
53.5%
53.4%
53.4%
53.3%
53.2%
57..0%
52.3%
51.4%
49.8%
49.4%
46.2%
47.7%
46.5%
46.3%
46.1%
45.5%
45.1%
41.7%
39.9%

2016
1 Maine
2 Minnesota
3 New Hampsliira
4 Wisconsin
5 Iowa
6 esionulo
7 Vennont
8 Michigan
9 Oregon
10 Ohio
11 Massachasells
12 Montana
13 VirgiriM
14 Pasinsy4vania
15 NOM Cararma
16 MiSaOuii
17 Maryland
18 Delaware
19 Nebraska
20 aVashiaglon
21 Connection
22 North Dakota
23 Alaska
24 Wyeining
25 Florida
26 Soulh Dakota
27 Louisiana
28 Alabama
29 Kentucky
30 Illinois
31 Idaho
32 NewJersey
33 Dia of Cohanbie
34 Rhode Island
United States
35 South Carolina
36 Indiana
37 Kansas
38 Mississippi
39 Utah
40 Georgia
41 Haw Mesa..
42 Arkaitsas
43 Nevada
44 New York
45 West VognIa
46 Oklahoma
47 Tennessee
48 Arizona
49 Catifornia
50 Texas
Cl Hawaii

Voter Turnout Ranking of States: 1980 - 2016 Presidential Elections, Based on Vote for Highest Office Divided by Voting Age Population (VAP)
%
700%
67.9%
67.4%
673%
65.1%
64.8%
64.6%
646%
Gag%
61.4%
61.0%
60.0%
59.0%
58.6%
59.6%
579%
57.8%
57.7%
57.4%
572%
57.1%
56.8%
56.7%
55.9%
55.4%
549%
54.7%
53.4%
512%
52.8%
524%
572%
02.0%
51.9%
51.5%
50.9%
50.0%
49.9%
46.9%
48.8%
487%
48.7%
48.0%
47.5%
449%
44.4%
43.6%
434%
41.3%
41.1%
404%
35.3%

Source: Or. Michael P. McDonald, United States Elections Project Turnout Data, Jan. 17, 2017, with Turnout Calculations in 2000 arid 2004 currnctad to re ec

%
5556%
69.40%
69 20%
60.10%
64.90%
64.40%
62.10%
61.90%
61.80%
60.90%
6070%
6050%
60.50%
6030%
60.20%
5950%
59.20%
5880%
58.60%
58.30%
58.00%
67.50%
57.40%
57.00%
56.70%
56.70%
56.60%
56.30%
58.10%
55.80%
55.40%
55.30%
54.80%
54.70%
54.40%
54.20%
53.90%
53.70%
53.30%
52.8014
52.40%
50.10%
49.40%
49.30%
49.20%
48.90%
48.70%
48.60%
48.30%
46.50%
43.10%
37.80%

17-2361-A-006063

 William M. Gardner
New Hampshire Secretary of State
June 27, 2016

In the 2016 Presidential Primary, New Hampshire scored first in voter turnout, followed by
Wisconsin, Vermont, Oregon and Illinois, using total ballots cast divided by voting-eligible
population (VEP).
The Measure of American Elections, 2014, edited by Barry C. Burden and Charles
Stewart Ili; "Registration and Voting: A View from the Top", by Barry C. Burden,
University of Wisconsin — Madison:
"Simply put, people are more likely to participate if they are confident in the system and
find it relatively easy to take part. Although turnout is affected by many things outside
the control of the election administrator, high turnout is frequently regarded as a sign
that the democracy is functioning well. One might even view turnout as a sort of "grand
indicator" that encompasses all others, coming as it does at the end of the electoral
cycle, which includes many registration and balloting activities."
"Although the media often write at great length about how participation in the most
recent election compares with the previous one, the most important source of variation
is not temporal. Registration and turnout rates vary much more across states than over
time. The seesaw of up-and-down activity between presidential and midterm years is
predictable and well understood. In contrast the greater variation across states has
received less acknowledgment that it deserves."
"It is true that "battleground" states tend to have higher levels of participation than do
uncompetitive states, but the variation across states far exceeds these impacts."
Boston Globe, March 15, 2016 Article entitled "Vote early, vote foolish", by Jeff
Jacoby:
"The transformation of Election Day into Election Month has proved one of our less
successful democratic experiments."

17-2361-A-006064

 "In a 2013 study published in the American Journal of Political Science, researchers
found that early voting appears to "lower the likelihood of turnout by three to four
percentage points."
Election Law Journal,June 8, 2015, Article entitled "Early Voting: Do More Sites Lead
to Higher Turnout?" by Elliott B. Fulmer, Randolph Macon College:
"Burden, et al, interpret their findings as evidence that early voting, while decreasing
the short term costs of voting, actually leads to interactive effects that depress turnout."
"Research on whether voter ID laws depress turnout has been abundant in recent years.
Findings are split, though most believe the effects are minimal (if they exist at all).
Vercellotti and Anderson (2006) reported a small but significant relationship between
county-level voter turnout and ID laws in 2004, while Alvarez, Bailey and Katz(2008) use
CPS data to show that having to present photo identification does depress the turnout
of registered voters when compared to those living in states that required one to simply
state their name. Others, however, have argued that no noticeable drop-off in turnout
due to ID laws is apparent(Milyo 2007; Mycoff, Wagner, and Wilson 2007; Ericson and
Minnite 2009)."
New York Times, June 4, 2016, Article entitled "Jury Out on Effectiveness as Some
States Make Voting Easier," by Michael Wines:
"Most studies show that election reforms don't affect turnout very much, and when
they do, the people who turn out look a lot like they are people who are already voting,"
said Barry C. Burden, the Director of the University of Wisconsin - Madison's Election
Research Center.
American Journal of Political Science, January 18, 2016:"Early Voting is Convenient
but Decreases Overall Turnout" by Barry Burden, University of Wisconsin — Madison:
"We argue that turnout actually declines when early voting is an option... All of this
information and social pressure helps to get out the vote on a traditional election day
but is diluted during a lengthy early voting period... In other words, early voting is a treat
for regular voters but not a great way to mobilize new voters... Even more surprising,
turnout was slightly lower for each additional day of early voting that is offered."

17-2361-A-006065

 11%3=14AW47AMM4i:::::
WigiggtfgM5,

Presidential Advisory Commission on Election Integrity
By-Laws and Operating Procedures
The following By-Laws and Operating Procedures("By-Laws") will govern the operations of the
Presidential Advisory Commission on Election Integrity ("Commission").
Section I: Purpose, Organization, and Operation
Pursuant to Executive Order 13799 of May 11,2017,the Commission shall, consistent with applicable
law, study the registration and voting processes used in Federal elections. The Commission shall be
solely advisory and shall submit a report to the President that identifies those laws, rules, policies,
activities, strategies, and practices that enhance the American people's confidence in the integrity ofthe
voting processes used in Federal elections; those laws, rules, policies, activities, strategies, and practices
that undermine the American people's confidence in the integrity of voting processes used in Federal
elections; and 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. The Commission shall provide its advice and recommendations, analysis, and
information directly to the President.
Section II: Authority
The Commission was established by Executive Order 13799 of May 11, 2017, and by the authority vested
in the President of the United States by the Constitution and the laws of the United States of America.
The Commission has voluntarily agreed to operate in accordance with the Federal Advisory Committee
Act, as amended (5 U.S.C. App.)("FACA"). The Commission filed a charter on June 23,2017, with the
General Service Administration's Committee Management Secretariat.
Section III: Membership
(A)In General. The Commission shall be composed of the Vice President and not more than fifteen
(15)additional members("Members"). The Members shall be appointed by the President and
shall represent a bipartisan set of perspectives and experience in elections, election management,
election fraud detection, and voter integrity efforts, and may include any other individuals with
knowledge or experience determined by the President to be of value to the Commission. The
Members of the Commission may include both regular Government Employees and Special
Government Employees.
(B) Chair and Vice Chair. The Vice President shall chair the Commission. The Vice President may
select a Vice Chair from among those Members appointed by the President, who may perform the
duties of the Chair if so directed by the Vice President.
(C)Commission Staff. The Vice President may select an Executive Director of the Commission and
any additional staff he determines necessary to support the Commission.
(D)Designated Federal Officer. The Designated Federal Officer("DFO")will be a full-time officer
or employee ofthe Federal Government appointed by the GSA Administrator, pursuant to 41
CFR § 102-3.105 and in consultation with the Chair of the Commission. The DFO will approve
or call all Commission meetings, prepare all meeting agendas, attend all meetings, and adjourn
any meeting when the DFO determines adjournment to be in the public interest. Should the Chair
designate any subcommittees, the DFO will similarly approve or call all subcommittee meetings,
1
Draft of July 18, 2017

17-2361-A-006066

 prepare all subcommittee meeting agendas, attend all subcommittee meetings, and adjourn any
subcommittee meeting when the DFO determines adjournment to be in the public interest. In the
DFO's discretion, the DFO may utilize other Federal employees as support staff to assist the DFO
in fulfilling these responsibilities.
Section IV: Meetings
(A)In General. The Commission shall meet as frequently as needed and called and approved by the
DFO. The Chair will preside at all Commission meetings, unless the Chair directs the Vice Chair
to perform the duties of the Chair. Members who cannot attend meetings in person may
participate by means of conference telephone or similar communications equipment if all
Members can hear one another at the same time and members ofthe public entitled to hear them
can do so. A Member who participates by such means will be counted as present for purposes of a
quorum, and the Member may participate in any votes and other business as if the Member were
physically present at the meeting.
(B) Notice. A notice of each Commission meeting will be published in the Federal Register at least
15 calendar days before the meeting, except in exceptional circumstances. The notice will include
(1)the name ofthe Commission;(2)the time, date, place, and purpose of the meeting;(3)a
summary ofthe agenda, and/or topics to be discussed;(4)a statement as to whether all or part of
the meeting is open to the public and, if any part is closed, a statement as to why,citing the
specific exemption(s) of the Government in the Sunshine Act(5 U.S.C. § 552b(c))("GISA")as
the basis for closure; and (5)the name and telephone number of the DFO or other official who
may be contacted for additional information concerning the meeting.
(C)Agenda. The Chair or, at the Chair's direction, the Vice Chair, shall establish the agenda for all
Commission meetings. The DFO will prepare and distribute the agenda to the Members before
each meeting and will make available copies of the agenda to members of the public. Items for
the agenda may be submitted to the Chair by any Member. Items may also be suggested by any
member of the public.
(D)Quorum. Commission meetings will be held only when a quorum is present. For this purpose, a
quorum is defined as a simple majority of the Members(including the Chair)then serving on the
Commission.
(E) Open Meetings. Unless otherwise determined in advance, all Commission meetings will be open
to the public either in person as space permits or through electronic means as permitted by FACA
and its implementing regulations. Once an open meeting has begun, it will not be closed for any
reason. However, if, during the course of an open meeting, matters inappropriate for public
disclosure arise during discussion, the Chair shall order such discussion to cease and will
schedule the matter for closed session in accordance with FACA. All materials brought before, or
presented to, the Commission during the conduct of an open meeting will be made available to
the public. All such materials will be made available on the Commission's webpage as soon as
practicable.
(F) Activities Not Subject to Notice and Open Meeting Requirements. Consistent with 41 CFR
§102-3.160, the following activities ofthe Commission are excluded from the procedural
requirements contained in Sections IV(B)and (E):
1.

Preparatory work. Meetings oftwo or more Commission Members or subcommittee
Members convened solely to gather information, conduct research, or analyze relevant
2

Draft of July 18, 2017

17-2361-A-006067

 issues and facts in preparation for a Commission meeting, or in draft position papers for
deliberation by the Commission; and
ii.

Administrative work. Meetings oftwo or more Commission Members or subcommittee
Members convened solely to discuss administrative matters of the Commission or to
receive administrative information from a Federal officer or agency.

(G)Closed Meetings. Meetings ofthe Commission will be closed only in limited circumstances and
in accordance with applicable law. Where the DFO has determined in advance that a Commission
meeting will disclose matters inappropriate for public disclosure, an advance notice of a closed
meeting will be published in the Federal Register in accordance with G1S.A.
(B)Hearings. The Commission may hold hearings to receive testimony or oral comments,
recommendations, and expressions of concern from the public. The Commission may hold
hearings at open meetings or in closed session in accordance with the standards in these By-Laws
for closing meetings to the public. The Chair may specify reasonable guidelines and procedures
for conducting orderly hearings, such as requirements for submitting requests to testify and
written testimony in advance and placing limitations on the number of persons who may testify
and the duration of their testimony.

(I) Minutes. The DFO will prepare minutes of each meeting, distribute copies to each Member,and
ensure that the Chair certifies the accuracy of all minutes within 90 calendar days of the meeting
to which they relate. Minutes of open or closed meetings will be available to the public, subject to
the withholding of matters which are exempt from disclosure under applicable law. The minutes
will include:(1)the time, date, and place of the Commission meeting;(2)a list of the persons
who were present at the place of the meeting;(3)an accurate description of each matter discussed
and the resolution, if any, made by the Commission regarding such matter; and (4)a copy of each
report or other document received, issued, or approved by the Commission at the meeting.

(j) Public Comment. Subject to Section TV(E), members of the public may,at the determination of
the Chair, offer oral comment at any meeting open to the public. The Chair may decide in
advance to exclude oral public comment during a meeting, in which case the meeting
announcement published in the Federal Register will note that oral comment from the public is
excluded and will invite written comment as an alternative. Members of the public may submit
written statements to the Commission at any time.
Section V: Voting
(A)In General. When a decision or recommendation of the Commission is required, the Chair shall
request or accept a motion for a vote. Any Member, including the Chair, may make a motion for a
vote. No second after a proper motion will be required to bring any issue or recommendation to a
vote. A quorum must be present when a vote is taken.
(B) Voting Eligibility. Only the Members, including the Chair, may vote on a motion.
(C)Voting Procedures. Votes will ordinarily be taken and tabulated by a show of hands or by voice
vote.

3
Draft of July 18, 2017

17-2361-A-006068

 • ';',;.KAP.IriRNO:V.,WM-gtT!IPAZO.74.4517;701AVANT:4fiVgiAal- ai?Wi-68Z42Vii'aVa'AZ

Section VT: Subcommittees
The Chair of the Commission, in consultation with the DFO, is authorized to create subcommittees as
necessary to support the Commission's work. Subcommittees may not incur costs or expenses without
prior written approval of the Chair or the Chair's designee and the DFO. Subcommittees must report
directly to the Commission, and must not provide advice or work products directly to the President or any
other official or agency.
Section VII: Administrative Support and Funding
Pursuant to Executive Order 13799,to the extent permitted by law, and subject to the availability of
appropriations, the General Services Administration 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, to the extent permitted by law and on a reimbursable basis. However,the
President's designee will be responsible for fulfilling the requirements ofsubsection 6(b) ofthe FACA.
Section VIII: Records
The records of the Commission and its subcommittees shall be handled in accordance with the
Presidential Records Act of 1978 and FACA.
Section IX: Termination
The Commission shall terminate no more than two(2)years from the date of the Executive Order
establishing the Commission, unless extended by the President, or thirty(30)days after it presents its
final report to the President, whichever occurs first.
Section X: Amendment of By-Laws
Amendments to the By-Laws must conform to the requirements of the Executive Order, charter
establishing the Commission, and FACA,and be agreed to by two-thirds of the Members. The DFO must
ensure that all Members receive a copy of the proposed amendment before any vote is taken on it.

4
Draft of July 18, 2017

17-2361-A-006069

 Message
From:
Sent:
To:
Subject:

von Spakovsky, Hans[Hans.VonSpakovsky@heritage.org]
6/29/2017 3:48:57 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
NRO article on voter ID study that debunked earlier study

http://www.nationalreview.comiarticle/448765/hillary-clinton-wisconsin-voter-suppression-claim-dubious-excuseflawed-campaign

NATIONAL REVIEW
No,Hillary, Voter-ID Laws Don't 'Suppress' Turnout

Mrs. Clinton maligns Wisconsin's effort to protect the integrity of its elections in an attempt to excuse her own fatally flawed
campaign.
By Hans A. von Spakovsky & Benjamin Janacek — June 20, 2017

H

illary Clinton just doesn't know how to lose gracefully. She does, however, have a knack for coming

up with ever more inventive excuses for her loss to Donald Trump.
Just last month, she chalked it up to "voter suppression" in Wisconsin. This spurious claim was a reference
to the Badger State's common-sense voter-ID law, which has been upheld by the courts. It followed on the
heels of a tweet from Wisconsin's Democratic senator, Tammy Baldwin, claiming the law had reduced
voter turnout by 200,000 statewide.
Both claims relied on a study commissioned by Priorities USA Action and conducted by CIVIS USA,two
liberal groups that actively supported Clinton's presidential bid. Unfortunately for Clinton and Baldwin,
though, the study has been roundly debunked.
Politifact rated Baldwin's claim as "Mostly False," asserting that "experts . . . question the methodology of
the report and say there is no way to put a number on how many people in Wisconsin didn't vote because
of the ID requirement."
While it is true that 2016 saw Wisconsin's turnout drop from 2012, it is also true that the state still
experienced higher turnout than in 2008, before the voter-ID law was passed. Moreover, according to the
U.S. Elections Project, Wisconsin had the fifth-highest turnout rate in the country,far higher than that of
many states with no ID requirement. 69.4 percent ofthe state's eligible voters showed up to the polls, far
surpassing the national average of 59.3 percent and the 56.8 percent rate in Clinton's home state of New
York, where there is no voter-ID law.

17-2361-A-006070

 Wisconsin's turnout decrease from 2012 is just as likely, or more likely, attributable to a natural regression
from its unusually high 2012 turnout rate. President Obama's high-powered turnout operation, coupled with
Wisconsin's own Paul Ryan being on the GOP ticket, would easily explain the 2012 surge in statewide
voter turnout. Hillary Clinton's ineffective campaign, her decision not to visit the state, and the general
leftward shift ofthe Democratic party may also have dampened enthusiasm for her candidacy.
Democrats have generally admitted that they failed to connect with blue-collar workers in 2016. In fact,
their party chairman, Tom Perez, has organized a year-long outreach program to try to rectify the problem.
Unfortunately for Democrats,these voters are highly concentrated in Rust Belt states, such as Wisconsin,
Michigan,Iowa, Minnesota, Ohio,and Pennsylvania, that proved especially susceptible to Trump's
economic message. None ofthose states saw any increase in voter turnout, but it wasn't because of voterID laws, which vary widely among them; it was because Clinton failed to rally their working-class voters to
her side, convinced that she could rely on Obama's winning coalition from 2008 and 2012 to put her over
the top.
The problem with that strategy was two-fold:(1)The voters ofthe Obama coalition make up
disproportionately high percentages of state populations in already deep-blue states such as New York and
California; and (2)they were not nearly as enthusiastic about Clinton as they had been about Obama.
FiveThirtyEight's David Wasserman warned last September that the demographic groups the Clinton
campaign was targeting were concentrated in non-swing states. The Clinton campaign failed to heed that
warning.
In fact, turnout data from 2012 and 2016 do not show any "voter suppression" because ofID requirements.
Nine ofthe eleven states that have implemented so-called strict ID Laws either saw an increase in turnout
or exceeded the national average in turnout in 2016. Two ofthem, Wisconsin and New Hampshire,finished
in the top five nationally. Meanwhile only two ofthe 17 states plus Washington, D.C., that have no ID
requirement finished among the top five.
In short, there is no credible evidence that voter-ID laws have impeded turnout, especially among
minorities and Democrats, as their opponents suggest.
The debunked Wisconsin study is, unfortunately, not alone in misusing the data for political gain. A
January 2017 study by three professors from the University of California San Diego and Bucknell
University — frequently referenced in liberal media outlets — is another unfortunate example. The study
erroneously claims that voter-ID laws have a disparate impact on minorities and "diminish the participation
of Democrats and those on the left, while doing little to deter the vote of Republicans and those on the
right." This sensational finding generated a media storm, with the help of several opinion pieces from the

17-2361-A-006071

 authors making the politically charged (and false) claim that voter-ID laws "lower minority turnout and
benefit the Republican Party."
But these claims, too, were recently debunked by a group of professors from Yale, Stanford, and the
University ofPennsylvania. Upon examining the data in the original study, the group found "no definitive
relationship between strict voter ID laws and turnout." It also found that the original study contained
measurement errors, omitted-variable bias, and misinterpreted data.
In reality, then, such studies are designed to obscure the truth. The Heritage Foundation has published
numerous papers looking at turnout data in states that implemented voter-ID laws. All ofthose studies
show that ID requirements do not keep voters from the polls, and that some states have even seen increases
in turnout after their ID laws went into effect. A University of Missouri study found that Indiana's turnout
increased 2 percent after its voter-ID law was implemented, with no negative impact on minority voters in
particular, and increased turnout for Democrats as a whole. Yet another study, this one by the University of
Delaware and the University of Nebraska-Lincoln,found that at both the aggregate and individual levels,
voter-ID laws did not affect turnout across racial, ethnic, or socioeconomic lines during the 2000, 2002,
2004, and 2006 elections.
In short, there is no credible evidence that voter-ID laws have impeded turnout, especially among
minorities and Democrats, as their opponents suggest. Meanwhile, a Heritage Foundation database tracking
documented voter fraud now contains 492 cases and 773 criminal convictions, with untold other cases
unreported and unprosecuted.
It is thus more important than ever that we implement voter-ID laws, while also taking steps to prevent
non-citizens and individuals registered in multiple states from voting. Across the country, as Heritage's
database shows, voter-fraud convictions include everything from impersonation fraud and false
registrations to ineligible voting by felons and non-citizens. American voter fraud continues apace, and the
United States remains one ofthe only democracies in the world without a uniform requirement for voter
identification.
Ax-grinding politicians such as Clinton and Baldwin will doubtless continue to malign ID laws. But their
spurious claims have not dissuaded state officials from trying to protect the integrity oftheir elections.
Most recently, Arkansas instituted a law that requires voters to either show an ID when they vote or cast a
provisional ballot and provide ID by the Monday after the election. After a long and contentious court
battle, Texas recently amended its voter-ID law to require either photo ID or other documents listing the
voter's name and address. And even as Clinton was losing at the polls, Missouri voters last year
overwhelmingly approved a constitutional amendment that allows the state to require voters to prove they
are whom they say they are when they vote, reversing a faulty decision by the state's Supreme Court.
17-2361-A-006072

 It is vital that states not let the politically expedient, dubious claims of Democrats hamper the important
task of securing our elections' integrity. Otherwise, our ability to function as a democratic republic will be
imperiled.
— Hans A. von Spakovsky is a senior legalfellow and Benjamin Janacek is a member ofthe Young
Leaders'Program at the Heritage Foundation.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006073

 !Cossack, Andrew
From:
Sent
To:
Cc:

Christian Adams <
Wednesday, October 25, 2017 7:26 AM
Kris Kobach'
Kossack, Andrew J

Subject:
Attachments:

[EXTERNAL] Pennsylvania Hearings Today on Non-Citizen registration
2017.10.23 PA SOS NVRA Request.pdf

Andrew and Kris:
Today the Pennsylvania House of Representatives is holding hearings on the
problem of alien registration in the Commonwealth. For those of you who
follow these matters nationwide, Pennsylvania was recently discovered to
have serious failures in voter registration procedures that allowed large
numbers of aliens to get on the voter rolls in the Motor Voter process.
Their presence was undetected for many years, and about a third of them have
been casting ballots. That this happened is not subject to any credible
dispute. The Pennsylvania Secretary of State resigned after the facts were
revealed.
Understanding how this happened and what practices should be in place to
prevent it would be an extremely worthwhile exercise for the Commission.
Today, Noel Johnson, an attorney at my organization is testifying before the
Pennsylvania House State Government Committee about these problems. Our
organization first discovered the presence of aliens on the voter rolls in
Philadelphia earlier in 2016, and it turns out aliens on the rolls was a
statewide problem and not confined to Philadelphia. We have been examining
this issue carefully nationwide and you will recall our preliminary report
about New Jersey - Garden State Gotcha - was submitted for the record at
our New Hampshire hearing. The reasons why aliens are getting on the rolls
are many, and it would seem something that no reasonable election
administrator would want to ignore.
Yesterday my organization submitted the attached NVRA Section 8 inspection
request to Pennsylvania. We hope the results will reveal the failures that
resulted in thousands of aliens getting on the rolls and voting, and will
provide facts that allow us to recommend procedures so it does not happen
again. Its an excellent opportunity for the Commission to demonstrate it
is serious about fixing real, undeniable, and significant illegal
registration and voting. Perhaps staff can develop a similar information
request about all of the problems which have plagued alien registration in
Pennsylvania for over a decade. Perhaps the Commission can focus on
something that no reasonable American would want to have happen, as happened
in Pennsylvania. Rather than ignore or minimize this empirical problem, I
would suggest we examine it.
Thanks everyone, and look forward to seeing you soon.
17-2361-A-006074

 J. Christian Adams

2 

VIA EMAIL,FACSIMILE
October 23,2017
Mr. Jonathan M.Marks
Commissioner, Bureau of Commissions,Elections and Legislation
Pennsylvania Department of State
210 North Office Building,401 North Street
Harrisburg,PA 17120
Email:
Fax:
NVRA public disclosure request
Dear Disclosure Officcr(s):
I am writing to request inspection or copies ofrecords related to your office's voter list
maintenance obligations under the National Voter Registration Act of 1993(NVRA).
The National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq.,requires your office to
make available for public inspection "all records concerning the implementation ofprograms and
activities conducted for the purpose ofensuring the accuracy and currency ofofficial lists of
eligible voters." 52 U.S.C. § 20507(i).
Pursuant to Section 20507(i)ofNVRA,I request that your office reproduce or provide the
opportunity to inspect the following records contained within SURE:
1. Documents regarding all registrants who were identified as potentially not satisfying the
citizenship requirements for registration from any official information source, including
information obtained from the various agencies within the U.S. Department of Homeland
Security and the Pennsylvania Department of Transportation since January 1,2006. This
request extends to all documents that provide the name ofthe registrant, the voting
history ofsuch registrant, the nature and content of any notice sent to the registrant,
including the date ofthe notice, the response (if any)ofthe registrant, and actions taken
regarding the registrant's registration (ifany)and the date ofthe action. This request
extends to electronic records capable of compilation.
a. This request includes all voter records that were referenced in recent news media
reports regarding individuals improperly exposed to registration prompts due to a
"glitch" in PennDOT's Motor Voter compliance system. At least one news report
claims that"a Pennsylvania Department of State review is underway."1 I seek all
voter records contained in this review.

The Philadelphia Inquirer; Glitch let ineligible immigrants vote in Philly elections, officials say(September 20,
2017), http://www.phillv.cominhillyinews/nolitics/city/philly-voter-frand-trump-immigrants-registrationcommissioners-penndot-20 I 70920.html

17-2361-A-006076

 2. All documents and records ofcommunication received or maintained by your office from
registered voters, legal counsel, claimed relatives, or other agents since January I,2006
requesting a removal or cancellation from the voter roll for any reason related to non-U.S.
citizenship/ineligibility. Please include any official records indicating maintenance
actions undertaken thereafter.
3. All documents and records ofcommunication received or maintained by your office from
jury selection officials—state and federal--since January I,2006 referencing individuals
who claimed to be non-U.S. citizens when attempting to avoid serving a duty call. This
request seeks copies ofthe official referrals and documents indicating where your office
or local registrars matched a claim of noncitizenship to an existing registered voter and
extends to the communications and maintenance actions taken as a result that were
memorialized in any written form.
4. All communications regarding list maintenance activities relating to #1 through 3 above
to appropriate local prosecutors, Pennsylvania Attorney General, Pennsylvania State
Police, any other state law enforcement agencies, the United States Attorney's office, or
the Federal Bureau ofInvestigation.
Understanding that federal file retention laws may impact some disclosures, an optimal grouping
ofdocuments presented per registered voter disclosed would contain the following:
• The completed voter application form (redacted where necessary to prevent disclosures
of claimed Social Security number and signature);
• Referral documents/transmissions for new or updated voter registration applications
provided by state agencies charged with National Voter Registration Act(Motor Voter)
duties;
• Records indicating the "voter profile" or "voter view" or similar feature provided within
the Statewide Uniform Registry ofElectors(SURE)which details all information kept
per voter, to include but is not limited to:
o Full name on file (including previous names)
o Date ofbirth
o Voter ED number
o Voter registration date (including previous dates ofregistration)
o Date of last maintenance/update action
o Reason code(s)for previous maintenance action(s)
o County ofregistration
o Detailed address information history (residential and mailing)
o Political party designation history (if claimed/recorded)
o Registration method history (e.g. self, NVRA agency transaction, third-party, etc.)
o Assigned voting districts history
o Election participation history in full
o All internal memoranda stored within each "profile"

17-2361-A-006077

 • All letters, postcards, and other mailings sent or maintained by your office to the voter in
question with notations for types of postage or method ofdelivery indicated where
possible;
• All letters, emails, logged phone calls, documents, and other communications from the
voter in question maintained within SURE—including those communications from legal
counsel or claimed relatives on their behalf;
• All documents your office may receive or maintain from federal entities to include but
are not limited to the U.S. Department of Homeland Security/USCIS detailing inquiries
regarding registered voters;
• All documents and communications contained in SURE between the registered voter in
question and county registration officials with respect to pending immigration matters;
and
• Any documents contained in SURE that were sent to the voter to require that an
affirmation of citizenship or noncitizenship be given in writing with responses included,
where applicable.
Should your office require any examples ofthe above data collected via NVRA request in other
jurisdictions, I would be happy to supply them in electronic format.
If you would like to produce these requested documents in paper or digital form, I can dispense
with the need to visit your office for inspection. I will be in Harrisburg on October 25,2017 and
would be available for a brief office visit to take delivery ofresponsive documents or further
discuss this request, if necessary. My contact information is provided below.
Thank you for your service on this matter.

Sincerely,
Noel Johnson
Litigation Counsel
Public Interest Legal Foundation
Telephone

17-2361-A-006078

 !Cossack, Andrew
From:
Sent:
To:
Cc:

Christian Adams <
Monday, November 13, 2017 1:55 PM
Kossack, Andrew J.

Subject:

[EXTERNAL] Commission Action Request

Andrew:
I would suggest that you request as soon as possible the annual report of
the Election Crimes Branch over at the Criminal Div for 2016. It has not
been posted at the DOJ website yet and is usually available by now.
I would strongly suggest you request form the same office the number of
voter fraud cases prosecuted over the last 9 or 10 years. As far as I can
tell, there has not been a single prosecution whatsoever for any double
voting or any non-citizen voting. I know with certainty that multiple
instances of double voting and alien voting have been brought to the
attention of the appropriate federal officials, and no action has been
taken. Of course when you don't prosecute crimes, you tend to have more
crimes. The cross check program in which at least two Commission members
participate has yielded a demonstrable inventory of potential double voting.
It is not possible that every single one of those is a false positive, and
those that are not represent likely federal felonies. I know in some
instances these matches were brought to the attention of the appropriate
federal officials. Understanding the extent of un-prosecuted and known
election crimes can inform the Commission's recommendations.
To summarize:
1) Would you please take steps to request from the Election Crimes Branch of
the Justice Department their report that should have been produced for CY
2016 regarding election crimes.
2) Would you please take steps to request from the OPA or the Election
Crimes Branch (or both) the aggregate number of voter fraud prosecutions
from 2008 to present by category, particularly for non-citizen voting and
double voting.
Christian Adams

17-2361-A-006079

 Kossack, Andrew
From:
Sent:
To:

Christian Adams
Monday, November 20, 2017 4:55 PM

Subject:

[EXTERNAL]Suggested data request for Commission

Andrew and Kris:
I would suggest that when you have the opportunity,that the Commission should obtain some public information prior
to our next meeting.
You may recall that shortly before our Sept. 12 New Hampshire meeting, the Public Interest Legal Foundation released a
preliminary report finding 616 non-U.S. citizens in the state of New Jersey in the voter registration system. A copy of the
initial report entered into the record on September 12 can be found, here. The figure is no doubt under-inclusive as it
represents only those who admitted to their foreign citizenship status.
After our last meeting, we completed our survey of every New Jersey county, a survey that was merely in-progress on
September 12. The results should be of interest to the Commission.
The completed survey of self-reported alien voter registration in New Jersey nearly doubled the preliminary finding. In
all, 1,069 noncitizens were given unique voter identification numbers. Many of them managed to vote, sometimes
repeatedly. Seventy-five percent of these cases resulted from a flawed Motor Voter transaction system —typically from
the DMV and community college admissions documents. Based on the records returned, PILF could comfortably
determine that pending naturalization applications were the core drivers for noncitizens to self-report their unlawful
registration.
Registration and voting by noncitizens violates both state and federal law, and are grounds for removal under 8 U.S.C.
1227(a)(6). Our systems should work better for the sake of citizens and immigrants alike. After all, even when an alien
unwittingly registers to vote, they are jeopardizing their efforts to naturalize.
The Commission should:
1. Gathering similar cancellations/deletions of noncitizen registration like those found in the New Jersey
survey. This isn't complicated, and I am surprised that nobody attempted to catalog this before PILE began
doing so in 2016. Federal law already provides any requestor full access to this information in all but six states.
2. Contact the U.S. Customs and Immigration Services to access metadata or reports, where available, involving the
number of applicants for citizenship whose applications were frozen, denied, or approved given their answers to
questions involving registration and voting activity. Question 12 on the N-400 federal form specifically gathers
such information from each prospective American. Many applicants note they have been registered to vote and
are voting. We should find the actual volume on federal records. Who could deny this is relevant information to
the extent of problems with election integrity and squarely within the charge of the Commission?
3. Obtain from the Executive Office for Immigration Review of the Justice Department of all current and past
immigration court cases where aliens were considered removable due to their unlawful participation in elections
under 8 U.S.C. 1227(a)(6).
1

17-2361-A-006080

 4. We should discuss building a survey or interview framework for each of the states subject to the NVRA to
identify best practices and Motor Voter configurations in need of upgrades/fixes. I raise this issue in light of
recent revelations in Pennsylvania, where state officials admitted that their registration system offered voter
registration opportunities to all driver's license customers--even those with Green Cards--dating back to the
mid-1990s. The state official responsible for the statewide election system resigned subsequent to the
revelation that aliens were systematically getting on the voter rolls. It's worth noting that a cursory search of
the most vocal critics of the commission in the mercenary media have failed to mention the circumstances in
Pennsylvania even once, as if they do not exist.
I realize you have quite a bit to do right now. But beginning to do real research about the extent of alien registration
and voting isn't difficult, and shouldn't be controversial. After all, who wouldn't want to improve a system that is
showing real empirical flaws?
I'm happy to discuss with any of you this suggestion.
J. Christian Adams

2

17-2361-A-006081

 From:
To:
Subject:
Date:

Quin Hillyer
Catherine Encielbrecht; john fund; Hans A. von Spakovsky; Kobach, Kris W. Kris Kobach
on the vote commission, and vote fraud in general
Tuesday, July 18, 2017 12:31:03 PM

http://www.libertyheadlines.com/left-collectively-denies-obvious-vote-fraud/
Best wishes,
Quin

17-2361-A-006082

 Presidential Advisory Commission on Election Integrity

Organizational Conference Call
June 28, 2017
11:30 a.m. ET

Call Agenda
1. Welcome Remarks — Chairman, Vice President Pence
2. Overview of Presidential Advisory Commission on Election Integrity — Vice Chairman,
Secretary Kris Kobach; Mark Paoletta, Counsel to the Vice President
First Meeting —July
- Location: Washington, D.C.
- Agenda
- Overview of Election Integrity Commission staff
- Andrew Kossack
- Ron Williams
- Support from the General Services Administration
- Future meetings
- August, September/October, November/December, February
- Information Requests
3. Financial disclosures — Matt Morgan
4. Questions from Members

17-2361-A-006083

 Page 1 of2

Print

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To:'Kris Kobadl'
Christy McCormick
david@capitoipartnersar:com, Mark Rhodes
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tthw.dunap@rov,"King, Aion" -4kingaiaccalorg>,David Donn
Cc:"Psolettas Mark R.EOWOVP" <Mark,R<PaoleneRevie.eop,gov>,"Morgan, Mat:111m E,
EOPIOVP" <Maffium.E,MorwarK'skiwp.eop.gor,-.'Williams, Ronald 3 EOPIOVP"
<Rohold.E.Williamsgovpscop.gov>
Subject: RE: ethics rerniader regarding teaching,elleakirte, and writing

Dear Members,

The agenda for next vatek's meeting is ottoche4. We plan to Nst this publicly tomorrow, If you
NM any twestions, please, let me know.

Thanks,
Mdrew

httpsAng.rnatisyahoo,comineollanoch?.rand-erivbaolgpgis

17-2361-A-006084
912i/2017

 Page 2 of2

Andrew J.Kossack
Executive Direttor, Presidential Advisory Commission o

tk tntegthy

Associate Cou.asel, Office athe Vice i?rvdtlerAt
Ceik 202,881,8797
Erna& Andrew„3,Kossack@ovp,eop,gov

Attachments
Agenda for Sept, 12th Meeting.pdf(481.84KB)

httpellingv nialLyalwo,comineonahicb?•rand'vrivban3gPrtis

17-2361-A-006085
9/2 /20I7

 David Scanlan
From:
Sant
To:
Cc

Susan Moly
Sunday,July 02,2011 4:29 PM
Variam Gardnaf
-Ali Repros>zatat.Wg: David Stargart "attorneygentral@dol.rth,gov";

eifxticaltaw@doj.nn.gov; robertannbrotteev,n,nhgoti
subject:

Open letter to the Secretary of Stare about

work on the voter fraud ttimtrision

What kW of"fraud" will the voting fraud commission find? You should protest their creation of a massive
national database - which understand may be against federal law - before the commission even checks to set
whether they can got ortoush data to do even the first match(Rue and name)— end whether that would land
them with so many %Ise positives they'd be pursuing this inquiry for iC ,stertra, Read on
I)WhitePages is 124 Susan Smiths in NH and 1091 in CA. Susan was the most common female baby name
in 1946_ Does that mean that every voting Susan Smith in NH voted maybe 15 times there and 100 in
CA? Now try Jose Hernandez.,
la) What alsmithm are you going to use, where you have last-4 SSNs? Experian once equated me with another
Susan, different last name,address history, work history but I digit off between our SSNs. Algorithm said
maybe the data Nricher made a digit mistake,and women change their last names. Don't you dare stretch the
algorithm!
2)Jerrod Ploot votes in Smalhown,moves to Smallburg, where he registers to vote., votes, and moves year
later to Tinytown, re registers and votes the next you'. it doesdt even occur to him his small towns haven't
updated the voter list, hes only voted once each time, His state hasn't got a foolproofsystem in place to get
towns to fix the lists every election. I haven't heard that NH has solved the prnblem, with all our tiny
towns. Are you going to use Ploors wane on the three voter rolls to claim he voted three times in the same
tion?
Stop the commission from wasting public moneyi If they have to pursue a claim with no existing evidence just
because a person in power wants to believe in it, make sure the commission only uses actual votes. Then they
will waste a lot more of our money following tip every single Susan Smith or Jose Hernandez ofthe same age
find out if they're the same person. NH should know how much time this takes, since even following up the NH
voters who register stame-day and then move die soon dm voting takes you so long We had to increase the
budget at the Aas and SoS,
The commission should find out first what the states can ofier, and then figure out if they can use the data
meaningfully, without implicit bias, before demanding compliance,. This smells of 1984, And ofquagmire and
waste.
Rep, Susan Ahoy,Lebanon
Retired Socio-economist

Sent from BlueMail ibr iPad

17-2361-A-006086

 David Scanlan
From
Sent
To:

Subject

4adadadadadak4044444444444440.0974/"MY ,
'"):
,M4'..0!"7:1MRPARPARPAS

i7..dwat'cia, „less.4.lestadwardseleg.statenitus›
Sunday,ky 02, 2017 4.,S1 PM
Ally, Susan; Watn Gardner
David Scanlan; "attornaygerietai@doi.ellgovH; elettionlawtOdoinh,gov;
robertambreseOsos.rth,00v
PI; Open letter to the Secretary of State a'nout his' wo n the voter frnud cornmon

I'm in for of full omperation with this Eflatora effort.
Ever sifICe the stories of .3FK. vote buying in West Virginia up through the massive voter registration frauds of the 200B &
2012 eVotiorts, there are Republicans who worry that their franchise la being atoien from them That the: most corrupting
of influences have infected the vote itself,
It is time to investigate that 0011a$11 fully and openly,.
'Where there is fraud, lees prosecute it and stop it
Where these is no fraud, lets let the sunshine brightly to eradicate the fears,
Best Regards,

Jess Edwards
NH State Representative(Auburn, Chester,%Mown)
Health, Human Services, & Elderly .Affaits Ct..lremittee
Vice Chair, NH Generai Cowl Veterans Caucus
Rockinoharn County Long-Term Care Services Committee
Auburn Planning Board
VAMC-Manehester Vietual Medicine Projed Team
American Legislative Exchange Council Health and Human Services Teak Force
(603)370-7138.5
;lesIgeiwardsfalvmstate,rth,us
Profile; htto://teer,ourt,staie,titurs/house/mLirrataimember,asPx?mehtem408:392
Front Susan Amy
Sent Sunday, 3uly 02, 2017 4'.2.9 PM
Tat williait,nardwOsos,nh4ov
Ce Afl Representative5; david,scaritanasos,nh,gov; "gtgrilvoene larg„Agilrilmr"; electioniewAiglantimy.;
robert,ambroselasos,nh,gov
Subject Open letter to the Secretary of State about his wotk on the voter fraud crimmission

What kind of"fraud" will the voting fraud commission.find? You should protest their creation of a massive
national database which / understand may be against federal law - teom the commission evert checks to s'ae:e
whether they can mt enough data to do even the first Math (age and name)— and whether that would land
them with so many false posiiives dared be pursuing this inquiry tbr 100 years. Read on>.
1)Whitaages list 124 Susan Smiths in NH and 1091 in CA. Susan was the most gammon fernale baby name
in 1946. Does that mean that every mina Susan Smith in NH voted ;maybe 15 limes there and 100 in
CA? Now try Jose liernandez.,
la) What algorithm are you going to uses here you have last-4 SSNs? Experian once equated me with another

17-2361-A-006087

 Susan,different last name, addresa his.tory, work history but t dtof betwe,en our SSNs. Algorithm said
maybe the data puncher made a digit mistake, and women change their last names, Don't you dare stretch the
algorithm!
2)Jerrod Moot votes in Smalltowit, moves to Sinaliburg,,vhere he registers to vote, votes,and moves a year
later to Tinylowa,rergter nd votes the nest year. It doesn't even oceur to him his small towns haven't
updated the voter list, he's only voted one each time, His state hasn't got a foolproofsystem in place toe„et
towns to fix the lists every election. I haven't heard that NH has solved the problem, with all our tiny
towns, Are you going to use Ploot's name on the three voter rolls to claim he voted three times. in the same
election?
Stop the commission from wasting public money1 If they have to pursue a claim with no existing evidence just
because a person in power wants to believe in it, make sure the commission only uses actual votes. Then they
will waste a lot more of our money following up every single $usan Smith or Jose Hernandez orthe same age
find out if they're the same person., NH should know how much time this takes, since even fhllowitts up the NH
voters who fegider Ilarna.day and then move/die soon after voting takes ;you so long we had to increase the
budget 31 the Aas and SoS,
he commission should find out first what the states can offer, and then figure out if they can use the data
meaningfully, without implicit bias, before demanding compliance. This smelfr of 1984. And of quagmire and
waste,
Rep, Susan Airny, Lebanon
Retired Socio-oc,sonornist

Sent from Likshi,gii,for iPad

17-2361-A-006088

 David Scariless

-"A:tamak,

Lynne Ober
hitonday, July OS, 2011 7:33 AM
'Susan Mny
David Sr;attorrieygentral@doi,nttgiov; WWmGardner
RE:Open letter to the Secretary of State aboot Ns work on the voter fraud commission

Front
Sent
Cc
Subject;

Susan,
Perhaps you have never traveled so never needed a passport. Perhaps you MI choose not to get a Real 10 Drivees
License
However,if you have a passport, as do(and have had for more than St)VW rs)., or if you choose to get a Reai 10 Driver'S
License, you will be required to provide your social security number,
0,M.S,S whet?

That's where the massive n:ational database is getting its datL

Try not.to focus so much on the minute detail that you overlook the very large forest.
Lynne Ober
State Representative
Hills 37
korril Susan Alien
Sent: Sunday,July t2,2017 429 PM
williarri.gardner@ans.nh,gov
Cc:-All Representatives .cbsgasElegAtate..hh.;36'); david,scanlanCbsos.rlh,goz attol,;•ievyt w•MPtioi.rdtgoy
mbiltattesmows.rg!),:;lov
<attcirneygene iadoi.n h.eo
of
State
about
his
work
on the voter fraud commission
Secretary
Subject Opeairs letter to the

What kind of"fraud" vAll the voting fraud commission find? You should protest their creation of a reasahte national
database which understand may be against federal law before the MilrflSiO0 even ehecka to see whether they cen
get enough data to do even the first match(age and namel and whether that wouid land them with so many false
positives they'd be pursuing this inquiry for 100 years, Read on„
1) WhitePages lists 124 Susan Smiths in NH and 1091 in CA, Susan was the most common female baby name in
1946, Does that mean that everyvoting Susan Smith In NH voted maybe 15 times there and 100 in CA? Now try Jose
Hernandezla)What algorithm are you going to use, where you have last.4 SSW? Experian once equated me with another Susan:
different last name,address history,work history but 1 it off between or SSNs. Algorithm said maybe the data
puncher made a ,t0git mistake, and women change the iast nemes, Don't you der stretch the eigorittent
2 errod Ploct votes in SiTtalitown, moves to Smailburg, when he resisters to vote, votes; and mown a year leter
it doesn't even occur to him his smell towns haven't updated the voter
ist, he's only voted once each time. His state hasn't got a foolproof system in place to get towns to fix the lista every
election, I haven't heard that NH has solved the problem, with all our tiny towm Are you going to use Ploot's name on
the three voter rolls to claim he voted three times in the same election?

Tiraytewrs, re-registers and votes the next year,

17-2361-A-006089

 Stop the COMMISSiall from wasting piblit money! if they have to pursue a claim with no existing evidence just baCauSe a
person in *power wants to believe in it, make SUM the commission only uses actual votes,. Then they will waste a lot
more of our money following up every single Susan Smith or knze Hernandez of the same age find out if they're the same
parson., NH should know how much time this takes, since even following up the NH voters who register sarne-day and
then moveldie s000 after voting takes you so iong we had to increase the budget at the AG's and So&
The commio.ion shouid find out first whet the states cao offers and then figure out If they cen use the at
wtthout implicit bias, before demanding compliance This smells of UK An 01 quagmire and we.

eenfuy
gf

Rep. Susan.Any,i.abanori
Retired Socio-econbmirt

Sentfrom ALLe,tylta tor Pati

17-2361-A-006090

 David Scanlan

/;999999995:

zzzzzzAW2,
,,

.45555656666666666

SUSAN AWN
Monday„My.
03, 2017 4;01 PM
Lynne Ober
atiorrimeaeralColoh,gov; Wira it3ardrsr; David
RE: Open letter to the $eeretaty of St4tf.$, about his work on the voter fraud commission

From;
Sent
Tcg
Cc
Stgbject

Lynne, lived 22 yews overseas. Thank you,/ am debating renewing my passport so as not to have to add a
REALM Bat you apparently did not read below the first paragraph.
On July 1,2017 at 7:33 AM Lynne Ober

WrOte;

Susan,
Perhaps you have never traveled so nme'er needed a passport. Perhaps yot1 will choose not to get

a Real ID Driver's License,

Howtver.„ if you have a passport, as I do(and have had for more than 50 ylmrs), or if you choose
to pt a Real ID Driver's license, you vs411 be rewired to provide your social aceuTity number

Guess what? That's where the massive national database is getting its data,

Try not to focus so much on the minute detail that you overlook the very lame forest.

Lynne Ober
State Representative
Hills 37

From:Susan Almy

Sent: Sunday, July 02., 2017429

• 1?:v.i

willin,nardneresoszlida
. t*
Cc —Ali Representatives <hrepsMee.state.nhAr,3>; ssiavidscag matiautagy,

attornevueneral(bdanfulov <attoracyttenerek.d.ginimoy,>;
robertarobroseQsos.ah.gov
Subject Open letter to the Secretary of State about bis work on the voter fraud commission

17-2361-A-006091

 What kind of{lfraud will the voting fraud commissiori find? You should protest their creation
ofa massive national database which I understand may be against federal law before the
wtnitision evel checks to see whether they can get ertough data to do even the tint match(age
and name) and whether that would and them with so many false positives they'd be pursuing
this inquiry for WO years, Read on...
WhitePages lists 124 Susan Smiths in NH and 1091 in CA, Susan WfV, the most common
female baby name in 1946. Does that mean that every voting Susan Smith in NH voted maybe
15 times there and 100 in CA? Now ty Jose Hernandez.,
la)What algorithm are you going to use, where you have last4 SSNs? Ean once equated
me, with another Susan,different 135t name,address history, work history but 1 digit off between
our SSIN1s, Algorithm said maybe the data puncher made a digit mistake,and women change
their lam 3).4t110, DOA% you dare stretch the algorithm!
2).1e-trod Ploot votes in Smalitowit, moves to Smailhurg, where he registers to votes votes, and
moves a year later to Tinytown, re-registers and votes the next year. It doesn't even occur to him
his small towns haven't updated the voter list, he's only voted once each time, ifis slam hasn't
got a foolproofsystem in place to get towns to fix the lists every election. I haven't heard that
NH has solved the problem, with all our tiny towns. Are you going to use Ploofs name on the
three voter roils to claim he voted three times in the same election?
Stop the commission from asting pubfle money t Ifthey have to punue a claim with no
vninirig evidence just bemuse a person in power wants to believe in it, make sure the
wool/164m only uses actual votes. Then they will waste a lot more of our money following op
every single Susan Smith or lose Hernandez of the same age find out iftheyre the same
person. NH should know bow much time this takes,since even folitming up the NH voters who
register same-day and then move/die soon after voting takes you so long we bad to increase the
budget at the Ares and SoS„
The commission should find out first what the states can offer, and then figure out ifthey can use
the data meaningfully, without implicit bias, before demanding compliance. This, smelts of
1984, And of quagmire and waste,
Rep,Susan Almy, Lebanon
Retired Socio-economist

Sent from akilagil for iPad

17-2361-A-006092

 Adrian S. LaRochelle

AVAAAAAAAAAAAAAAAAAAAAMMROx

.4.
/7

/4.
,7/7.466666666cC.

WiName., Ronakl E.. tiONOVP 44„ortaid.E.Wigliermsamp.00p.gos
,2017 513 PM

Sent
To•,'
Co:

Adrian $. LaRochelie
contact information

Hi $eoretary Gardner,
Can you please proAde us with the conM.1 information for Son ilivest, Andrew Appel, and Harty Hurst? We would like
to reach out to them this week,
Thank you,,
kon
Ronald t,
Policy Advisor
Office of the Vice President
Presideutial Adsoy Commission on Mection !integrity
Rt„.„.11,,sgygottoutoy

17-2361-A-006093

 Adrian S. LaRochelle
From:
Sent:

Wiliam, Ronald E, EC/MVP <Ronald.E.Wmseovp.00plow-,
Ttiedv.
uoi 22,2011 6:33 PM

Subject

Adrian a. LeRothalle
contact information

Hi Secretoy Gwdrier,
Can you please provide us with the contactinformation for Ron itivest, Andrew Appel, arid Harty Ht3rSti?
to reach out to them this week.

We

would like

Thank you,
Ron
Ronald E. Wiiliams H
Policy Advisor
Office of the Vlte President
Presidential Advisory Commission on Election integrity
Ern

n

EMI lantSPovo‘o.00.gov

17-2361-A-006094

 David Scantart
Rt. AWN/NO

From
Sent
"rc.4
Subject

Jessioa Hunt
Wednesday,July OS, 3017 345 PM
David Scanlan
Thursday Exchange Show

Thanks for coming in tomorrow,
just wanted to iet you know that we have you in the studio with Casey McDermott far the hotir. We may also hove
Paul Twomey in studio for the fug tour., if ite returns in time from out of state. if not heljaifl 11S for a 10-1S minute
cali-out at 9:10. Maine Secretary of State Matthew Dunlap will join us by phone at 9:20 for 10-16 minutes to offer the
perspective from a neighboring state.
We took forward to 5eeing you tomorrow morning,
Thanks,

Jessica Hunt
Producer,The Exchange

NEW iiMAPSNiRE PlieksiC RAM
NH.03301
MoF.,
Pi€Isingy
f.M:"3•223-2474
<WIZ

17-2361-A-006095

 David Scanlan
From:
Sent:.
To:
Subject,:

.,................................

,,,;46666664

/Irian Butfofd
Mooday,Ausrot 14, 2017 717 AM
David Sullen
FW:Right to Know Request

Dave:
The State Arcili.4es does not have any tecords that this mum s requestirg, and / expect to respond in that manner.
Brian Nelson Burforcl
NH State ArchivW.
(603)271.2.236
Front: 3ustio Ober
Sent Pvionday, August 14, 2017 714 AM
To: Brian Burford
Subject FM Right to Know Request

From;jessica Nosmar:[0:0ita; q,si..4-insetnetuaprogdfloatal
Sent: Friday, August 11, 2017 5z50 PM
Tot,htnOber
Subject Right to Knew Ri,,Nuest
Mr:, OberUnder the New Hampshire fiight to Know Law RSA,Ch. 01-A et seq„ am requesting at;cess to records
responsive to show Secretary of State William Gardners expenses during his travel to the first meeting of the
Presidentiai Commission on Election integrity, which took place on on July 19, 2017 in Washington D.C„ This
includes, but b not limited to, all expenses related to his travel paid for by the state of New Hampshire
Including travel expenses, hotel stay, and any expenses while in D.,C. Please Include information on how much

of these expanses,. if any, were reimbursed by the federal goverment, If he traveled with any staff members,
please include their expense reports as welt
if there are any fees for searching or copying these records, please inform me if the cost will exceed
$25. However,I would also like to request a ,,valver of all fees in that the disclosure of the requested
information is in the public interest and will contribute significantly to the public's understanding of Sec.
Gardners participation in this commission.Please know that am a member of the media, and this request is
not being made for commercial purposes.
The New Hampshire Right to Know Law requires a response time offive business days. if access to the records
I am requesting will take longer than this amount of time, please =tact me with infprmation about when
might expect copies or the ability to inspect the requested rec.rds,
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to

release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request

17-2361-A-006096

 jag-aim Hu?mnm
?ap??z?en W??uhiica


?a?if?ig?ai:





David Scanlan
Sffee69999991$6$4

PCOM
Sent:

Astin Ober
Monday, August 14„ 2017 10:13 AM

To:
Cc:

lessica Husernan`
David Scanlan

Subject

RE: Right to Know Request

Dear Jessica Human,
We have no dmornents that are respomiue to your request.

Thank you.

Justin Ober
Records Manager
NH STATE ARCHEVES
71 SO FRUIT ST
CONCORD NH WWI
TEL; V.)3-71-2236
FAX:f01-271-2272
EMAL Justin.Oberpsos,nh,env
Archives: w(t; 4.sgsph,,gziless;bive$,

. . •

From: 3essica Hus.etnan anelitoz.lessiceammaamta=s1r
Sent Friday, August 11,, 2017 550 PM
To: Justin Ober
Subject flight to Know Request

• Mr, OberUnder the New Hampshire Right to Know Law I3.A. Ch. 01-A et seq., i am requesting access to records
responsive to show Secretary of State WI/0am Gardner's expenses during his travel to the first meeting ofthe
Presidential Commission on Election integrity, which took place on on July 19,2017 in Washington D.C., This
includes, but is not limited to, all expenses related to his travel paid for by the state of New Hampshire
including travel expenses, hotel stay, and any expenses while in D.C. Please include information on how much
of these expenses,if any, were reimbursed by the federal government. if he traveled with any staff members,
please include their expense reports as wet
If there are any fees for searching or copying these records, please inform me if the cost will exceed
$25. However, would also like to request a waiver of all fees in that the disclosure of the requested
information is in the public interest and will contribute significantly to the public's understanding of Sec,
Gardner's pa:rticipation in this commission. Please know that / am a member of the media,and this request is
not being made for commercial purposes,
The New Hampshire Right.to Know Law requires a response time of five business days,. if access to the records
I am requesting will take longer than this amount of time, please contact me with information about when
might expect copies or the ability to inspect the requested records.

17-2361-A-006098

 if you deny arty or aii of this request, please cite each specific exemption you feel justifies the refusel to
release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request

Jessica ilusemm
Reporter,ProPublica
Office;
(5:PiessicaHuseman

17-2361-A-006099

 David Scanlan
From
Sent:
To:
Cc;
Subject:

.4".07.0.4492,aaaacW

assio Husigi
Nionday, August 14, 2017 1034 AM
Justin Ober
David Scan1art
ftc Right to Know Request

Could you clarify? Did the state pay Ttothine for his attendance at this conference'?

Sent from my iPhone
On Aug 14,2017,at 10:16 AM,Justin Ober

SONftQQ'~ $13•Rate.:

3essita kusernan,
We have no documents that are respon5ive to your request.
Thank you,

lustin Ober
iiecords Manager
NH STATE Ari(„:HIVES
7150 FRUIT ST
CONCORD, NH 030,1
TEL;603-2.712.236
FAX;603-D1-2272
E-MAIL:JustimaberifP$os,nh,Aav
Archives: ripw...;•itg.nhx.ovier.r..bives

•••••••••••••

zii„unaggimpiLiKimorg,)
From 3essice Husernan Emattae
PM
$:S0
.2017
Sent: Friday, August 1.1.
To::Justin Ober
Subject: Right to Know Request
Mr. Ober
Under the New Hampshire Right to Know Law R.S.A.Ch.01-A et seq., I am requesting access to
records responsive to show Secretary of State William Gardner's expenses during his travel to
the first meeting of the Presidential Commission on Election Integrity.,which took place on on
July 19, WV in Washington O.C. This includes, but is not Ornited to, all expenses related to his
travel paid for by the state of New Hamps.hlre including travel expenses, hotel staV, and any
expenses while in D.C. Please include information on how much of these expenses, if any, were
reimbursed by the federai government. if he traveled with any staff members, please include
their expense reports as well,
if there are any fees for searching or copying these records, please inform me if the cost will
exceed 525. However, would also like to request a waiver of all fees in that the disclosure of

17-2361-A-006100

 the requested information is in the public interest and will contribute significantly to the
public's understanding of Sec. Gardner's participation in this commission, Please know that I am
a member of the media,and this request is not being made for commercial purposes
The New Hampshire Right to Know Law requires a response time of five business days> if access
to the records am requesting will take longer than this amount of time, please contact me
with information about when I might expect copies or the ability to inspect the requested
records.
If you deny any or all of this request, please cite each specific exemption you fee/ justifies the
refusal to release the information and notify me of the appeal procedures available to me
under the law.
Thank you for considering my request

fe,ssice Huseman
Reporter ProPublica
Office:
@lessicailuseman

17-2361-A-006101

 David Sca Mart
..•.•...•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•

From;
Sent
To:

...................

• • • • •••

••••

"•

Rion autford
ivluntlay, August 14,2017 1139 AM
RE Right O, Know Rust

Dear M.Heseman:
am sorry, bet wejust don' have records that am:: ftSponsive to your question:
Rilan Nelson Burford
NH Rata Archivist
(603)271-2.236

Prom Jessica Hussman twaittosaegi/ca,HasemangzotitAco,oil]
Soot:1day August 14, 2013 10;34 AM
To: justin Ober
Ce: David Scanlan
subject: Rez Right to Know Request
Collid you ofarify? Did the state poy nothing for Ks attendance a this conference?

Sent from my iPone
On Aug 14. 2017, at 10:16 AM,Justin Ober <sitistirt<OberitiSOS,Nli.00V> wrote:
Dear Jessica Husernars,
we hove no documents that are responsive to your request.
Thank you.

itotin Ober

Records Manager
NN STATE ARCHIVES
71 5'0 Fiqurr ST
CONCORD NH 03301
TEL: W3-271,2236
FAX::601D14272
,hotinvOberOsox
Arobives:

From: Jessica tiusernan [maitoOessica HutPrnanapropubrice urg)
Sent Friday, Amnia 11., 2017 5:50 PM
To: Justin Ober
Subject Right to Know RequeSt
17-2361-A-006102

 Mr, Ober
Under the New Hampshire Right to now L.ew fl,S,A, Ch.01-A et seq,, am requesting acc.ess to
records responsive to show Secretary of State William Gard's expenses during his travel to
the first meeting,of the Presidential Commission on Election integrity, which took place on on
July 19,2017 in Washington MC..This includes, but is not limited to, all expenses related to his
travel paid for by the state of New Hampshire including travel expenses, hotel stay, and arty
expenses while in MC. Please include information on how much of these expenses, if any, were
reimbursed by the federal government. if he traveled with my staff members, please incode
their expense reports as well.
if there are any fees for searching or copying these records, please inform me if the cost.
exceed $25. However,Iwoud also like to request a waiver of all fees in that the disclosure of
the requested information is in the public interest and will contribute significantly to the
public's understanding of Sec. Gardners participation in this commission. Please know that I am
a member of the media,and this request is not being made for commercial purposes.
The New Hampshire Right to Know law requires a response time of five business days. if access
to the records am reqiJesting will take longer than this amount of time, please contact me
with infonnation about when I might expect.copies or the ability to inspect the requested
records.
If you deny any or all of this request, please cite each specific exemption you fee/ justifies the
refusal to release the information and notify me of the appeal procedures available to me
under the law
Thank you for considering any request,

Jessica Huseman

Reporter ProPublica
Office:
Cell/S gnat
@JessicaHuseman

17-2361-A-006103

 David Scanlan
h

VSNSSMSSSea

From:
Sent
To:
Subject:
Attachments:

".

7,66666666g:

Karen Ladd on behalf of Elections
Monday,August 28,2017 8$7 AM
David Scanien
Fal requestfmm AP
NH information requ:estdocx

,
••

• ,,,,

0000000000000 •

From:One% Michael Cmelito
Sent Frlday, Augtxt 25, 2.01
Tut Elections
Subject: Kg request from AP
Aug. 25,2017
Office of the Secretary of State
1.07 North Main Street
State House,Room 204
Concord, NN 03301
De;31r Sir/Madam:
Thi$• 1$ 4 request unf.lar the New Hampshire Right to Know Act, NM, Rev,. Stat. Ann, oh, $31,•A ;the 'Ace), and under the
common taw right of access. ammakiN this rag oast in my capacity as a full.tirne journalist with The Associated Press.
Pursuant to the Act, an requesting a copy of the following public records:
1, All communications and documents either generatttd by New Hampshire Secretary ofState William M.
Gardner. or sent to Mr.. Gardner from uternhers and/or staffof the Presidential Advisory Commission on
Election integriv rated to the Presidential Advist.lit:f.Commission on Election integrity's rennem for state
voter records/4sta, tbmugh the dot ofthis mqueg(Aug,23,2017).
2, MI eontrounications and doottnlents: either seat by Mr.Gardner to members an&or staff fthe Presidentini
Advisory Commission on Election Integrity or sect to Mr.Gardner from members and/or staffof the
Presidential Advisory.Commission on Et ton integrity that include any mention ofany of the. following
words or phrases, or those eintilar in meaning:Iraud;""proofof zenship;""riorwitiarri;""alktn;"
4illegal immigrant,""voter!En""inn:mime Voter Registration Crosscheck:""crosscheck:""IVRC;"
"Electronic Registration Information Center...,""ER1C;""purge;""list maintenanee;""Trump,""popular
vote;""California,"
3, Ail communimtions and do men sent by the Seeretary of$tate':.; Office to the Presidential Advisory
on Election Integrity in response to the commission's.June 28 and July 26 lettnrs, specitioaliy
lks any state votea..filestdata received by the commission.
This rest includes, but is' not iimited to, any and ail documents, notes,correspontlenee or memoranda, in whatever
tangible or physical form, that relate to the requested records,
or
would like to receive the information in electronic format, preferably by email to
note that under the Act, any public body or agency which maintains governmental records in electronic format melt,in
lieu of providing original records,copy governmental records requested to electronic media using standard or common

17-2361-A-006104

 fife formats in a manner that does not reveal information which is confidential under thts duipter or any other law."MH
Rev,Stat. Ann,ch.914:4„ V,.
t ask that you waive any and ail fees associated with this request i am making the request as On AP reporter ond this
request is made as part of newsgathering. Release of the informationW1 prima* benefit the general public because It
will contribute significentiy to the public understanding of the commission's activitia if. you dent this request for a fee
waIver, please advise me in advance a the estimated charges if they are to exceed $50, remind you that a public body
may orgy charge the actual cost of proMing the copy," NM.Rev,Stat. Ann. ch.914.4.
If this request is denied in whole or part, as that you justify ail ciefaiom by reference to specific exemptions of the
e'-‘ct and inform me of appeals procedures available to me under the law. I also expect you to reiease 811 segregable
portions of otherwise execript material reser-ye the right to appeal your decision to withhold any Information or to
deny a waiver offees.
Under: the Axt, this rerprest must be acted upon as soon as possible, but in no event later than five (5) business days
foilowlits receipt.of this letter, 11,11. Rey: Rat Anne ch.91-AA IV.
.As
making this request as a iotrrnalist and the information is of timely value, would agtreciete your
rather than by mail, if you have
or eat
communicating with me by telephone
questions regarding this request
I wouid appreciate your handling this request as quickly as possible, and look forward to hearing from you.
Thank you for your assistance.
Sinter*,
gichaeg Casey,Administrative Correspondent
Associated Press
or

Michael Casey
The Associated Press
2. Capital Plaza,Suite 400
Concord, NH(B301.
Officp:
Cell:
Fax
httolibiestorv.ao.orek.ontenthrichae,i,-easey
Want to Sexid ni.':WS tips, do,urnnts ec

secury and eon tderttm y::to AF hrpezligzure roa:

The information contained in this communication is intended for the use of the designated recipients named
above. ifthe reader of this communication is not the intended recipient, you are hereby notified that you have
received this coillaWinCenOn in error, and that any review,dis.sernination, distribution or copying of this
2
17-2361-A-006105

 communication is strictiy prohibited. If you have received this COmrnunication nemor,please notify The
.6\1.sociated Press immediately by telephom +1-2n-621-1500 and delete this email, Thank you.

17-2361-A-006106

 David Scanlan
Frorit
sent

Susan Ahrty
Sunday, July OZ 2017 4:29 PM

William 6amlner
Subject

Representativer4 David Sranim "attorneygenereiVdojsth,gov",
etertiontaw@doiritugov; robertambroseCOsosnilgov
Open ietter to the Secretary of State about his work on the voter fraud tommissido

Whttt kind of"fraud" will the voting fraud commission find? You should protest their creation of a mas.sive
national database - which I understand may be against federal law - before the commission even cheoks to see
Wiwillga they can get enough data to du even the first match(age and narrie)-- and whether that would land
them with so }many false positives they'd be purnting this inquiry tbr 100 years, Read on
1) WhitePages lists 124 Susan Smiths in NH and 109/ in A. Susan was the most common fcmale baby name
in 1946. Does that mean that every voting Susan Smith in NH voted maybe 15 times there and 100 in
CA? Now try Jose Hernandez,.
la) What algorithm ate you going to use, where you have last-4 SSNs? Experian once equated nit; with another
Sum,different last name, address history, work history but 1 digit offbetween our SSNs. Algorithm said
maybe the data puncher made a digit mistake,and women change their last names Don't you dart stretch the
algorithm!
2)hared Moot votes in SMUIIWW11, MOM to Smallhurg,„ where he registers to vote, votes, and moves a year
later to Tinytown,re-registers and votes the next year it doesn't even occur to hint his small towns haven't
updated the voter list, he's only voted once each time. His state hasn't got a foolproofsystem in place to get
towns to fix the lists every election, haven't heard that NH has solved the problem, with all our tiny
towns. Are you going to use Moors name on the three voter roils to claim he voted three times in the same
election?
Stop the commission from wasting public money Ifthey have to pursue a claim with no existing evidence just
because a person in power wants to believe in it, make sum the commission only uses actual votes. Then they
will waste a lot more ofour money following up every single Susan Smith or Jose Hernandez of the same age
find out if they're the same person. NH should know how nauch time this takes, since even following up the NH
voters who register same-day and then move/die soon after voting takes you so long we had to increase the
budget at the AG's and SoS.
The commission should find out tint what the states can offer, and then figure out ifthey can use the data
meaningfully, without implicit bias,, before demanding compliance. This smells of 1984. And of quagmire arAl
waste,
Rep.Susan Many, Lebanon
Retired Socio-econornist

Sent from BlueMail for iPad

1
17-2361-A-006107

 David Scanlan
Prom:
Sant:
To;
Cc,
Subject

Edviagi$,Jess cless,Edwardselegstatenhms>
Sunday,July02, 2017 451PM
Aimy,Susan; William Gardner
David Scanlan;"attorneygonerat@doj.nh.gov*''; electioniaw.doj,nh.gov;
rodertambnna@sos.rittgov
RE Ow letter to the Secretary of State about his work ori the voter fraud common

IM hfem. of full cooperation with this national effort.
Ever since the stories of 3F1( vote buying West Virginia tip through the massive voter rogistratfon frauds of the 2006 &
2012 elections, there are Republicans who worry that their franchise i6 being stOlen(MP the That the most c.orrapilng
of influenoes have infected the vote itself,
It is time to Invesdgate that concern rutty end openly.
Where thee is fraud, let's prosecute tand stop It.
Where these is no fraud, lets let the sunshine brightly to eradicate the fem.
Best Regards,

Jess Edwards
down)
NH State Repre.sentative(Auburn, Chester,
Health, Human Services,. & Elderly Affairs Committee
Vice Chair, NH Genera' Court Veterans Caucus
Rockingham County Long-Term Cate Services Committee
Auburn Planning Board
VAIIC-Planchitter Virtual Medicine Project Team
American Legislative. Exchange Council Health and Human Services Task Force
(603)370-7685
kg§„OwardsOlegstate.nh.us
Profile: http.zligaricourt.stete„nh.usihouseirnembersimemberamememberm40839.2
From Susan Aimy

sent Sunday, July 02, 2017 4:29 PH
To: witagagesiggramghsggy,
v; mAtorneygeneralOd4nh,g0"; electigniawesdotnh,opy;
Cc: NAll Representatives; davidmittafkaut,g9,,,,:.
tObertarnbroseaksos,nti.bov
Subject Open letter to the Secretary of State about his work on the voter fraud commission

What kind of"irate* will the voting fraud commission find? You Should protest their cmtion of a MsSive
national database which I understand may be against federal law betbre the commission even cheeks to see
whether they can get enough data to do even the first match(age and name) — and whether that would land
them with so many false positives they'd be pursuing this inquiry for 100 years. Read on.,
1)WhitePages lists 124 Susan Smiths in NH and 109( in CA.. Susan was the most common female baby name
in 1946. Does that mean that every voting Susan Smith in NH voted maybe 15 times there and 100 in
CA? Now try Jose Hernandez.,
la) What algorithm are you pine to use, where you have last-4 SSNs? Experian once equated me with another
17-2361-A-006108

 Susan,different lot name,address history, work 'history hut digit off between our SSNs. Algorithm said
maybe the data puncher made a digit mistake, and women change their tme names, Don't you dare stretch the
algorithm!
2),lerrod Plant votes in Smalltown, moves to Smaliburg, where he reghdersto votk,,., votes, and moves a year
later to Tinytown,re-registers and votes the next year. It doesn't even occur to him his mall towns haven't
updated the voter list, he's only voted once each time, His state hasn't got a frkolMorWitern in piece to2et
towns to fix the lists every election. I haven't heard that NH has solved the problem, with all our tiny
towns. Are you going to use Moors name on the three voter rolls to claim he voted three times in the same
election?
Stop the commission from wasting public money! Ifthey have to pursue a claim with no existing evidence just
becalm a person in power wants to believe in it, make sure the comtniasion only uses actual votes, Then they
wilt waste a lot more ofour money following up every single Susan Smith or Jose Hernandez ofthe same age
find out if they're the same person. NH should know how much time this takes, since even following up the NH
voters who register same•mday and then move/die soon after voting takes you so long we had to increase the
budget at the AG's and SoS,
The commission should find out tint what the states can offer, and then figure out if they can use the data
meaningfully, without implicit bias, before demanding compliance, This Meth,of 1984. Arid ofquagmire and
waste,
Rep, Susan Alaty, Lebanon
Retired Socio-econornist

Sent from BlueMail for iPad

17-2361-A-006109

 David Scanlan
From;
Sent;
To;
Cc;
Subject:

Lynne Ober
tvlontlay, July 03, 2017 733 AM
'Susan Altriy`
David Scanlan; attorneygeneralesdoj.nh.gov; Wam Gardner
RE; Open letter to the Secretary of State about his v>forts, on the voter fraud commiestort

Susan,
Perhaps you have never traveled so never needed a pa.ssport. Perhaps you will choose not to get a Real if) Driver's
License,
However, if you have a passport,as do(and have had for more than $O years), or if you choose to got a Real ID Driver's
License, you will be required to provide your social security number.
Guess what? That's where the massive national database is getting its data,
Try not to fmosso much on the minute detail that you overtook the very are forest,
Lynne Ober
$tate Representative
Hills 37
from;Susan Airily imailtis;
Sent Sunday,July 02,2017 4:29 PM
To; winlarn.eardnerglisoS:11h.SZOV
Cc.-AN Representatives <tarempieosstate.nh.us›; david,scanlanilasosmh.gov.,"attorneyeeneraliPdanfigov"
ejszkalmt.,Vs2hab.,,gay; robertomhrmaitgo.rihgov
<attorneyeener
Subject: Open letter to the Secretary of State about his work on the voter fraud commission

What kind of"fraud" will the voting fraud COMMiS5ICM find? You shosJid protest their creation ofa massive national
database - which understand may be against federal law - before the commission even checks to see whether they can
get enough data to do even the first fnatch (age and name) and whether that wouid and them with so many false
positives they'd be pursuing thisinquiry for 100 years. Read on,.
1)WhitePages lists 124 Susan Smiths in NH and 1091 rin CA. Susan was the most common female baby name in
1946, Does that mean that every voting Susan Smith in NH voted maybe 15 times there and 100 in CA? Now try Jose
Hernandezla)What algorithm are you going to use, where you have last-4SSW? Saperiari once equated me with another
different. last name,address history, work history but 1 dtoff between our Ms. Algorithm said maybe the data
puncher made a dt mistake, arid women change their last names. Don't you dare stretch the algorithm
2)Je.,,rrod Ploot votes in Smalltown, moves to Smallburg, where he registers to vote, votes, and moves a year iater to
Tinytown, re-registers and votes the next year, it doesn't even occur to him his small towns haven't updated the voter
list, he's only voted once each time. His state hasn't got a foolproof system in place to get towns to fix the lists every
&action, haven't heard that NH has solved the problem, with all our tiny towns Are you going to use Pkiot's name on
the three voter roils to claim he voted three times in the same election?

17-2361-A-006110

 Stop the commlssion from wasting public monevi if they have to pursue a claim with no existing evidence fust because a
person in power wants to believe in it, make sure the commission only uses actual votes. Then they will waste a lot
more ofour roomy following up every eingle Susan Smith or lose Hernando of the same age.find out if they're the same
person, MT should know how much time thlii takes, since: even following up the NH voters who register same-day end
then moveldle• soon af.ter voting takes you so tang we had to uease the tate at the AG's anti 505.,
The commission shouid find out first whet the states osin offer,and then figure 014 if they can use the data meaningfully,
without implicit bias, before demanding compliance, This smells of 1984. Arid of quagmire and waste,
Rep.Susan Almy, Lei..ianon
Retired Sodo-econoinist

• Sentfrom Rluekiail for iPad

2
17-2361-A-006111

 David. Scanlan
SUSAN ALMY

From
Sent

Monday July CJ3, 2017 4:01 PM
Lyme Ober

atiorrieygeneralVoinh>gov; William Gardner; David Scanlan
RE: Open letter to the Secretary of State about his work on the voter fraud common

CC:
Subject:

Lynne. I lived.22 years overseas. Thank you, 1 ara debating renewing rrly pessport so as not to have to add a
REALM. But you apparently did not read below the first paragraph,
On July 3,2017 at 733 AM 1.4nne Ober'‹

•'MOW:

Susan.,
Perhaps you have never traveled so never needed a passport. Perhaps you will choose not to get
Rea'ID Driver's License,

However,if you have a passport,as do(and have had for more than 50 year or if you choose
to get a /teal ID Driver's License, you will be required to provide your social security number.

Guess what? That's where the massive national database is getting its data.

Try not to focus so much on the minute detail that you overlook the very large forest

Lynne Ober
State Representative
Hills $7

From. Susan Maly intaillw;
Scutt Sunday,July 02„ 2017419 PM
To william.gardnerripsos,nhmov
Cc; —All Representatives <hrep&iiica.state,nh..tis>; dayk,„sgAnlar4sos.nh,gov:"
attorneyssmclaiqdoi.ah„gov <attornevgangigg&,Liglgov>;eketionia-wadoj.nkgov.:
robertsmnbrose(FlOs.theov
Subject: Open letter to the Secretary of State about his work on the voter fraud commission
17-2361-A-006112

 What kind of"fraud" will the voting fraud commi,ssion find? Yoo should protest their creation
ofg massive national database - which I understand may be against federal law - before the
commisiion even checks to see whether they can get enough (b*.W1 do even the first match(age
and name) and whether Mat would land them with so many false positive.s they'd be purstain.g
this inquiry for 100 years. Read on.,
1) WhitePages Its 124 Susan Smiths in NH and 1091 in CA. Susan was the most common
female baby name in 1946. Does that mean that every voting Susan Smith in NH voted maybe.
15 times there and 100 in CA? Now try Jose Headez
la') What algorithm are you going to use, where you have lastal SSNs? Experian once equated
me with another Susan,different last name, address history, work history but 1 digit off between
our SSNs. Algorithm said maybe the data puncher made a digit mistake,and women change
their last names. Don't you dare stretch the algorithm!
2)Jerrod Ploot votes in Synalitown, moves to Smaliburg, where he registers to vote, votes, and
moves a year later to Tirtytown,re-registers and votes the next year. It doesn't even OMIT to him
his small towns haven't updated the voter list, he's only voted once each time. His slate hasn't
got a foolproofsystem in place to get towns to fix the lists every election. I haven't beard that
NH has solved the problem, with all our tiny towns, Are you going to use: Ploors name on the
three voter rolls to claim, he voted three times in the same election?
Stop the commission from wasting public money Ifthey have to pursue a elaire with no
existing evidence just because a person in power wants to Wien in it, make sure the
commission only uses actual votes. Then they will waste a lot more of our money following up
every single Susan Smith or lose Hernandez ofthe same age find out if they're the same
person. NH should know how much time this takes,since even following up the NH voters who
register same-day and then move/die soon after voting takes you so lona we had to increase the
budget at the AO's and. So&
The commission should find out first what the states can offer„ and then lima* out ifthey can we
the data meaningfully, withoutimplicit bias, before demanding compliance. This smells of
1984.. And ofquagmire and waste.
Rep. Susan Airily, Lebanon
Retired Socio-economist

Sent from I L1i.for iPad

17-2361-A-006113

 David Scanlan

........... ..........

Root
Sent:
To:

Samuel uviae

Sktraject:

Ref: Huffington Post inquiry

Friciey,.Ju

7,2017 3:23 PM

Samuel Levine
David Scanlan; AlMem Gardrwr

Hi David,
Ism Ste,Oardtter said recently that Kri$ Kobach had issued a netra tion letter to titglek. lit/omitting if you
could ciguit'y what that meant or if you had any details?
wrote:

OnItte,Jun 20,20/7 at 1036 AM,Samuel Levine
David,

Wanted to check in and see if you guys had. any update an the committee's work and how it was progressing so
far. Thanks!
wrote:

On Thu, May 11,2017 at 4:21 Phel„ Sanniel Levine
Oot it Does ho have some availability tomorrow zuorulag toehat?
On Thu,May 1/, 2017 at 3:26 PM,David Scanlan <David.Seanlan@tm.nitstov> wvate:
Sam,

The Set:rev:try it.: out of the orrice today for ion

tarang persortal commitment. Fie should bit in the offirAt tomorrow,

TharikS,
Dave

FrttrItt Samuel Levine fmallto
Sent Thtmlay, May IL 201/FIN
To: David Scanlan; William Gardner
SubMa Re: Huffington Post inquiry

David —

Just wanted to bump this< Thanks!
17-2361-A-006114

 wrote;

On Thu,May I, 2017 a 11;36 AM,Sammet lxvine
Hi Secretary Gardner,

Seeing a report that yodve been tapped to serve on. the White House's commission to investigate voter fraud.
Wondering if you might have a few minutes to chat today about wt you hope to get out ofserving on the
commission?

Thanks,
SaTn Levine

Sar..nt
1.1u

• Sam Levine
Associate Politics Editor linfiPost

2
17-2361-A-006115

 Sam Levine
Assmiate Poea Editor HoftPog

•VId

Sam Levine
Ass'oeinte Politit6' Editor 11,1uffPost

©sri

OA.

Sam Levine
As.sociate Polities fiAiter BuftPost
'desk
(sr

3
17-2361-A-006116

 David SamIan
Rem:
Sent:
To;
Subject:

Brian Burford
Monday,Auguir4 14,20177:11 AM
David Scanlan
FW:Right to now Request

Dave:
The State Archives does not have any records that this person is requesting, and evect to respond in that ammer,
Brian Nelson Burford
Nil State Archivist
MS)271.2236
Front: Jestin Ober
Sent: Mcnday„ August 14, 2017 7:14 AM

To Brien Burford
Subject: OM Richt to Know Request

Prom:lemice Husemen Ernikalfaairal=b1102iSM.bijEAPP41
Sent Friday, August 11, 2017 SMPM
Toi *Justin Ober
Subjecti RitPt to Know Request
Mr, Ober
Under the New Hampshire Right to Know Law R,S.A. Ch.01-A et s.eq,.,I am requesting access to records
responsive to show Secretary of State William Gardner's expenses during his travel to the first meeting of the
Presidential Commission on Election Integrity, which took piace on on July 19, 2017 In Washington 1.),C„ This
includes, but is not limited to, all expenses related to his travel paid for by the state of New Herripshire
including travel expenses)hotel stay,and any expenses while in D.C. Please include Information on how much
of these expenses, if any, were reimbursed by the federal government if he traveled with any staff members,
pMae include their expense reports as weIL
If there are any fees for searching or copying these records„ please inform me if the cost will exceed
$25. However, I would also like to request a waiver of ail fees in that the disclosure of the requested
information is in the public interest and will contribute significantly to the pubties: understanding of Sec.
Gardners participation in this commission, Please know that am a member of the media, and this request is
not being made for commercial purposes,
The New Hampshire Right to Know Law requires a response time of five business days. If access to the records
am requesting will take longer than this amount of time, please contact me with information about when
might expect copies or the ability to inspect the requested records,
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to
release the information and notify me of the appeal procedures available to me under the law,
Thank you for considering my request

17-2361-A-006117

 imgim ?um?man
?wm?m, ?ra?eui?lim


23,152 $55333 


  
  

17-2361 -A-0061 18

David Scanlan
hoax
Sant
To:
C.cz

jtatin Ober

Subject:

RE: Right to Know Request

Monday,August 14, 2017 10:13 AM

sica iluseman'
WNW Scanlan

Dear lessita Ntiseman,
We have *to Oocurnents that are responsive to your cequeza,
Thank you,

kWh °bra
Records Manager
NH STATE ARCHIVES
71 50 FRUIT ST
CONCORD NH 03301
TEL:603471-ZZ36
FAX: W3471-2272
E-MAIL:1„,„Mii
s.LCS.zs,m)s.nh.g1;Ei

Archives: www.sotnitaoviarchives

Fmnu :iessica Hus4.1nan ire4iitOle%koMMthartP.ProPubliO.Orqi
Sent: Friday, August 11,2017 5:S0 PM
To 3ustin Ober
Subject Right to Know Penuest
Mr,Obertintier the New Hampshire Right to Know Law R.S,A, Ch.01,A et seq., rn requesting acc:ess to records
resporisNe to show Secretary of State WiliarnGardner's expenses during his travel to the first meeting of the
Presidential Commission on Election Integrity, which took place,on on July 19, 2017 in Washington Dr... This

includes, but is not limited to, all expenses related to his travel paid for by the state of New Hampshire
including travel expenses„ hotel stay, and any expenses while in D.C. Please include information on how much
of these expenses, if any, were reimbursed by the federal government, If he traveled with any staff ME3TiberS,
please include their expenSe reports as well,
If there are any fees for searching or copying these records, please inform me if the cost will exceed
S25. However, I would also like to request a waiver of ail fees In that the dis3...losare of the requested
information is in the public Interest and will contribute significantly to the public's understanding of Sec.
Gardner's participation in Ws.commission, Please know that am a member of the media,and this request is
not being made for commercial purposes,
The New Hampshire Right to Know Law requires a response time of five business days, if access to the records
I am requesting will take longer than this amount of time, please contact me with information about when

might expect copies or the ability to inspect the requested records.

17-2361-A-006119

 If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to
release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request

Jenica Human
Reporter ProPublica
Office:
Cell/Signal:
@JessicatiUseman

17-2361-A-006120

 David Scaniart
t.:IDIWZDIAttlDWDN

From
Sent:
To;
Ct:
tlbjecitz

Jessica Husemau ndeesicaMusemarepropublica,org>
10134day, Augug 14,2017 10:34 AM
,Itatin Ober
David SoMarl
Re: Rigibt to Know Request

Could you clarify? Did the state pay nothing for his attendance at this C011fererice
Sentfrom tny ilhon
On Aug 14, 2017,at iCK 16 AM,Irwin Obtr <Justip<Obet*SOS,NH.GOV> wrote:
Dear Jesska Hum,
We have no documents that are respon5ive to your request.
Thank you,

3ustin Ober
Records Miinitges
NH STATE ARCH WES
71 SO FiWiT
CONCORD NH 03301
TEL:603-271.22S6
FAX 603-271-2.272
.4M1,-,,lustOberOsos.uh.g9v
Archives: wwai.s

Ft.orm Jessica Huseman '
johategmegiumfgEcitpd
Sent Friday, August 11, 2017 5;50 PM
To:Justin Ober
Subject° Right to Know Request
Mr. Ober
Under the. New Hampshire Right to Know Law RSA Ch.01-A et seq., 1 an requesting access to
records responsive to show Secretary of State Wiiiism Gardner's expenses during his travel to
the first meeting ofthe Presidential Commission on Election integri% which took place on on
July 19,2017 in Washington. MC,. This intiuties, but is not limited to, all expenses related to his
travei paid for by the state of New Hampshire including trayei expenses, hotel stay, and any
expenses while in DC.Please include information on how much of these expenses., if any,were
reimbursed by the federal government, if he traveled with any staff members, please include
their expense reports as well,
If there are any fees for searching or copying these recorfiss please inform me if the ant wilt
exceed $25, However, I would also like to request a waiver of all fees in that the disclosure of
17-2361-A-006121

 the requested information is in the p:uhlic interest and will contribute significantly to the
public's understancflng of Sec Gardnerts participation in this commission. Please know that am
a member of the media, ansl this request is not being made for commercial purposes,
The New Hampshire Right to Know Law requires a response time of five business days, if amen
to the ref;ords am requesting will take longer than this amount of time, pleaae contact me
with information about when might expect copies or the abty to inspect the requested
records..
if you deny any or all of this, request, please cite each specific exemption you feel justifies the
refusal to relea.41 the information and notify me ofthe appeal procedures available to me
under the law,
Thank you for considering my request.
.•••••••

Jessica Huseman
Reporter, ProPublica
Office:
glessicalluseman

17-2361-A-006122

 David Scallion
..............

....... .

From.
Sent:
To;
Subjwzt.

Nan Burfoird
Mohdey,August 14, 2017 1.01)AM
4..iessiottiuseman@propublicaorg'
RE: Right to Know Reqmt.

Dear Ms., Husentan:
efe sorry, but we just CiblY have records that are responsive to your question.
Brian Neistgi Bk.eard
State- Archivist
03)271-236

From: Jessica itasevian [rgato;)4if.s.sicis.iimmoriftiopubtica>org]
Sent: Monciay, August 14, 2017 1034 AM
To:.1ustio Ober
Cc: Dvki Scealan
Subject. Re: Right to Know Request
Couid you dolly? Did.the Mate pey nothing fur his attendance at this conference?
Sent filun tny iPhone
Or Aug 4. 2017,at 10:16 AM,Justin Ober <Justin,Ober34.1S1,1411,GOV> wrote.:
Beariestica Husernan,
Wit have no itudimitts that are fesponsive to your request,
Thank yoth

Justin Ober
Records Manager
NH STATE ARCHNES
71 SO HUT ST
CONCORD NH 03301
Ttit, 603471.2236
FM:60.3,271.2272
E.-tvIAIL:JustinObertises,nh,aov
Archives: www.sos.ahAoviardlives

Froi= 3PAsice Human topRallegglailUVITIODB.Progtgo,orcli
Sent: Friday, August 14 2017 5;50 PM
Tot Justin Ober
Subject: Right to Know Request
17-2361-A-006123

.:::::::.:::..

 Mr, OberUnder the New Hampshire Right to Know Law R.S.A. Ch.01-A et seq,„ I am requesting access to
records responsive to show Secretary of State William Gardners expenses during his travel to
the first meeting of the Presidential Commission on Election Integrity, which took place on on
July 19,2017 in Washington D.C. This includes, but is not limited to, all expenses related to his
travel paid for by the state of New Hampshire including travel expenses, hotel stay, and any
expenses while in r).4:. Please include information on how much of these expenses, if any, were
reimbursed by the federal government. If he traveled with any staff members, please include
their expense reports as well,
ifthere are any fees for searching or copying these records, please inform me if the cost will
exceed $25. However, i would also like to request a waiver of all fees In that the disclosure of
the requested information is in the public interest and will contribute significantly to the
public's understanding of Sec. Gardner's participation in this commission. Please know that I am
a member of the media, and this request is not being made for commercial purposes.
The New Hampshire Right to Know Law requires a response time of five business days. If access
to the records I am requesting will take longer than this amount of time, please contact me
with information about when I might expect copies or the ability to inspect the requested
records,
If you deny any or all of this request, please cite each specific exemption you feel Justifies the
refusal to release the information and notify me of the appeal procedures available to me
under the law.
Thank you for considering my request.

Jessica Husernan
Reporter, ProPublica
Of ice:_ _ _ _ _ _ _Cel /Si
elessicaHusernan

17-2361-A-006124

 Brian Burford
Prom,
Sent
To!
Sotfett

Justin Ober
Monday, August 14, 2017 7:14 AM
Brian Burford
PN:Right to Know Request

From:lessim Husernan [mailtaleuimtimatatx0130211CM2)
Sent Friday, Augustli, 2017 S;$g PM
To; Justin Ober
%Object: Right to Know Request
Mr.. Ober.
Wider the New Hampshire Right to Know Law SA.Ch.01-A at seo,, / am requesting access to records
responsive to show Secretary of State William Gardners expenses during his travel to the first meeting of the
Presidential Commission on Election integrity, which took place on on July 19., 2017 in Washington B,C,This
includes, but is not limited to, all expenses related to his travel paid for by the state of New Hampshire
including travel expenses, hotel stay,and any expenses while in D.C. Please include information on how much
of these expenses, if any,were reimbursed by the federal government. If he traveled with any staff members,
please indude their expense reports as well
if there are any fees for searching or copying these records, okase inform me if the cost will exceed
$25. However, would also like to request a waiver of all fees in that the disclosure of the requested
Information Is in the public Interest and Will contribute significantly to the public's understanding of Sec.
Gardner's participation in this commissim Please know that am a member of the media, and this request is
not being made for commercial purposes.
The New Hampshire Right to Know Law requires a response time offive business days. If access to the records
am requesting will take longer than this amount of time, please contact me with information about when
might expect copies or the ability to inspect the requested records,
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to
release the information and notify me of the appeal procedures available to me under the
Thank you for considering my request,

Jessica Musemen
Reporter. ProPublice
Office.
giessical-itunman

17-2361-A-006125

 Brian Burford
.Keterreerreleffetr! ee.e.KKeMrererear

Frorrc
Sent:
To:
Subject

Brim Burford
Monday,.August 14,2017 717 AM
WNW Scanten
Nit Right to Know Reqbest

Dam
The State Archives does not he any records that thia person is mot...mating, end expect to respond ih that manner,.
Brian Nelson Burford
NH State Archivist
(MO 271-2236
••••••••••••••••••••••••••••••sy•••”•••••••••••••••••••••::•••:!::
,
:••:••:••:•x••:••••••:•••••••••x•:••••••:::::::•:,:•••••,,,,,<P.•,,,,,,
,
.
• '''''''''''''••

Fro=)ustin Ober

Sent Monday, As..iguat lts 2017 7:14 AM
To Brian Buford
Subject: KV: Right to Know flequest

From 3esalaa Kaman rinaikatiMit41.11=021fICIDinthitagE91
Sent Friday, August 11, 2017 5;S0 PM
To:listin Ober
Subject Right to Know Request
Win Obertinder the New Hampshire Right to Know Law R,S,A, Ch,01-A et seq,, am requesting access to records
responsive to show Secretary of State William Gardner's expenses during his travel to the first meeting of the
Presidential Commission on section integrity, which took place on on July 19,2017 in Washington DX.. This.
includes, but is not limited to, all expenses related to Ns travel paid for by the state of New Hampshire
including travel expenses, hotel stay, and any expenses while in DZ.Please Include information on how much
of these expenses,if any, were reimbursed by the federal government.If he traveled with any staff membera,
please include their expense reports as well
If there are any fees for searching or copying these records, please inform me if the cost will exceed
$25. However, would also like to request a waiver of all fees in that the disclosure of the requested
information is in the public interest and will contribute significantly to the public's understanding of Sec.
Gardner's participation in this commission. Please know that I am a member of the media,and this request is
not being made for commercial purposes.
The New Hampshire sight to Know Lew requires a response time of fiie,. business days. If access to the records
I ern requesting will take longer than this amount of time., please contact me with information about when I
might expect copies or the ability to inspectthe requested reoords
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to
release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request.

17-2361-A-006126

 J?smi?? Missamm

?amr?m ?aw-hike?
{Ef?mz
Kaiif?igm?
{@Msa?m?ugamzm

    
 



Brian Burford
6M6604064655,50,
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From.;
Sent:
To:

$666666660

10.1.11.11
,V

,K.K.K.c*c

David Scanlan
Monday,August 14, 217 8:16 AM
Brian Burford
RE: Rightto KPOW Request

St4bject

The response should simply be ik.,Ve hive it.to documents.that are responsive to your request".
Copy me on your reply.:
Thanks,
DVO
From Man Burford
Sent Monday, Augus.t 14„ 2017 1:17 AM
To: David Scanlan
Subject: FW: Right to Know Request.
Dave:
The State MI-11M5 does not have any records that this person is requesting,and I expect to respond in that. manner,
Brian Nelson Surford
Nil state Archt
(W31 271-2236
From:Justin Ober
Sent Monday, August 14, 2017 711 AM
To: Brian Burford
Subject: FM Right to Know Request

•

Prom 3essice Hesemari
Sent: Fridays August 11,27540 PM
To: Justin Ober
Subject Right to Know Request

Mr. Obentinder the New Hampshire Rightto Know Law RSA Ch,0I-A et se, am requesting amen to records
responsive to show Secretary of State Wam Gardner's expenses during his.travel to the first meeting of the
Presidential Commission on Election Integrity, which took place on on My 19, 2017 n WashIngton D,C, This
includes„ but is not limited to, ail expenses treated to his travel paid for by the state of New Hampshire
including -travel expenses, hotai stay, and any expenses while in D.C. Please include information on how much
of these expenses,if any,were reimbursed by the federal government. if he traveled with any staff members,
please include their expense reports as well,

17-2361-A-006128

 If there are any fees for searching or copying these records, please inform me if the cost will exceed
$25. However? would also like to request a waiver of all fees in that the disclosure ofthe requested
information is in the public interest,and wilt contribute significantly to the public's understanding of Sec,
Gardners participation in this commission, Please know that I am g member of the m:edia, and this request is
not being made for commercial purposes.
'The New Hampshire Aight to Know Law requires a response time offive business days. If access to the records
I an requesting will take longer than this amount of time, please contact me with information about when I
might expect copies or the ability to inspect the requested records.
If you deny any or all of this request please cite each specific exemption you feel justifies the refusal to
release the information and notify me of the appeal procedures available to me under the law,
Thank you for considering my request,
Me.

Jessica Husernan
Reporter, ProPublica
Office:
Cell/Signal
@Jessicallusernan

17-2361-A-006129

 Brian Burford
Fromiustr Ober
Sent
Monday,Xusust 14,2017 11:33 AM
Brim kirford
To:
FW:Right to Know RequeA
Sobjtot

,

•

424

.

.......

• •

From: 3eositsi Hussman frrigslanirplarggittiami
Sertt:Pidiviay, August 14, 2017 1034 AP4
Tel ;tostjoi Obor
Ca David Scanlan
Subject Re: Rtght to Know Request.
Could you clarify? Did the state pay nothing for hLattendance at ibis conference?
Scatfrom my iPbone
On Aug 14,2017,at 30:/6 AM,Instin Ober <k n; berCrDSOS.

,,QPV> wrote:

Dear lesska Huseman,
We have tlo documents that are responsive to your request,
Thank you,
t.istin Ober
Recuals Manager
NH STATE ARCH IVES
71 50 FRUIT ST
CONCORD NH 03301
TEL:aI3.271.2236
FAX:'603-271-2272
E-MAIL:JutOernh.ay
Archives: www,sos..nh.gobrchives

FrOAC 3essioe usemari begagniallaeLLAg.sakaAgon nr
Sent Friday,. August 11.,, 2017 St50PM
To: Justin Ober
Subject Right to Know Request

r

I

Mr,Ober.
Under the New Hampshire Right to Know Law R.S.A. Ch s 01.-A et seo,, am requesting access to
records responsive to show Secretary of State Waliarn Gardner's expenses during his travel to
the first meeting of the Presidential Commission on Election Integrity, which took place on on
July 19, 2017 in Washington D.C. This includes, but is not limited to, all expenses related to his
17-2361-A-006130

 travel paid for by the state of New ilampshire including travel expenses, hotel stay, end any
expenses while in DX. Please 'include Information on how much of these expenses, if any,were
reimbursed by the federal governmem if he traveied with any staff members, please include
their expense reports as well.
if there are any fees for searching or copying these records, please inform me If the cost will
exceed $25. However, would also like to reoest a waiver of all fees in that the diSCleekire of
the ;requested information is in the public interest and will contribute significantly to the
pubuds understarsOing of Sec. Garciner's participation in this commission. Please know that am
a member of the media, and this request is not being made for commercial purposes.
The New 1-tarnphire Right to Know Law requires a response time of five business days., If access
to the records am requesting will take longer than this amount oftime, please contact me
with information about when might expect copies or the ability to inspect the requested
records,.
If you deny any or all of this request please cite each specific exemPtion you feel justifies the
refusal to release the information and notify me ofthe appeal procedures available to me
under the law.
Thank you for considering my request,

Jessica Husernan
Reporter. ProPublica
Office:
Call/Signal,
glessicaHusernan

17-2361-A-006131

 Brian Burford
From:
Sent
Subject

Men Butford
Mondry, August 14, 2017 I.t39 AM
`Jessita-HosenianOptopubliea.o4
rkft Right to Know Request

Dear M.Husernari:
an sorry, hut we just don have records that are responsive to your question,
Brian NOsort Burford
NH State ArthiviA
(603)2'71-'2236

From:3ossIva Hoseman
Sent Monday, August. 14, 2017 10:34 AM
Teq Justin Ober
Cc David Scanlan
Subject flc Right to Knew Request

:

Litra) h

Could you clarify? Did the state pi>,nothing for his attendance at this cupf(nonce?
Sent from my iPhane
(
f.TAOS NH CiQY> wrote:
On Aug 14, 2017,at 10:16 AM,Justin Ober <lustin.Ober
Dear Jessica Hosemen,
We have no documents that are responsive to your request.
Thank you,

lustin Ober
Reoords Manager
STATE ARCHIVES
71 SO FRUIT Si
CONCORD NH 03301
TEL:603-271-2236
FAX:603.-271.4272
E-MAIL; AlIataglikiaAtAlov
.Arttive: w„y„WagatililiaglOYes

From:Jessica Human LmailtcOrmi47i,Hts
Sent: Friday, Auciust 1.1„, 2011 S5 PM
To: Justin Ober
Subject Right to Know R(tuttea

u

ona3

17-2361-A-006132

 M.Ober
Under the New Hampshire Right to Know Law R,S.A., Ch.03,.A et seq, am requesting access to
records responsive to show Secretary of State William Gardners expenses during his travei to
the first meeting of the Presidential Commission on Election integrity, which took piece on on
July 19,2017 in Washington D.C. This includes, but is not limited to, all expenses related to his
travel paid for by the state of New Hampshire including travel expenses, hotel stay, and any
expenses while in D.C. Please Include information on how much ofthese expenses,if any, were
reimbursed by the federal government If he traveled with any staff members., please include
their expense reports as well
If there are any fees for searching or copying these records, please inform me if the cost will
exceed $25. However,I would also like to request a waiver of all fees in that the disclosure of
the requested information is in the public interest and will contribute significantly to the
public's understanding of Sec. Gardnees participation in this commission Please know that I am
a member of the media,and this request is not being made for commercial purposes.
The New Hampshire Right to Know Law requires a response time of five business days, if access
to the records am requesting will take longer than this amount of time, please contact me
with information about when might expect copies or the ability to inspect,the requested
records.
If you deny any or all of this request, please cite each specific exemption you feel justifies the
refusal to release the information and notify me of the appeal procedures available to me
under the law.
Thank you for considering my request.

Jessica Huserrian
Reporter, ProPubliat
Office:
@Jessicatluseman

2
17-2361-A-006133

 dart Burford
iesica Huserten <JassicallusernanCorapehlimong
Morclay, Augor<t 14,2017 11:43 AM
Mon Burford
Rc Right to Know Reqtrest

Rem
Sent
Trg
Subject

Ws hard for me to believe the state spent no money on his trip. How are expense reports typically kept in NH?
Co I provide a more specific request?
Sent from my Whom:
On Aug 14, WI7, at 11:38 AM,Brian Burford ‹Brian,BurfolitSQUalag,,Y? %Tote;
Dear M.Husernan:
lam sorry, but we just don' have records that are responsive to your question,
Brian Nelson Burford

NH State Archivist
(603)271-2236

From 1mak:a ilusemen twlitoJewsice•Husemail@OPpdbliaOrfil
Sent: Monday, Auguat 14, 2017 ID:34 AM
3ustl'n Ober
Cc, David Stznian
Sabject:R Ri9ht to Know Requet
CoLdd you ciarilY? Did the state pay nothing for his attendance at this conference?

Sent from my inone
On Aug 14,2017,at 10:16 AM,Justin Ober <1,L.

V> wrote

Dear Jessica Husemons
We have no documents that ere responsive to your request
Thank yOU,

Justin Ober
Record$. Manager
NH STATE ARCHiVES
71W FRUIT ST
CONCORD NH 03301

TEL 603-271-2236
CAX:6("13-271-2272
Justirt.Obefrasos.ft.,90

17-2361-A-006134

 Archives:: vi,y_alligLiguoylarstkas

.
rom. Jessica Huseman
Sent: Friday, August 14 2017 540 Pict
To Justin ober
Subject Right to Know Reqee4

AtlaRkiktikatcd

Mr,. Ober
Under the New Hampshire Right to Know Law R.S.A. Ch,01-A at seq, am
requesting access to records responsive to show Secretary of State Wam
,his travel to the first meeting of the Presidential
Gardners expenses clurinG
Commission on Election integrity, which took place on on July 19,2017 in
Washington i),C„ This includes, hut is not. limited to, all expenses related to his
travel paid for by the state of New Hampshire including travel expenses, hotel
stay, and any expenses while in D.C. Please inciude information on how much of
these expenses, if any, were reimbursed by the federal government, If he
traveled with any staff members, please include their expense reports as well.,
If there are any fees for searching or copying these records, please inform me if
the cost will exceed $25. However,. I would also like to request a waiver of all
fees in that the disclosure of the requested information is in the public interest
and wilt contribute significantly to the public's understanding of Sec. Gardner's
participation in this commission. Please know that. I am a member of the media,
and this request is not being made for commercial purposes..
The New Hampshire Right to Know Law requires a response time of five business
days. If atts.ess to the records i am requesting will take longer than this arriotea
of time, please contact me with information about when I might expect copies Or
the ability to inspect the requested records,
If you deny any or all of this request, please cite each specific exemption you feel
justifies the refusal to release the information and notify me of the appeal
procedures available to me under the law.
Thank you for considering my request.

Jessica Husernan
Reporter ProPublica
Office:
Cell/Signe
piessicaHusernari

17-2361-A-006135

 Brian Burford
••••••••,,,...................

From:
Sent:
To:
SUbject

•

•

Brian Biofond
Monday,August 14, 2017 1:1S PM
David Scan er$
Htdemares Right to Kno•,,v Request

Brian Nelson Burford
NH State ArdAtist
(6031 27/-2236
••••••••••••••••••.......................••••,•••••••••••••••••••••••••••••••••••••••..........••••••••••••••••”•••••••••••••,•

From:Jessica Huseman rrnallM:Aes ica,trserrstmazgajimgm]
Sent Mondays August 14, 201.7 11;43 AM
To: Briers Burford
Subject Re: Right to Know Request
Ifs bard for me to believe the state spent no money on Ms nip. Hew are expense reports typically kept in NH?
Can provide a more specific request?
Sent from tny iPone
On Aug 14,2017,at II:38 AIVL Brim Burford <Brigmagrfigt.t>„...)solv.,E00Y> wrote;
Dear M.liuseman:
am sornir, but we just don have records that are responsive to your question,
Brian Nelson Burford
NN State Archlvi,st
(143)271.-22,36

From 3essice ilusemn Knailteftegli4lictnfrtaPOPMPubli orgi
Sent Monday, August 14, 2017 10:34 AM
To: lastin Ober
Cc David Scanlan
Subject Re; Right to Know Request
Could you clarify? Did the stem pay nothing for his attendance at this conference?
Sent from myiPllorte
On Aug 14,2017, at 1016 AM,Justin Ober 4:34t1A,Qtvr@SQ4,N1-1,Q0V.> wrote:
Dear Jessica Wiseman,
We have no documents that are responsive to your request,

17-2361-A-006136

 Thank you,

.lostin Ober
Records Manager.
NH STATE ARCHIVES
71SO FRUIT ST
CONCORD NH 03301
TEL:603-271.-2236
FAX:603-271-2272
katin4„32Lops,,,sialLay.
Archives: www,sbs,hh.eovferchivas

Prom Jessica Huseman rrnOto:lessicayligigimeguatiMmust)
Sent: Way,Avgui5t 11, 2017 6:30 PM
To: kstini Ober
Subject: Right to Know Request

Mr.OberLinder the New Hampshire Right to Know Law R,S.A. Ch..01-A et seq,, I am
requesting access to records responsive to 5110W Secretary of State William
Gardner's expenses during his travel to the first meeting of the Presidentiai
Commission on election Integrity, which took place on on July 19, 2017 in
Washington D.C.. This includes, but is not limited to, all expenses tetated to his
travel paid for by the state of New Hampshire including travel expenses, hotel
stay, and any expenses while in 0,C. Please include information on hew much of
these expenses, if any, were reimbursed by the federal government. if he
traveled with any staff members, please include their expense reports as well.
If there are any fees for searching or copying these records, please inform me if
the cost will exceed $25. However,I would also like to request a waiver ofall
fees in that the disclosure of the requested information is in the public interest
and will contribute significantly to the public's understanding of sec. Gardner's
participation in this commission. Please know that / am a member of the media,
and this request is not being made for commercial purposes<
The New Hampshire Right to Know Law requites a response time of five business
days, if access to the records I am requesting will take longer than this amount
of time, please contact me with information about when I might expect copies or
the ability to inspect the requested records.
If you deny any or all ofthis request, please cite each specific exemption you feel
justifies the refusal to release the information and notify me of the appeal
procedures available to me under the law<
'Thank you for considering my request,

Jessica Huseman
Reporters ProPublica
Office:
2
17-2361-A-006137

 @Ea?w?awman



David Scanlan

,e/Aille47.47,Mgeee413:02,133333M

NNW

From
Sent
To:
Cc
Subject:

Gelsenbercier, Rick J (Finance) Rict,Gti5enbergertbstate.de.u$>.
/,September 08, 201711:1S flIVI
Frida,
William Gardner
David Scanlan
Advisory Commission on Eiection Integrity

Hi Bill Greetings from Delaware i'm enjoying my new role as Delaware's Finance Secretary but do miss seeing you and David
and my New Hampshire friends at NAGS meetings, hope all is well with you 4nd your team,
happened to come upon a series of articles today abom taiis for you to resign from the COrriassiont, 'just wanted to
Say that commend you,as alwaYss for fighting for fairness and trust in our nation's electoral protest To my minds,
nobody in our country has more credibility than you on these matters and having. yotir vote heard on the Commission
is critical - hopefuliy in what:will be a consensus report based on actual facts but Pro sure in a well argued minority
report if the Commission veers from the facts, Keep up the fight as know you will.
With very best regards,
Rick
Alck Geisenberger
Secretary of Finance
State of Detavore
302-5774546

17-2361-A-006139

 List of panelists for September 12 Meeting

First Panel: Public Opinion Regarding Election Integrity and Effects on
Turnout
Andrew Smith — Associate Professor of Practice in Political Science, University of New
Hampshire
Dr. Andrew Smith is an Associate Professor of Practice in Political Science at the
University of New Hampshire. Dr. Smith's areas of expertise include public opinion, survey
methods, and elections_ Dr. Smith has conducted numerous polls throughout the country
examining voter confidence and faith in the electoral process over time. Dr. Smith is also the
Director ofthe Survey Center at the University of New Hampshire.
Kimball Brace — President. Election Data Services, Inc.
Kimball Brace is the president of Election Data Services Inc., a consulting firm that
specializes in redistricting, election administration, and the analysis and presentation ofcensus
and political data. He has testified as an expert witness in redistricting court cases around the
country. His areas of expertise include demographic databases, district compactness and
contiguity, racial bloc voting, and communities of interest.
John Lott — Founder & President, Crime Prevention Research Center
Dr. John Lott is the Founder and President of the Crime Prevention Research Center, and
is an economist and world recognized expert on the Second Amendment. Dr. Lott is a prolific
author for both academic and popular publications, and has conducted research on various topics
related to election integrity and voter fraud. Dr. Lott conducted a study that examined the impact
election administration reforms have on preventing voter fraud and increasing voter turnout. Key
findings from his research identified that election integrity reforms,such as voter photo IDs,
increases voter participation rates.

Second Panel: Current Issues in Election Integrity
Ken Block — Founder and President, Simpatico Software Solutions
Ken Block is the Founder and President of Simpatico Software Solutions, a data analytics
firm that identifies patterns ofinefficiencies, waste, and fraud. Recently, Mr. Block conducted a
Ny study for the Government Accountability Institute, for which he examined voter roll data from
21 states and found more than 8,400 high-confidence duplicate votes in these states during the
2016 presidential election. Mr. Block noted that this study emphasizes the importance of
accurate voter roll data as a means to enhance voter confidence in the election process.
17-2361-A-006140

 *- A4..7faeZirrON.WefaaaZ-At4TEri4E1011
:e•

Robert Popper — Director of the Election Integrity Project, Judicial Watch
Robert Popper is the Director ofthe Election Integrity Project at Judicial Watch. Mr.
Popper is conducting an ongoing study to examine over-registration in all 50 states. Preliminary
findings from his project identified approximately 3.5 million more people on voter rolls than are
eligible to vote. Prior to joining Judicial Watch, Mr.Popper worked for eight years in the Civil
Rights Division of the Department of Justice, including five years as deputy chief ofthe Voting
Section.
Donald Palmer — FellowrlY
rinacyCenter
Donald Palmer is a BPC fellow focusing on the recommendations ofthe Presidential
Commission on Election Administration. He was appointed secretary of the Virginia Board of
Elections by former Virginia Gov. Bob McDonnell in 2011 and served as the commonwealth's
chief election official until July 2014. He also served as the Florida Department of State's
director ofelections during the 2008 and 2010 election cycles. Prior to his work in elections
administration, he served as a trial attorney with the Voting Section in the U.S. Department of
Justice's Civil Rights Division, where he enforced federal voting laws and provided guidance to
states on compliance.
Hans von Spakovsky — PACEI Commission Member & Senior Legal Fellow, Center for Legal
and Judicial Studies, The Heritage Foundation
Hans von Spakovsky is a PACEI Commission member and Senior Legal Fellow for the
Center of Legal and Judicial Studies at the Heritage Foundation. Before joining the Heritage
Foundation, Mr. von Spakovsky served two years as a member of the Federal Election
Commission. Previously, Mr. von Spakovsky worked at the Department of Justice as Counsel to
the Assistant Attorney General for Civil Rights, providing expertise in enforcing the Voting
Rights Act and the Help America Vote Act of2002. He is a member ofthe Virginia Advisory
Board to the U.S. Commission on Civil Rights.
Third Panel: Electronic Voting Systems and Election Integrity
Dr. Andrew Appel — Professor of Computer Science, Princeton University
Dr. Andrew Appel is a professor of Computer Science at Princeton University and Chair
of the Computer Science Department. His research and expertise include software verification,
applied computer security, and technology policy. Since 2003 a significant part of Dr. Appel's
research has been on the technology and security of voting machines and election administration
systems and computers. In 2016, Dr. Appel testified before the U.S. House of Representatives
Subcommittee hearing on "Cybersecurity: Ensuring the Integrity of the Ballot Box."

17-2361-A-006141

 k.

Dr. Ronald Rivest — Professor of Computer Science. Massachusetts Institute of Technology
Dr. Rivest is a professor of computer science at MIT, whose current research interests
include cryptography, computer and network security, voting systems, and algorithms. Dr.
Rivest is a member of the CalTech/MIT Voting Technology Project. He has served on the
Technical Guidelines Development Committee, advisory to the Election Assistance Commission,
developing recommendations for voting system certification standards. Dr. Rivest also serves on
the Advisory Board of the Verified Voting Foundation. He is a member of a Scantegrity team
developing and testing voting systems that are verifiable "end to end."
Harri Hursti — Co-Founder. Nordic Innovation Labs
Harri Hursti is a recognized data security expert, and is one of the world's foremost
authorities on electronic voting security and critical problems and vulnerabilities in electronic
voting systems worldwide. Over the past 10 years, Mr. Hursti has conducted ethical hacking
research into electronic voting systems. He is most famously known for his successful attempt to
demonstrate how the Diebold Election Systems' voting machines could be hacked. Recently, Mr.
Hursti attended the July 2017 Def Con Hacker Convention in Las Vegas, Nevada where he
demonstrated security vulnerabilities in electronic poll books and voter registration databases.

17-2361-A-006142

 SUITE. 51.1.-5oe
HART BUILDiNG
WASHINGTON. DC:20510
i2112l 224-2841

JEANNE SHAHEEN
NEW 41AMPSH IRE

litUl rititatts

coat

WASHINGTON, DC 20510

Statement by Senator Jeanne Shaheen
Before the Presidential Advisory Commission on Election Integrity
Manchester, NH
September 12,2017
Vice Chair Kobach and members of the commission: With the Senate in session, I am
unable to attend today's hearing, but I appreciate this opportunity to submit testimony for the
record.
On February 9, President Trump asserted that he would have been victorious in the Granite
who were bussed into New Hampshire to vote illegally on
Election Day. Two weeks earlier, the president said that he lost the popular vote because three to
five million people voted illegally. He offered no evidence to support either of these very serious
allegations; nor has anyone else. Nonetheless, the president used these claims to justify creating this
commission, whose obvious purpose is to lay the groundwork for broad-scale voter suppression
laws. Some legislators in Concord have used the same unsubstantiated claims to justify passing new
laws making it more difficult to vote in New Hampshire.
State if not for thousands of people

Last Thursday, on the far-right website Breithari, the vice chair of this commission used
deceptive and irrelevant data to rehash the same false claims that have been debunked time and
again by independent analyses and by members of both major parties here in the Granite State.
Using slippery words like "it has been reported" and "anecdotally," the vice chair insinuates that
thousands of same-day registrants used out-of-state driver's licenses to prove identity and vote
illegally. I say "insinuates" because he offers no actual evidence — not a single confirmed case of
fraudulent voting. He made no effort to contact voters who bad cast ballots but held out-of-state
driver's licenses.
The fact is that New Hampshire law clearly states that citizens who live in New Hampshire
can vote without a New Hampshire ID. This includes long-time New Hampshire residents who
don't drive and don't have a driver's license; it includes thousands of students from other states who
live in New Hampshire while attending school; and it includes military' personnel from other states
who live in New Hampshire while on active duty.
Granite Staters are not gullible or naive, and we do not appreciate those who impugn the
integrity of our state's voting systems based on unsubstantiated accusations. Indeed, the vice chair's
accusations in Breithart call into question the legitimacy of our elections in New Hampshire for every
federal, state, and local office. This is reckless and irresponsible.
The truth is that, here in New Hampshire and across the nation, voter fraud is extremely
rare. I am deeply concerned that falsehoods about illegal voting are being spread as a pretext for
restricting access to the ballot box. This risks disenfranchising eligible voters and undermining faith
in our democracy.
(continued on next page)
1
17-2361-A-006143

 JEANNE SHAHEEN

SUITE SH-506
HART BUILDING
WASHINGTON,DC 20516

NEW HANIPSHIRF

(202) 224-26.11

Unital ,,..;,,tatcs

matt

WASHINGTON, DC 20510

There is zero evidence of significant voter fraud in. the Granite State during the 2016
election. Senior Deputy Secretary of State David M. Scanlan, head of the Election Division, said:
"There are some isolated instances of individual voters voting improperly. . . But we haven't had any
complaints about widespread voter fraud taking place." Meanwhile, the nonpartisan Brennan
Center for Justice has determined that voter fraud happens nationwide as little as 0.00004 percent of
the time. A separate, multiyear study by Justice Department senior official Justin Levitt found only
31 credible allegations of voter fraud out of one billion votes cast between 2000 and 2014.
Granite Staters take pride in our state's brand of open and direct democracy, which
encourages maximum participation, including by college students and active-duty members of the
military who live in our state. It is not the New Hampshire way to make voting unnecessarily
difficult or to target specific groups of voters with deliberately onerous ID laws.
I am very concerned that reckless accusations of widespread voter fraud and illegitimate
elections in New Hampshire could jeopardize our state's first-in-the-nation presidential primary.
Every four years, activists from other states attempt to take away our first-in-the-nation, primary, and
they will now quote the vice chair of this commission. This is deeply unfortunate and a disservice to
the people of New Hampshire.
We must learn from ill-conceived voter ID laws in other states. Striking down the laws
passed by the Republican majority in North Carolina's legislature, a unanimous federal court ruled
that they "target African Americans with. almost surgical precision" and "impose cures for problems
that. did not exist." Invalidating similar laws in Wisconsin, U.S. District judge James Peterson wrote:
"The Wisconsin experience demonstrates that a preoccupation with mostly phantom election fraud
leads to real incidents of disenfranchisement, which undermine rather than enhance confidence in
elections, particularly in minority communities."
When candidate Donald Trump claimed that the election would be "rigged," and when
President Trump claimed that the electoral process has been massively corrupted by millions of
illegal votes, these false assertions have real consequences. They undermine confidence in our
elections and democracy,and create a dishonest rationale for voter-suppression laws targeting the
poor, the young and minorities.
At the end of the Constitutional Convention in 1787, a citizen asked Benjamin Franklin:
"Well, doctor, what have we got — a republic or a monarchy." He famously answered:"A republic,
if you can keep it." Fortunately, the great majority of Americans reject falsehoods that discredit our
democracy and disenfranchise voters. We still have a robustly democratic republic. And we intend
to keep it.

2
17-2361-A-006144

 Paula Penney
From;
Sent:
To;
Cc
Subject:

on behalf of Ronald L. Rivet
Thursday, September 14: 2017 3-;55 PM
\ith1lam Gardrier
Anthony Stevens
Re•. Meeting LI Fencetkobach commission yesterday (9112)17)
f;Valaronrea)

Hi. Bill —
Thanks!
Cheers,
Ron

On Thu,Sep 14, 2017 at 12:00 PM,William Gardner <WillknitGarcintriisotut.b.42.ov> wrote:
Ron,
Thank you once again for participating on Tuesday. Your panel was very well received and several members of
the audience and some coimnission members told Tne later it had the most significance and was the roost

important infOrmatian they received all day,
am keenly sensitive to your position and will be sure that no endorsement. or related support on your part
would ever appear as part of the Commission*s findings and recommendations, without some written
acknowledeement from you. I will be very careful about this.
My kind regards always.
Bill

From rivestron1111111111[rivest,ronqAIIII.on behalfor Ronald L.Rictct
Sent: Wednesday, September 13,201.7 2:2.7 PM
To: William Gardner
C.c: Anthony Stevens
Subject: acting of PencelKobach commission yesterday(912117)
iii Bill —

(I hope this email address is correct for you; I found it on the web. I've
also cc'd Anthony Stevens here in case it is not; perhaps he can forward the
cult@ to you if necessary...)

Thanks again ibr inviting me to participate in the panel disc us.ions yesterday.
I must say that I really enjoyed hearing Flarri ilursti talk!
And I appreciate your firmness about sticking to the hots(and getting;.the
facts right!).
You asked as to whether I might be available for further consultation or
collaboration. I said "yes", hut I just want to clarify exactly. what I mean.

I am happy to participate in events such as yesterday's, giving testimony,
17-2361-A-006145

 Or to participate in some informal discussions about auditing and the like.
However,I do(naturally)have some concern about the sort of recomnumdations
this committee might make in the end in its report, and. I do not want to be in the
position ofappearing to endorse or approve of certain reconumndations, particularly
if they are likely to disenfranchise many otherwise eligible voters.
Thus, you are welcome to contact me any time for further discussions,. but any
use of my name in the final report, other than stating, that I testifying at yesterday
meeting,should be subject to my prior approval< For example.saying that. I am
a consultant or that I was consulted or the like might possibly be problematic
for me,and we should discuss such language possibilities if they might appear
in the final report before we get into further discussions, please. I'm sure you
understand.
Back to the substance of the meeting and thc committee's work; at o high
level,I am concerned that the committee may (to use an analogy I cooked
up)risk irrelevance by obsessing about a few people trying to jump on the
.freight train when there are folks up ahead trying to blow up the tracks!
(Feel free to pass this analogy around„,') We need to have our priorities
right.
The committee's work takes up much ,
:aluable time from many people for whom
time is a precious commodity. The committee should there-ire be working on the
important and real problems, not problems that are of fairly small magnitude or
even rather too speculative in their impact<
The issue ofthe security ofelectronic pollbooks may be a good one Ibr the committee
to emphasize. These are poorly studied and, it. appears, poorly secured.. I understand.
from Anthony that NH has excellent procedures in place to switch over to paper backups
on election day quickly if needed. Perhaps NH could play a leadership role in getting the
committee to focus on this very real and important issues.
Thanks again!
Cheers,
Ron

Ronald L.Rivest
Room 32-G692. Stata Center. MIT.Cambrickte MA 02 L39
httn:i.people.esail.mit,edulrivest

17-2361-A-006146

 Ronakt L. Rivest
Room 32-0692,Scala center,rrr,cbg
.

MA 02139

rh'people.csailniteclialtivm.

3

17-2361-A-006147

 Paula Penney
From;
Sent:
To;
Cc:
Subject:

rivest.ronallill on behalf of Ronald L. Rive:.,1
Wednesday, September 13, 2017 227 PM
Warn Gardner
Ahtliony Stevens
Meetinq of Pence./Kobach commission yesterday (9/12.117)

Bill
(I hope this email address is correct for you; I found it on the web. I've
also ced Anthony Stevens here in case is not; perhaps he can forward the
email to you if necessary—)
Thanks again for inviting me to participate in the panel diseu,ssions yesterday.,
must say that I really enjoyed healing Harri Hursti talk!
And I appreciate your firmness about sticking to the facts and getting the
facts right!).
You asked as to whether I might be available for further c.•!i.msuilmion or
collaboration, I said. "yes", but I. just want to clarify exactly what mean,

I am happy to participate in events such as yesterday's, giving testimony,
Or to participate in some informal discussions about auditing and the like.
However, I do (naturally) have some concern about the sort of recommendations
this committee might make in the end in its report, and .1 do not want to be in the

position ofappearing to endorse or approve of certain recommendations, particularly
if they arc likely to disenfranchise many otherwise eligible Voters.
Thus, you are welcome to contact me any time for further discussions, but any
use of my name in the final report, other than stating that I testifying at yesterday's

meeting, should he subject to my prior approval. For example,saying that 1 am
a consultant or that 1. was consulted or the like might possibly be problematic
lin me,and v,ie should discuss such language possibilities ifthey might appear
in the final report before we net into further discussions, please. I'm sure you
understand.

Back to the substance of the meeting and the committee's work: at 3 high
level, I am eorteerne.1.1 that the eotrunittee may (to ase an analogy / eookcd
up)risk irrelevance by obsessing about a few people trying to jump on the
freight train when there are tblks up ahead trying to blow up the tracks!
(Feel free to pass this alV310gy around...) We need to have our priorities
right.
The committee's work takes up much valuable time from many people :for whom
time is a precious commodity. The committee should therefore be working on the

important and real problems, not problems that are offairly small magnitude or
even rather too speculative in. their impact.
17-2361-A-006148

 The issue ofthe security of electronic pollbooks may be a good one for the committee
to emphasize. These are poorly studied and, it appears, poorly secured understand
from Anthony that'NH. has excellent procedures in place to switch over to paper backups
on.election day quickly if needed. Pediaps NH could play a leadership role in getting the
committee to focus on this very real and.important issue.
Thanks againl
Cheers,
Ron

Ronald L. Rivest
Roo32-6692. Stata Center, MIT. C rnhrIe MA 02139
littp://p opiescsailmit.eduirivest

17-2361-A-006149

 Paula Pennw
400.
,
X0WOMP4.0.50

From:
Sent:
To:
Cc:
Subject:

no% rnemailon
Friday, September 01, 2017 e:14 PM
ElootionitneantyStaffe4cvp eop.gov
William Gardner
Commission on Met-Aon integrity

Ron Williams

Office of the Vice :President
Exe4attive Office of President EOB
I wish to attend the September 12,1017 Cs.marnii3sion on f.iection Integrity to he held in New Hampshire,
My name is Patricia McMahen
entail
phone
am a New Hampshire resident and voter Por &most 50 years(in 2018).
Currently 1 serve on the

Nov Hampshire Canada Trade Council
Served three terms in the NH leguslature
Served as Chair of Select Bozird
Thitnk you for considering my'request to attend the Commission proceedings,

Scn rorn Yahoo Mail on. Android.

17-2361-A-006150

 Paula Penney
From:
Sent:
To:
Subject:

Olivia Zink [olivia@opendemocracy.me)
Friday, September 01, 2017 7:32 PM
William Gardner
Take a Stand Against the Pence-Kobach Commission

ey
Bill -Calling all friends, voters and voting rights advocates who believe in modern and secure elections! The Trump Adr
across the country to turn over their statewide voter lists.
Join us on Tuesday, September 12 to protest the Pence-Kobach. Commission on Election Integrity at St. A.nselm Cc
The ACLU-NH and the NH.Campaign_ for Voting Rights are coordinating actions in the field and online to build cc
four actions you can ta.k.e to challenge the Pence-Kobach Commission:
1. Join the protest! Stand against the Pence-Kobach Commission meeting on Tuesday morning.
Hands Off My Ballot! Protest the Pence-Koba.ch Commission Meeting. Info HERE.
Tuesday, September 1.2, 8 a.m.
St. Anselm College
New Hampshire Institute of Politics
100 Saint A.nsel.m Drive
Manchester, NH 03102
RSVP on Facebook
2. Attend the hearing! To reserve a spot at the committee hearing, email the Election Integrity Commission staff,
a ticket please let Gibson at ACLU know. Mailto:gibsoraaclu-nh.ora.
3. Make signs for the protest! Help us prepare for the protest at the America Votes office at 2 p.m. on Friday, Sep
to:aibsonriAaclu-nh.org> with your name,email an.d phone number.
17-2361-A-006151

 4. Write a letter! Send a letter to the editors of state and local publications about the "sham" commission. Email
how to submit your piece.
Stand. with us - do not allow the Pence-Kobach Commission to go unchallenged! Thank you and keep up the .fight!
Olivia Zink
http://www.nhrebellion.org/
NH Rebellion • 4 Park Si. Suite 301, Concord, NH 03301. United States
This email was sent to w52.acciner(ii)os.srate.nh.us. To stop receiving mails,click here.

Created with NationtIMIder, software for leaders.

2

17-2361-A-006152

 Paula Penney
From:
Sent:
To:
Co;
Subject:

Susan Covert
Saturday, September 02, 2017 1036AM
EleiblionintegfityStaffOtwb.eop.gov
Eectons
Unable to &Alma Written Comments. to Election integrity Cornmissf.,..In

To: Ron Williams, Policy Advisof Commission on Election Integiity
Re: Submission of Written Comments

DCTif Mr,

,Commission's September 12th public. meeting at St. Auelm's College in
I received.confirmation to attend tin.
Manchester,Nli. The email notice included the following information:
ATTENDENCE AT THE MEETING;

There will not be oral commentsfrom the public at the meeting. Written comments pertaining to the meeting and any
subsequent Commission meetings may be submitted at anytime at the following
nirrwrik?D•Ti,Ti'' -GSA-20174-0'. 2-0104

went on line. to submit my written comments to the Com.mission, reached thersolatiolgoy
otte and was informed -

11hiS1/10111111a

-1-00rP'0104
we cnuti r;os i.n.'61;.:V.'"!;g:r4f-Yr4?
i"Eintr:;.
I am concerned that the Conunission on Election Integrity is holding a public meeting, but -Mil

not be taking
public
submit
are
to
comments.
written
issue
care
unable
this
who
about
and
citizens
that
public testimony

Can you ple.ase let me know how the Commission plans to get public input..
Sincerely,
Susan Covert

17-2361-A-006153

 Paula Penne
From:
Sant:
To:
Subject:

Susan Covert
Saturay, September 2
Beetions
Continued Problem in Subrratincr !Nritten Comments to Els,'etion integrity Commission

Dear Secretary of StaLe Gardner,
eeld your office on my earlier September 2.2017 email to FN-OVP Election integrity Staff regarding
problems with submitting written comments to the Commission, received the automatic email reply below.
This FN-OVP email now has a different link for submitting 'written comments, 1. once again attempted to
submit comments to the Commission and was informed when I logged in on the reguiations.gas: page:
ne G
rio
As a member of this Commission,can you please let me know what you arc planning to do to ensure that
American citizens have an opportunity to provide public comment on this critical issue.

Sincerely,
Susan Covert
Begin forwarded messqe:

From: FN-OVP-Election Integrity Staff <ElectionintegrityStafftS,ovp.eop.clov>
Date: September 2, 2017 10:55:03 AM EDT
To: Susan Covert <scovertAcomcast.net>
Subject: Automatic reply: Unable to Submit Written Comments to Election Integrity
Commission
Thank you for contacting the resiciential Advisory Corn missloo on Election integrity, We have reached maximum
capacity for the Septern ber 12, 2017 public meeting and are no lonvar accepting registrations, The meeting will be

broadcast online through ihmstrearn, instructions for accessing the livestrearn will be published soon
cinhttps:llwww.whitehotise.govlblog,(201.7/07/13/presidentiai-advisory-commission-election-integrity,
if you wish to submit a public comment to the Commission, you may do so at www,Regulations.gov via the following
https://wv.rw.regulations.govidocurnent?0GSA_FRDOC.,9001.4301. Please select the"Comment Now" button
and follow the instructions on the screen- The Commission no longer accepts public comments through this email
account,

17-2361-A-006154

 Antlion Stevens
.....)003440.04

From:
Sent
To:
Cc:
Subject;

111111111111111

Charles H fRewa;I
Monday, August 14, 2017 2C./f3 PM
Mthony Stevens
Barry Burden
E-mai to Secretary Gardner

Heito Anthony,
/ didn't have Secretary Gardners e•mail address; but I did want to drop him a quick note about our conversation last week
concerningPatin& at a Commission frieetirig. Could you see that he gets the following?
Thanks,
Charles

Dear Bi
rye chatted with Paul Gronke and Barry Burden about appearing before the Presidential Commission on Election Integrity when
it meets in Manchester in eady September.
As we understand it, you would like us to constitute a pane/ that would discuss the state of poilticai science knowledge about
voter confidence and its relationship to changing levels of turnout over the past several decades. The two major questions you
would like us to address are these:
•

How have levels of voter turnout changed over the past several decades;and how are those changes related to
changes in state and federal taw?
• How confident are voters that the eiectoral system is fair and accurate, and what factors impact those attitudes?

lf these are the questions you would like addressed, we'd be happy to consider an invitation from the Commission to
testify. Having said that, we each have prier commitments during the second week of September. Therefore,. whether we
would he able to accept the invitation will depend on the logistical details of the meeting.
Thanks, again, for thinking that our input would help you and your colleagues better understand the scientific state of the field
with these questions. We look forward to further communications with you about this opportunity_
Vours truly,
Charles
As. V

Charle.s Stewart /l1
Kelm Sabin DistingWshed Professor of Political Science
The Massachusetts Institute of Technology
Cambridge, Massachusetts 02139
617-253-3127

17-2361-A-006155

 ,
4.-iure
eritan Ei awns

T
- 1,. , „
.te ,, _

•

/
f1
4,,

Edited by
Barry C. Burden and Charles Stew
at

,•

17-2361-A-006156

 . The. Measure of

Edited b
BARRY C. BURDEN
,iniNiersit% of Wisconsi
CHARLES STEWA.RT III
The Massachusetts Institute of TecnnolOg

17-2361-A-006157

 ,

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17-2361-A-006158

 5g.;YA

List
Ii$t ofConfribziiors

Acknowledgments

X

Introduction to the Measure of American
BARRY C. BURDEN AND CHARLES STEWART JU

Registration and Voting: A View from the Top
BARRY C. BURDEN

Voter Registration: The Process and Quality o

J1.

STEPHEN ANSOLABEHERE AND E TAN HERSH

Provisional Ballots
MICHAEL J. HANMER AND PAUL S. HERRNSON

Mail Ballots in the United States: Policy Choice and
Administrative Challenges

13

CHRISTOPHER B. MANN

Voting from Abroad: Evaluating UOCAVA Voting

141

THAD E. HALL

Polling Place Practices and the Voting

Expe

166

GREGG VONNAIIME
ROBERT M. STEIN AND

Disability and Election Policies and

Practices

18S
17-2361-A-006159

 Contents
The Performance of Election Machines and the Decline of
Residual Votes in the United States
CHARLES STEWART 111

to. Voter Confidence as a Metric of Election Performance
PAUL GRONKE

u. Election Data Transparency
LONNA RAE ATKESON

Appendix
References
Index

17-2361-A-006160

 From: Christy <cacm@aol.corn>
To: andrew.j.kossack <andrew.j.kossack@ovp.eop goy>
Subject: PACEI data person
Date: Sun, Jul 30,2017 9:45 pm
Attachments: Voter-Fraud-Final-with-Appendix-1 (1).pdf(1448K)

Hi Andrew,
It's really too bad that D0.1 refused to allow Ben Overholt a detail to the Commission. On one
hand,Pm not surpiised that DOJ would say no, especially ifthe decision was left up to Chris
Herren, the Voting Section Chief. On the other hand,I'm astonished that DO.T would turn down a
request of the Vice President's Office. In any case,I do not know ofany other federal government
employees who I can recommend. There is not a pool of people who I think we can trust to do
this work,unfortunately. Here are a couple ofthoughts, though.
Adam Kincaid
Special projects director at the Republican National Committee
He does statistical work and may know other statisticians able/willing to help.
202 863-5181 office
cell

Clark Bensen
POLIDATA LLC
He's been hired for voting/elections litigation
(703)690-4066 Virginia office
(202)318-0793 efax
Virginia Office:
3112 Cave Court
Lake Ridge, VA 22192
Vermont Office:
1303 Hayward Road
PO Box 530
Corinth, VT 05039

We might also try to hire whoever wrote the report I've attached. Hans wrote a column on this
report last week - perhaps he knows the authors.
Also,I don't know if you have a copy ofthis report on the requirements to get voting data from
each state:
http://voterlistelectparsi

17-2361-A-006161

 httplAroterlist.electprojectorgifull-list-purchase-facts-and-info
ICYMI I thought this story was illuminating regarding the Commission's data request:
http://k.atu.corninewsipolitiesIsos-presidents-voter-integrity-commission-fai1.s.--to-include-500-fororegons-data
Finally, I highly recommend that we consider hiring Don Palmer to oversee/consultant on the
data project. I think Don may have been considered as a member ofthe Commission at some
point. He has extensive knowledge in this area. He is currently working on an NVRA project for
the EAC as a contractor. I worked with Don at the DOJ before he left to become the Director of
Elections in Florida. Ile then moved to Virginia to become the Secretary ofthe State Board.of
Elections and Director of Elections there. He has also served on the EAC Standards Board and
Technical Guidelines Development Committee in the past and is currently a fellow at the
Bipartisan Policy Center. He was an early member of both the Kansas Crosscheck program and
Pew's ERIC program. He serves as an expert witness in voting cases. He's also currently on the
advisory board for Election Data and Science Lab at MIT. He would be a great spokesman on the
data matching and would be hard to attack by the Commission's critics. He's also a Christian and
retired Navy Lt. Colonel. He is a believer in the cause and I think he would probably be willing
to help us at low cost. His contact info is:
Donald Palmer

be driving to DC tomorrow morning and should be around most of the day if you'd like to
discuss any of this.
Hope you had a good weekend!
Best,
Christy

17-2361-A-006162

 From: Christy McCormick <cacm@aol.com>
To: Kossack, Andrew J. EOP/ Ovp <andrew.j.kossack@ovp.eop.gov>
Subject: PACEI Email address
Date: Wed. Jul 26. 2017 1224 pm

Hi Andrew,
What is the PACEI's email address? I received an invitation from EPIC (believe it or not) on my EAC email
address to speak at their meetings. I'd like to redirect their requests through the PACEI rather than through the
EAC.By the way,I turned down their invitation given previous commitments for the dates they requested,
and because of their suit against the PACEI. If you all think it would be helpful for me to meet with them at
some point(assuming I'd be available), please let me know.
Thanks so much,
Christy

17-2361-A-006163

 From: Christy McCormick <cacm@aol.com>
To: Paoletta. Mark R. EOP/ Ovp <Mark.R.Paoletta@ovp.eop.gov>: Kossack, Andrew J EOP/ Ovp
<andrew.j.kossack@ovp.eop.gov>
Subject: PACEI Meeting locations
Date: Wed, Jul 26, 2017 1:26 pm

Hi Mark and Andrew,
I am currently at a meeting with Secretary Lawson and she mentioned that she would like to host a Midwest
meeting of the PACEI in Indianapolis. I think its a great idea. I'd also suggest the other following locations
based on geography:
Western: Orange County,California. Orange County is R,as is their elections registrar, Neal Kelley(who is
supportive of the Commission and who would be extremely helpful in setting up such a meeting),and the
County is in the middle of 5 of the largest voting jurisdictions in the country(@10 million voters and
increasing exponentially- Riverside County added 200,000 votes in the past TWO years). Also,it would be
interesting to be in a place where this is likely a high number of illegals voting. CA SOS Alex Padilla, a vocal
critic of the Commission would not be happy about us being there, but that might not be a bad thing.
South: I suggest either New Orleans,LA,or Birmingham,AL. Both Secretaries of State,Tom Schedler and
John Merrill are both very supportive of the Commission,and each location would have positive optics,
especially the civil rights angle. Another possibility is Dallas,TX,which is currently investigating significant
voter fraud. Toni Pippins-Poole,the Dallas elections administrator is currently getting a lot of heat for
investigating the fraud.
North: I know Secretary Dunlap has offered Portland,and I am not opposed to that, but I think we should also
consider New York City. Mike Ryan,the Democrat elections director for the City, has been under fire (and
litigation)for cleaning his voting rolls and he has made public statements that the real threat to our elections
is not Russia, but dirty voting rolls.
Just some suggestions as we work out meeting logistics.
Thanks much,
Christy

17-2361-A-006164

 From: Christy McCormick <MIIM=>
To: kobach <IM>
Subject: PACEI
Date: Fri, Aug 18 2017 112 pm

Hi Mr. Secretary,
Hope all is well. I know you must be insanely busy. If you have a couple of minutes, would you give me a
call? I called your cell, but your vm box is full (unsurprisingly!). My cell is
Thanks much,
Christy

17-2361-A-006165

 Message
From:
Sent:
To:

Robert Popper [rpopper@JUDICIALWATCH.ORG]
9/8/2017 5:17:12 AM
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]; Kossack, Andrew J. EOP/OVP
[Andrew.J.Kossack@ovp.eop.gov]
CC:
Jill Farrell [JFarrell@JUDICIALWATCH.ORG]; Carter Clews [cclews@JUDICIALWATCH.ORG]
Subject:
Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Attachments: Written Statement of Robert Popper to PACE! - 9 8 2017.pdf

Attached is my written testimony.

Please let me know if you need anything else.

Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: (202) 646-5173
Cell: (201) 486-8773

17-2361-A-006166

 IT IS TIME TO START ENFORCING THE NATIONAL VOTER
REGISTRATION ACT OF 1993
Testimony before the Presidential Advisory Commission on Election Integrity
September 12,2017
Robert D.Popper
Director, Election Integrity Project
Judicial Watch,Inc.
Background and Experience
My name is Robert D.Popper. I am a Senior Attorney and the Director ofthe Election
Integrity Project at Judicial Watch, Inc. Judicial Watch is a Washington, D.C.-based public
interest nonprofit dedicated to promoting transparency, accountability, and integrity in
government, politics, and the law.
I was admitted to the Bar in New York in 1990, and I have been practicing as a litigator
for 27 years. I have special knowledge and expertise in the area of voting law. In 1995, as a solo
practitioner, I represented plaintiffs in a successful constitutional challenge alleging racial
segregation in the design of New York's 12th Congressional District.'
In 2005,Ijoined the Voting Section ofthe Civil Rights Division ofthe U.S. Department
of Justice, where I worked for eight years. In my time there, I managed voting rights
investigations, litigations, consent decrees, and settlements in dozens of states. I spoke about
voting rights issues at professional conferences and to state and local officials. In 2008,I was
promoted to Deputy Chief ofthe Voting Section.
In 2013,Ijoined Judicial Watch as Director ofthe Election Integrity Project. In my time
here, I have litigated voting rights cases in several states and have filed numerous friend-of-thecourt briefs before the U.S. Supreme Court and various courts of appeal. I have testified before
state legislatures on voting reform measures. In the course of my career, I have published
popular pieces and scholarly articles on the subject of voting law.2

Diaz v. Silver, 978 F. Supp. 96(E.D.N.Y. 1997)(three-judge court), aff'd mem., 521 U.S.
801 (1997).
2
See The Voter Suppression Myth Takes Another Hit, WALL ST. J., December 28,2014;
Florida Gets Another Chance to Appealfor the Right to Clean Voter Rolls, They Should Take It,
THE DAILY CALLER,December 11, 2014; PoliticalFraud About Voter Fraud, WALL ST. J., April
27,2014;Little-NoticedProvision Would Dramatically ExpandDal's Authority at the Polls,
THE DAILY CALLER, March 28,2014; and, with Professor Daniel D.Polsby, Guinier's Theory of
PoliticalMarket Failure, 77 Soc. Sci. Q. 14(1996);Racial Lines, NAT.REV. 53, February 20,
1995; Ugly: An Inquiry into the Problem ofRacial Gerrymandering Under the Voting Rights
Act,92 MICH. L. REV.652(1993); The Third Criterion: Compactness as a Procedural Safeguard

1
17-2361-A-006167

 I am particularly familiar with the National Voter Registration Act of 1993(NVRA),the
subject of my testimony. From 2005 to 2008, I had primary responsibility at the Department of
Justice for enforcing that statute. In 2008,I received a Special Commendation Award for my
efforts in enforcing Section 7 ofthe NVRA, which requires state offices providing public
assistance to offer those receiving it the opportunity to register to vote. During that same period,
I also litigated several cases for the Department to enforce the voter roll list maintenance
provisions of Section 8 ofthe Act, and I obtained consent decrees with the states of Maine,
Indiana, and New Jersey, and a settlement agreement with the City ofPhiladelphia, in which they
agreed to abide by Section 8's provisions.3 As I will explain,these were the last cases the
Department ever brought to enforce the voter list maintenance provisions ofthe NVRA.
Judicial Watch has been actively involved as a private litigant in enforcing Section 8 of
the NVRA,suing Ohio and Indiana in 2012 for their failure to comply.' After I moved to
Judicial Watch in 2013, we concluded a settlement agreement resolving litigation against the
State of Ohio' and voluntarily dismissed our lawsuit against Indiana after the State restructured
its election administration and undertook remedial measures. This year, based on our analysis of
available census and voter registration data, Judicial Watch sent letters to twelve states, and to
113 counties in those states, providing them statutory notice that they were failing to comply
with their list maintenance obligations under Section 8 ofthe NVRA.6 The letters warned those
jurisdictions that they would be subject to a private lawsuit if they did not undertake the list
maintenance required by the statute.
Judicial Watch expects that it will bring such lawsuits against noncomplying
jurisdictions. Further, in July ofthis year, Judicial Watch commenced a lawsuit against the State
of Maryland for refusing to grant it access to election-related documents that the State was
required by the NVRA to keep and to make publicly available.'

AgainstPartisan Gerrymandering,9 YALE L.&
Y REV. 301(1991); Gerrymandering:
Harms and a New Solution, Heartland Institute Monograph (1990).
3
For summaries ofthe relevant cases,see https://www.justice.gov/crt/cases-raising-claimsunder-national-voter-registration-act#philadelphia.
4
Judicial Watch,Inc. v. King, 993 F. Supp. 2d 919(S.D. Ind. 2012);Judicial Watch v.
Husted, Civil Action No. 12-792(S.D. Ohio 2012).
5
This agreement is available at http://www.judicialwatch.org/document-archive/01-14ohio-voter-rolls-settlement/.
6
See http://www.judicialwatch.org/press-room/press-releases/judicial-watch-warns-11states-clean-voter-registration-lists-face-federal-lawsuiti; http://www.judicialwatch.org/pressroom/press-releases/judicial-watch-warns-california-clean-voter-registration-lists-face-federallawsuit/.
7
Judicial Watch v. Lamone,No. 1:17-cv-02006(D. Md. 2017); see
http://www.judicialwatch.org/press-room/press-releases/judicial-watch-sues-voter-registrationdata-national-voter-registration-act/.
2
17-2361-A-006168

 Americans Do Not Trust the Intezrity ofOur ElectoralSystem
The American people have come to believe that there are serious problems with our
electoral system. One study from last year showed that Americans have little faith in the
integrity oftheir elections and postulated that this partly explains low voter turnout.8 A
Rasmussen poll from 2016 reported that only 41% ofthose polled believe "American elections
are fair to voters."9 A Washington Post-ABC News poll from 2016 found that 46% of those
polled believed that voter fraud happens either "somewhat' or "very" often.'
Particularly revealing is a Gallup poll that compares American attitudes with those of
other countries. In a poll taken in 2016 — before the parties' national conventions that summer —
Americans were asked if they had confidence in the "honesty of elections." A "record-low 30%"
said that they did, while an astonishing 69% said that they did not." This trend has become
significantly worse in recent years, and the United States is now a significant outlier among the
nations polled. Gallup reports that "[g]lobally, the U.S. ranks 90th out of 112 countries that
Gallup has asked this question in so far this year," and among countries that are true electoral
democracies,"only Mexico(19%)ranks lower than the U.S."'
Unfortunately, poor list maintenance practices lend credence to the public perception that
our nation's electoral system is not functioning properly.
The Voter List Maintenance Goals ofthe NVRA Are Not Being,Met
As the NVRA itself makes clear in its "Findings and Purposes," it was enacted in order to
achieve two different goals. It was intended, first, to "increase the number of eligible citizens
who register to vote," enhancing their "participation. . . in elections for Federal office"; and,
second, to "protect the integrity of the electoral process," ensuring "that accurate and current
voter rolls are maintained."'
The first goal ofincreasing eligible registrants was intended to be met by increasing the
number of state offices where citizens are offered the opportunity to register to vote. The most
significant NVRA provision supporting this goal is the requirement that every application for a
state driver's license must serve as well as a voter registration application, unless an applicant

See, e.g., Pippa Norris, Holly Ann Garnett and Max Gromping, Why Don't More
Americans Vote? Maybe Because They Don't Trust US. Elections, Wash. Post, December 26,
2016.
9

http://www.rasmussenreports.com/public_content/polities/general_polities/januarv_2016/are u s
elections fair.
10
https://www.washingtonpost.com/page/2010-2019/WashingtonPost/2016/09/15/NationalPolities/Polling/release 444.xml?tid=a_inl.
11
http://www.gallup.com/pol1/196976/update-americans-confidence-voting-election.aspx.
12
Id
13
52 U.S.C. § 20501(b).
3
17-2361-A-006169

 does not wish to register or is already registered.14 It is this provision that has afforded the
NVRA its popular designation as the "Motor Voter" law. There is good evidence that the first
goal ofthe NVRA has been largely realized. For example,in the twenty-year period starting in
1992, a year before the NVRA was enacted, through 2012,the registration rate increased
nationally by more than 11%.15
The second goal of protecting electoral integrity by ensuring accurate and current voter
rolls was supposed to be achieved by the NVRA's requirement that states "conduct a general
program that makes a reasonable effort to remove the names of ineligible voters" from the rolls if
they have died or moved elsewhere.16
This second goal has not been met. Five years ago, this fact was brought forcefully to
national attention by a study noting that"24 million — one of every eight — voter registrations in
the United States are no longer valid or are significantly inaccurate"; that"1.8 million deceased
individuals are listed as voters," and that "2.75 million people have registrations in more than
one state."17
Based on Judicial Watch's research this year, there is every reason to believe that these
problems have gotten worse. This past July, the Election Assistance Commission publicly
released the responses provided to its most recent election administration survey. By law, the
Commission is required to submit a report to Congress every two years "assessing the impact" of
the NVRA "on the administration of elections for Federal office during the preceding 2-year
period."18 States are required to provide the information requested by the Commission.19
Judicial Watch hired a political scientist and demographer to compare the registration
information contained in the Commission's report with the latest census data." We also
contacted particular counties directly to obtain or confirm certain data.
Our study indicates a pervasive failure by state and county officials to fulfill the voter list
maintenance obligations imposed by the NVRA. To begin with, the EAC's survey includes a
question about the number of NVRA address confirmation notices sent during a two-year

14

52 U.S.C. § 20504(a).
Royce Crocker, The National Voter Registration Act of1993: History, Implementation,
and Effects, Appendix A,CONG.RES. SERV., Sept. 18, 2013.
16
52 U.S.C. § 20507(a)(4).
17
Inaccurate, Costly, andInefficient: Evidence That America's Voter Registration System
Needs an Upgrade,PEW RES. CTR. ON THE STATES,Feb. 14, 2012, at 1.
18
52 U.S.C. § 20508(a)(3).
19
See 11 C.F.R. § 9428.7.
20
See The Election Administration & Voting Survey: 2016 Comprehensive Report,
ELECTION ASSISTANCE COIstvI'N, June 29, 2017, available, along with the relevant datasets, at
https://www.eac.gov/research-and-data/election-administration-voting-survey/, and the latest
American Community Survey population and demographic data, available at
https://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml.
15

4
17-2361-A-006170

 reporting period.' Jurisdictions are required to send these notices to those who are believed to
have moved prior to placing them in an inactive status for a statutory waiting period oftwo
general federal elections.22 A failure to send such notices shows that a jurisdiction is not
endeavoring to determine who may have moved elsewhere.
There are over 2,800 counties in states covered by the NVRA. Ofthese, 415, or about
15% of all covered counties, did not report sending any confirmation notices during the two-year
period from 2014 to 2016. This fact suggests a widespread failure to comply with the NVRA.
Moreover, ofthe counties that did report sending confirmation notices, another 581, or about
20% ofthe total, reported sending notices during the last two-year period to fewer than 5% of
their registered voters. Given that the Census Bureau reports that about 11% of Americans move
every year,' these low rates also suggest that these counties are not diligently conducting voter
list maintenance.
Counties' overall registration rates also reveal compliance issues. Our study showed that,
in 462 U.S. counties, the number of voter registrations exceeded the number of citizens over the
age of 18 who resided in those counties. In other words, those counties' registration rates
exceeded 100% ofthe population eligible to register.24 Federal courts have repeatedly held that
such an imbalance between registrations and age-eligible citizens is grounds for believing that a
jurisdiction is not living up to its list maintenance obligations.25 These 462 counties, moreover,
constitute about 17% of all U.S. counties covered by the NVRA where we have enough data to
make these calculations.
These facts show widespread noncompliance with the NVRA. The problem, moreover,
is worse than it was even a few years ago. When Judicial Watch conducted a similar registration
analysis in 2015, we found that 312 counties covered by the NVRA had more registered voters
than voting-age citizen population, which was about 11% of all counties where we had the data
necessary to make this comparison.
State and county officials confronted with improbably high registration rates often try to
talk past the data in predictable ways. For example, such officials tell us that registration rates
are high precisely because the NVRA requires officials to wait for two general elections before
removing the registrations ofthose who have not responded to confirmation notices. By this
reasoning a high registration rate shows, not a lack of compliance with the NVRA,but a diligent
effort to send out confirmation notices and to move registrations to the inactive list.

21

Election Administration & Voting Survey, supra note 19, at 188(question Al Oa).
52 U.S.C. § 20507(d)(2).
23
https://www.census.gov/newsroom/blogs/random-samplings/2017/01/mover-rate.html.
24
Remarkably,there also were 15 counties reporting more voter registrations than their
total populations, including minors and noncitizens.
25
See Voter Integrity Project NC,Inc. v. Wake Cnty. Bd. ofElections, 2017 U.S. Dist. Lexis
23565 at *17-18(W.D.N.C. Feb. 21, 2017); Bellitto v. Snipes, 2017 U.S. Dist. Lexis 107355 at
*52-53 (S.D. Fla. July 11, 2017); Am. Civ. Rights Union v. Martinez-Rivera, 166 F. Supp. 3d
779, 793-94(W.D. Tex. Mar. 30, 2015).
22

5
17-2361-A-006171

 In my experience, such claims are almost always belied by the facts. It is often the case
that a county with a high registration rate also sent relatively few confirmation notices during the
reporting period. Such facts contradict any claim that high registration rates are due to voters
being moved to the inactive list. And while it is conceivable that a"bump" in total registrations
will occur after a sudden, significant effort to remove invalid registrations, this effect should be
temporary and should decline over time. An examination ofthe age ofinactive registrations is
enough to settle this kind of dispute. In one investigation, we found thousands of registrations
that had been inactive for more than a decade. These cannot be explained by ordinary list
maintenance procedures or by the need to wait for two elections before cancelling a registration.
States with high registration rates also implausibly contend that inactive registrations
should not be considered at all in determining registration rates. By subtracting these out, these
states hope to show lower and more reasonable-looking registration rates. The reasons for
conducting this special arithmetical operation are rarely elaborated in any detail, but we have
heard the argument that such inactive registrations are irrelevant because they are awaiting
cancellation, or because the registrants are probably living elsewhere. Note at the outset that the
factual premises of these assertions are wrong. Registrations may be moved to the inactive list
for any number of reasons under various state laws, and notjust because the registrant failed to
return a confirmation notice. Further, as we have discovered, registrations often sit on state
inactive lists for many years beyond the NVRA's statutory waiting period without being
cancelled.
But there is a far more basic problem with the argument that inactive registrations ought
not to count. The NVRA plainly provides that inactive registrations may still be voted.' This
voting can take place as late as Election Day, at which point "affirmation or confirmation ofthe
registrant's address may be required."27 But the voter need not vote by provisional ballot or
endure any other impediment to voting.'
The simple fact is that as long as a registration may be voted on the next Election Day, it
should be treated as part of a state's voter registration list. That is why, when I worked in the
Voting Section ofthe Department of Justice, we invariably considered inactive registrations
when analyzing the NVRA programs of covered states and counties. For the same reason, when
we concluded an NVRA settlement decree or agreement we insisted on receiving information
and reports about inactive registrations.29
26

52 U.S.C. § 20507(d)(2)(A).
Id.(emphasis added).
28
See A. Philip Randolph Inst. v. Husted, 838 F.3d 699, 716(6th Cir. 2016)(Siler, J.,
concurring in part, dissenting in part), cert. granted 137 S. Ct. 2188(2017)("an 'inactive' voter
has all the rights to cast a regular ballot at any election," and "ifthe registrant has any voting
activity during those four years, he or she returns to an active voter status"); Common Cause v.
Kemp,2017 U.S. Dist. Lexis 93417 at *2(N.D. Ga. Mar. 17, 2017)("Voters on the inactive list
can still vote.").
29
See, e.g., United States v. Indiana, 2006 U.S. Dist. LEXIS 45640 at *4-5, *9-10(S.D.
Ind. July 5, 2006)(consent decree requiring initial report and annual reports including
information on inactive voters).
27

6
17-2361-A-006172

 As a final point, it is worth remembering that every U.S. county covered by the NVRA
must abide by the same rules, and must respect and accommodate the same statutory waiting
period. Yet 83% ofthese counties had registration rates — including active and inactive voters —
that were less than 100%. As federal courts have acknowledged, the fact that a county has a
registration rate exceeding 100% is strong circumstantial evidence that that county is not
conducting a reasonable program of voter list maintenance.
The Department ofJustice Has Failed to Enforce the NVRA's List Maintenance Provisions
and Has Impaired States'Efforts to Maintain Their Voter Rolls
From 2005 to 2007, Section 8 list maintenance claims were included in federal
complaints filed by the Department of Justice against Missouri, Maine, New Jersey, Indiana, and
the City ofPhiladelphia. The Department ultimately obtained court-ordered consent decrees
with Maine, New Jersey, and Indiana, and concluded a settlement agreement with the City of
Philadelphia.' I managed each ofthose litigations for the Department. The last ofthe NVRArelated consent decrees expired in 2009.
I was present at a meeting in November 2009 in which the Deputy Assistant Attorney
General in charge of the Voting Section told the staff that Section 8 cases were not a priority.'
From that time until the present, the Department of Justice has not filed a single complaint
involving a claim under the voter list maintenance provisions of Section 8 ofthe NVRA. To my
knowledge, the Department has not sent any state or county a notice letter indicating that it
intended to sue to enforce those provisions. I know, moreover, that there were many states that
the Department could have targeted for enforcement action during the intervening years.
The Department during the last administration appears to have completely abandoned all
efforts to enforce the list maintenance provisions of Section 8 of the NVRA. Even worse, the
Department engaged in litigation specifically intended to limit the ability of states to remove
ineligible registrations from the rolls. I will cite a few examples.
In 2012,Florida sought to conduct a list maintenance program designed to remove
noncitizens from its voter rolls. The Department of Justice and, in a separate action, a group of
left-leaning advocacy organizations sued to enjoin Florida's program. The NVRA requires that
any program to cancel the registrations ofthose who have moved must stop during the 90 days
right before an election.' Both the Department and the private litigants argued that this
provision prevented Florida from attempting to remove noncitizens from the voter rolls during
that 90-day period. The argument is extraordinary, considering that noncitizens were never
30

These cases are described on the Department's website, at
https://vvww.justice.gov/crt/cases-raising-claims-under-national-voter-registrationact#philadelphia.
31
See A Review ofthe Operations ofthe Voting Section ofthe Civil Rights Division, OFFICE
OF THE INSPECTOR GENERAL,OVERSIGHT AND REVIEW DIVISION 100-101, March 2013, available
at https://oig.justice.gov/reports/2013/s1303.pdf.
32
52 U.S.C. § 20507(c)(2)(A).
7
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 eligible to register or vote, and, consequently, that they only could be listed on the voter rolls
because of an error, or by means of a fraudulent registration.
Each ofthe district courts that heard this argument rejected it.33 But the private plaintiffs
appealed, and,in a surprise 2-1 ruling, an 11th Circuit panel accepted their argument and
reversed the lower court's decision.34 Just as surprising, the administration of Governor Rick
Scott refused to appeal that ruling to the Supreme Court. As a result, it is now the law in the
11th Circuit that noncitizens may not be systematically removed from the voter rolls in the 90
days before an election. My point is not merely that the result is wrong, even outrageous, but
that the U.S. Department of Justice actively sought this result.
In two other cases, the Department provided crmicus support to private plaintiffs seeking
to restrict states' ability to monitor and remove ineligible registrations. The NVRA specifies that
voters may not be removed merely for failing to vote.35 The electoral laws of Georgia and Ohio
provide that address confirmation notices must be sent to voters who have had no voting-related
activity for a certain period oftime — three years under Georgia law and two years in Ohio. If
the registrants to whom those notices are sent respond, they are designated as active voters. If
they fail to respond, they are put in an inactive status and, if they do not contact the state or
appear to vote during the NVRA's statutory waiting period oftwo general federal elections, they
are removed from the rolls.
Private plaintiffs in each state sued to enjoin those state laws, arguing that they were,in
effect, removing voters merely for failing to vote, which is proscribed by the NVRA. The
obvious rejoinder to this argument is that no one is being removed for failing to vote.
Registrants are merely being sent address confirmation letters. What happens after that depends
on how they respond.
Both district courts dismissed these lawsuits. The Georgia decision is on appeal to the
11th Circuit.36 The Ohio decision was reversed by a divided panel ofthe 6th Circuit, and
currently is on appeal to the Supreme Court, which granted the appellants' petition for a writ of
certiorari.37 I believe that the plaintiffs' claims are clearly meritless. But again, my main point is
that the U.S. Department of Justice filed briefs supporting the plaintiffs in their efforts to restrict
the power of states to remove ineligible registrants from the voter rolls.
More recently, in August ofthis year, the Department filed an amicus brief in the
Supreme Court in the Ohio case reversing its prior position and supporting the State's

U.S. v. Detzner, 870 F. Supp. 2d 1346(N.D. Fla. 2012); Arcia v. Detzner, 908 F. Supp.
2d 1276(S.D. Fla. 2012).
34
Arcia v. Detzner, 746 F.3d 1273(11th Cir. 2014).
35
52 U.S.C. § 20507(b)(2).
Common Cause v. Kemp,2017 U.S. Dist. Lexis 93417(N.D. Ga. Mar. 17, 2017),appeal
36
docketed, No. 17-11315 (11th Cir. Mar. 23, 2017).
37
A. Philip Randolph Institute v. Husted,2016 U.S. Dist. LEXIS 84519(S.D. Ohio June 29,
2016), rev'd, 838 F.3d 699(6th Cir. 2016), cert. granted sub nom. Husted v. A. Philip Randolph
Institute, No. 16-980, 2017 U.S. LEXIS 3506(May 30, 2017).
33

8
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 interpretation ofthe NVRA. I commend the Department for this decision. The position it takes
in this brief is clearly supported by the plain text ofthe NVRA and by existing law.
Beyond the issues raised in this one case, however, I trust that this action signals that the
Department is abandoning the approach adopted during the prior administration, which not only
failed to enforce the list maintenance provisions of the NVRA,but sued states that were trying to
comply with the statute. I also urge the Department to investigate states' and counties' voter list
maintenance programs, and to notify and then sue those jurisdictions that fail to comply with the
obligations imposed by Section 8 ofthe NVRA. With 462 counties showing registration rates
greater than 100%,there are a large number of potential targets for enforcement.
Judicial Watch is proud of its efforts to enforce Section 8 ofthe NVRA. But the
Department of Justice should be leading this work. The Department has far greater resources at
its disposal than private nonprofits like Judicial Watch, and is far more likely to obtain the
voluntary cooperation of states and counties when it notifies them of a potential violation.
The NVRA Should Be Enforced
There are sound policy and legal reasons for enforcing the voter list maintenance
provisions of the NVRA and requiring states to clean their voter rolls. Yet,in engaging in this
discussion, I find it is important not to confuse this matter with the debate over state voter
identification laws. While I believe, with a majority of Americans,that there are persuasive
reasons for requiring reliable photo identification at the polls on Election Day,the enforcement
ofthe NVRA is a broader topic and it raises a number of different concerns.
To begin with, the NVRA already is federal law. Congress already engaged in the
weighing offactors and the deliberation necessary to justify that law. We ought not choose
which federal laws, or which provisions ofthose laws, we will enforce. This is particularly so
with compromise legislation like the NVRA. As the statute's "Findings and Purposes" makes
clear, the NVRA sought to accommodate both those who hoped for greater registration and
access to voting, and those who hoped to ensure election integrity and guarantee accurate voter
rolls. It is contrary to congressional intent, and,frankly, dishonest, to enforce only half of a
compromise bill.
In addition, accurate voter lists prevent more kinds offraud than a voter ID requirement.
For example, an accurate voter list prevents double voting, which most commonly occurs where
recently moved voters vote in the electoral precincts associated both with their new and their old
addresses. Requiring an ID does not prevent this, because double voters are who they say they
are. Regular maintenance ofthe voter rolls also diminishes the opportunities for absentee or
mail-in ballot fraud, which most experts agree is more common than impersonation fraud. Every
week Judicial Watch gets emails like the one we received just a few days ago:
In the mail today, a letter came from the State of California Department of Motor
Vehicles. The letter was addressed to my mother. . . who has been deceased
since 2009. In the latter was a renewal form for her Disabled parking and a Voter
Registration Form that just needed to be filled out and sent in. If these letters are
9
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 being sent at large to people who are deceased, it would be extremely easy for
anyone to fill out the voter registration form — requesting to vote by mail — and no
one would know that it was a fraudulent vote.
Our correspondent is correct, and if the voter rolls were better maintained, the possibility
she alludes to would not arise.
Maintaining accurate voter rolls as required by the NVRA also has other benefits that
have nothing to do with preventing fraud. For example, accurate voter rolls prevent honest
mistakes, such as where those who are not aware that they are ineligible vote because they are
listed on the rolls, or where voters cast a ballot in the wrong location, possibly in the wrong
election, because the rolls are not current.
In addition, inaccurate voter rolls hamper legitimate voter education and get-out-the-vote
efforts. To the extent that these efforts rely on voter rolls to determine whom to contact and
where they may be reached, inaccurate voter rolls increase the expense of such efforts. It costs
money to send thousands of pieces of mail to wrong addresses or to persons who no longer
reside in the state.
As a final point, I would like to make a few observations about voter fraud, a topic much
discussed today. We know that voter fraud, whether impersonation fraud, absentee ballot fraud,
registration fraud, double voting, noncitizen voting, or voting by those ineligible under state law,
occurs and is, in some form, a feature of every election, and we have suggestive, but not
conclusive, evidence about the extent of such fraud. We also know that voter fraud is hard to
detect and prove, especially where the law requires a showing of specific intent. We know that
many states do not even bother to track voter fraud.38 We also know that this is probably to be
expected, given that voter fraud often is lightly penalized. In preparing my statement, I
happened to research some ofthe voter fraud laws in neighboring Vermont. Its election law
provides that the penalty for casting more than one ballot is a maximum fine of $1,000 for a
primary or general election, $100 for a local election, and no incarceration in either case.39 At
the same time, Vermont law provides that the penalty for selling maple syrup without a license is
a maximum fine of$5,000 and up to a year in prison.'
In any case, discussions about the precise extent and effect of voter fraud risk obscuring a
more important point: Elections, like kitchens, must look clean. I was managing an election
monitoring team in Philadelphia in November 2008 when two men, one ofthem armed with a
club, took up a position outside a local polling station.41 Four years later, I was back in
Philadelphia when we received a report that one polling place had a floor-to-ceiling mural of
President Obama, along with his campaign logo and a quote from one of his speeches.42
38

See Robert D.Popper,Political Fraud About Voter Fraud, WALL ST. J., April 27, 2014.
17 V.S.A. § 1971.
ao
6 V.S.A. §§ 483,498.
41
https://www.youtube.cotn/watch?v=neGbKHyGuHU.
42
http://www.nbcphiladelphia.com/news/local/Obamas-Face-Covered-at-Polling-PlaceAfter-Court-Order-177511541.html.
39

10
17-2361-A-006176

 No one would dismiss the need for legislation forbidding weapons at a polling place
because violence is rare, or because no one was frightened away from the polls, or because the
incident did not sway the outcome of an election. People should be able to rely on the fact that
they will be physically safe at polling stations.
Similarly, no one would deny the value of laws against electioneering or partisan displays
inside polling places on the ground that these displays did not change anyone's mind or
determine an election. Such displays suggest to the voters that the election officials are not
impartial. Even if it never changes or influences a single vote, this behavior sends a bad message
to the public. It suggests that election officials are not going to be fair.
For the same reasons, the law should incorporate and enforce elementary protections
against voter fraud. Indeed, it is in part the absence of such protections that has led an
astonishing 69% of Americans to say that they do not have confidence in the honesty of our
elections. These elementary protections include the voter list maintenance provisions of Section
8 ofthe N'VRA. Along with all ofthe other advantages derived from the statute, diligent
enforcement ofthe NVRA will help convince the public that American elections are clean.

11
17-2361-A-006177

 Message
From:
Sent:
To:
Subject:

Kris Kobach [
]
6/29/2017 4:46:18 PM
'Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov];'Kossack, Andrew .1. EOP/OVP'
[Andrew.J.Kossack@ovp.eop.gov]
Person seeking to work for Commission

Mark,
Here's the person I mentioned on the phone who's interested in working for the Commission.
Kris
From: Michael Flanagan [mailto:flanagan@flanaganconsulting.com]
Sent: Wednesday, May 24, 2017 12:28 PM
To:
Cc:
Subject: Commission on Election Integrity

Dear Mr. Kobach,
Thanks for talking with our friend JD about my joining the Commission. I understand that the White House is interested
in Democrats as a priority right now. I fully grasp that and I understand. A desire to have a "balanced" board of review
is important and will go a long way to making it bullet-proof with the excellent findings and proposals that you will no
doubt generate.
I am taking advantage of the access provided by JD's strong relationship with you to help you in this email. I hope that I
will hit all of the right chords.
First, I would be an asset to your team. Second, I can manifestly help you find and enlist good Democrats who will be
interested in fighting voter fraud and will not be partisan hacks. Last, am asking for a position on or as staff to the
Commission.
First, I am the rarest of all Republicans — I am a genuine urban Republican who is not a nut. In large urban areas, our
ranks have long been distilled down to crazies who cling to the impossible dream of a super-conservative revival in
urban areas. I am quite practical and well-thought of in urban areas and political circles there. While very conservative,
I speak a practical version of our positions which often fall on fertile ground. In my first primary there was a total of 15K
votes cast for all candidates. In my second primary, 45K votes were cast in my district. A modest party revival was
underway and the local Democratic Party knew it. It would never be a majority but it could have been a credible
opposition — they simply could not allow that to be started.
I have a unique understanding of voter fraud in large, urban areas. It starts with a legitimization single party rule while
demonizing the other party, then moves to encouraging the faithful that the end justifies the means in the fight against
the opposition and that, finally, they should do "what they can" to ensure OUR success. Individuals become sole agents
for voter fraud which manifests itself in a thousand different ways ranging from voting for the dead to voting multiple
times in multiple districts. Most voter fraud is not an organized effort but individual decisions to help "the larger"
effort. Complimenting this, there absolutely is a very organized effort — much of it by Jan Schakowsky's husband, Robert
Creamer, with whom I am personally and very familiar. I know many of the players and I can be of great help to you.
To add to my personal credentials, I worked for years at the Chicago Board of Election Commissioners and I have many,
many contacts which will be of practical value to the Commission. Additionally, these years gave me an expert's
17-2361-A-006178

 understanding of the processes and the potential (and actual) abuses of that process. I would be a great asset to your
Commission and would look forward to an opportunity to serve.
Second, I would be very happy to circulate among high profile Democrats to achieve others interested in sitting on the
Commission. I know more than a few who may find it efficacious for themselves to "buck" the current Democratic Party
and voice an attack on voter fraud. Pro-Life, centrist and rural Democrats chased from office in primaries by leftists
looking to purge the party will provide excellent grounds for Former Members of Congress and other High Profile
Democrats to join in your well-led efforts. I would be happy to talk with some of these on behalf of you and your
efforts.
Third, I will be frank, I have been in the jobless DC desert of the Obama Administration for eight years. I worked very
hard for the election of Mr. Trump — even before his nomination. Sir, in all candor, I need a job and I would be very
willing to work on staff, possibly with the hope of eventually joining the ranks of the Commission members. If you have
any interest in capturing my experience, expertise and efforts on your behalf, you will find me willing to do just about
anything to start you well on the road to success. I would not regard a staff position as a step-back at all but as an
opportunity to prove my worth and to succeed. In fact, a high staff member helping to shape the efforts of the
Commission might actually be the best position for me. I held such a position for the Special Inspector General for Iraq
Reconstruction (SIGIR) in 2013 as a "Senior Advisor." It was a GS-15 slot and I was happy and proud to have
served. Sadly, the agency closed or I would still be there. I would be glad to have such a position working for you — or
any position that you deem needed.
If you think that I could be of use to you in any capacity, I would be very glad to talk with you at a moment of your
convenience. I am reachable at the contact points included (below) and would appreciate a chance to speak with you at
a moment of your convenience. I can provide many letters of recommendation from sitting Members of Congress,
leaders in industry or others in Chicago and DC as you may wish.
I sincerely hope to hear from you soon and please allow me to lend my expertise to your effort and on your behalf.
With Regards,
Mike Flanagan

Michael Patrick Flanagan
President, Flanagan Consulting LLC
1279 Delaware Avenue,SW
Washington, DC 20024
(202) 675-8336
flanagan@flanaganconsulting.com
web addresses:
www.flanaganconsulting.com
www.linkedin.com/in/mpflanagan
www.newsmax.com/flanagan

17-2361-A-006179

 Message
From:
Sent:
To:

CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/18/2017 9:48:35 PM
'Kris Kobach
]; cwlawson@sos.in.gov;
Christy McCormick
; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovskv. Hans Hans.VonS akovsky@heritage.ord Christian Adams
[adams@electionlawcentercom]; Alan L. King[
; matthew.dunlap@maine.gov
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
please HOLD for next meeting

Dear Members,

Please mark your calendars for Tuesday, September 12th for our next meeting. You'll likely want to plan
to travel the afternoon/evening of the 11th. We'll be back in touch early next week with additional
details. Thanks for your patience as we lock down all the logistics.
If you have any questions or concerns at this point, please let me know.
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associ
Office of the Vice President

Cell:
Email: An rew.3

ossack@lovp.eop.gov

17-2361-A-006180

 Message
From:
Sent:
To:

CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/18/2017 9:48:35 PM
'Kris Kobach [
; cwlawson@sos.in.gov;
Christy McCormick
; david@capitolpartnersarcom; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]; Christian Adams
[adams@electionlawcentercom]; Alan L. King[
; matthew.dunlap@maine.gov
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
please HOLD for next meeting

Dear Members,
Please mark your calendars for Tuesday, September 12th for our next meeting. You'll likely want to plan
to travel the afternoon/evening of the 11th. We'll be back in touch early next week with additional
details. Thanks for your patience as we lock down all the logistics.
If you have any questions or concerns at this point, please let me know.
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J .Kossack@lovp.eop.gov

17-2361-A-006181

 From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
To: 'Kris Kobach
cwlawson <cwlawson@sos.in.gov>; chipkate <
>; mattdunlap.
kennethblackwel1693 <
>; Christy McCormick
>; david <david@capitolpartnersarcom>; ar
o es <mr o es woodcountywv.com>; von
Spakovsk , Hans <Hans.VonSpakovsky@heritage.org>: Christian Adams <adams@electionlawcentercom>: Alan L. King
; matthew.dunlap <matthew.dunlap@maine.gov>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>; Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: please HOLD for next meeting
Date: Fri, Aug 18, 2017 5:48 pm

Dear Members,
Please mark your calendars for Tuesday, September 12th for our next meeting. You'll likely want to plan to
travel the afternoon/evening of the 11th. We'll be back in touch early next week with additional details.
Thanks for your patience as we lock down all the logistics.
If you have any questions or concerns at this point, please let me know.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006182

 Message
From:
Sent:
To:
Subject:
Attachments:

Kris Kobach(
6/30/2017 6:07:59 PM
Please print
Talking Points 6-30-17.docx; Voter Roll Request talking points.docx

17-2361-A-006183

 Talking Points: Commission's Request for Voter Registration Data
Why does the Commission need voter registration information for its study?
In order to fully analyze voter registration accuracy and integrity, the Commission requires data from
state voter registration rolls to perform cross-checks and determine whether voters are registered in
multiple states, ineligible voters are registered (such as the deceased), or other vulnerabilities are
present in our elections system.
This is not new. States have been sharing this data for years through the Electronic Registration
Information Center, Inc.(ERIC) and the Interstate Crosscheck Program. This is the first time we're trying
to pull those efforts together more broadly at a 50-state level.
People are registered in multiple states all the time, right? And that's not a crime.
This Commission is looking at election processes not only for actual fraud, but also for improper
registrations and improper voting. What the Commission seeks to do is identify weaknesses in election
processes that create opportunities for fraud. Certainly, not everyone who's registered in multiple states
is a fraudster, but those duplicate registrations give fraudsters the opportunity to abuse the system and
innocent people the opportunity to make mistakes and vote improperly. That affects the integrity of the
system and people's confidence in it.
What if a state refuses to provide the information?
It is in every state's best interests to ensure the integrity of elections and state voter rolls. We are asking
only for public information, so it is unclear why any state would refuse to provide this.
We remain hopeful we can work cooperatively with all states to ensure the accuracy and reliability of
voter rolls.
Will any personal information be made public?
No. The Commission will not release personally identifiable information to the public. Names, birth
dates, any elements of Social Security numbers, addresses, and other personal information will be
maintained as confidential.
What will the commission do with the registration information?
The Commission will use such information solely to perform cross-checks of state voter registration
data. Any results of that analysis will be presented to the Commission in aggregated or deidentified
form,so that no individual voter's personal information will be identified to the Commission or in any
reports the commission will issue.
What will the commission make public?
Under the Federal Advisory Committee Act(FACA),the commission will make documents, reports and
other materials public once they are made available to or prepared for or by the Commission as a
whole. No reports submitted to the full commission will contain any personal or identifying information
from state voter rolls, unless such information has already been made public in the course of a criminal
proceeding or other public process.

17-2361-A-006184

 What do you say to those who claim this will result in voter suppression?
This is about election integrity and ensuring the principle of one person, one vote. The federal
government has no authority to remove anyone from state voter rolls. It is up to states to take
appropriate actions to clean their voter rolls. The Commission will identify best practices and
opportunities for states to equip them to do so effectively and ensure the integrity of their elections.

Recent Examples:
Virginia —June 27, 2017: A Virginia college student pled guilty to fraudulently registering 18 voters.[
HYPERLINK "http://www.businessinsidercom/andrew-spieles-virginia-voter-registration-2017-6"]
Sentenced to between 100 and 120 days in prison.
Issue was only discovered because a local registrar's office employee recognized one of the
names voter registrations and knew he was deceased.
The Registrar's Office then found multiple other forms similarly fabricated, containing either the
names of deceased people, or "incorrect middle names, birth dates, and social security
numbers."
Indiana —June 9, 2017:"Indiana Voter Registration project, 12 employees charged with falsifying voter
registration applications" -[ HYPERLINK "http://fox59.com/2017/06/09/indiana-voter-registrationproject-12-employees-charged-with-falsifying-voter-registration-applicationsr ].
Marion County Prosecutor Terry Curry, a Democrat, said,"Without regard to alleged motivation,
the paramount concern is protecting the integrity of the electoral process, and intentional
irregularities in voter registrations cannot be tolerated."
Texas — February 2017: A Texas woman was sentenced Thursday to eight years in prison and slapped
with thousands of dollars in fines for committing voter fraud.[ HYPERLINK
"http://www.theblaze.com/news/2017/02/09/non-us-citizen-gets-eight-years-for-voter-fraud-in-texasr
]
Rosa Maria Ortega of Grand Prairie, Texas, is a Mexican citizen, but a legal U.S. resident,[
HYPERLINK "http://www.fox4news.com/news/234551542-story" ]. She is not a U.S. citizen, thus
making her ineligible to vote.
Ortega was arrested and indicted on [ HYPERLINK "http://www.dallasnews.com/news/tarrantcounty/2017/02/08/grand-prairie-woman-found-guilty-illegal-voting" ]in 2015 after police
discovered she had applied for voter registration in Dallas County, Texas, and that she had
falsely indicated on the application form she was a U.S. citizen. This, after a[ HYPERLINK
"https://texasattorneygeneral.gov/news/releases/ag-paxtons-office-obtains-voter-fraudconviction-in-tarrant-county" ]said Ortega applied for voter registration in nearby Tarrant
County five months earlier, but was rejected because she marked that she was not a U.S. citizen,
but a U.S. legal resident.

17-2361-A-006185

 Kansas — Past 2 years — Nine people convicted of voter fraud in Kansas -[ HYPERLINK
"http://cjonline.com/news/2017-05-03/ninth-person-convicted-voter-fraud-kansas"]

17-2361-A-006186

 • This is publicly available information. Any person on the street can walk into a
county election office and get it.
• Why doesn't the CA SoS want the presidential commission to look at the states
voter rolls? What is he trying to hide?
• The Pew Foundation estimates that 1.8 million deceased individuals are still
registered to vote, and they concede that their estimate is likely on the low side....
Why wouldn't we want a federal commission to use the Social Security database
and calculate the correct number and see what it is? Let's suppose it's 2 million.
We can also determine the voter history and see how many of the 2 million cast
votes after the date of death. Let's suppose the number is 2,000. Wouldn't it be
important for the public to know that???
• In Virginia on Monday, a college student was convicted for fraudulently
registering 18 dead people. Gee, I wonder what he was going to do after those 18
names were registered... Maybe try to vote those identities.... You think?
• In Kansas in the last 2 years, my office has convicted 9 people of voter fraud. 8
for voting in multiple states in the same election, 1 for voting while being an alien.
• How in the world can studying these statistics and providing information to the
American public suppress votes??? That's the dumbest argument I've ever heard.
• In Kansas, an academic expert has analyzed our voter rolls and estimated that
there may be more than 18,000 aliens registered to vote in our state. Wouldn't it
be useful to know the actual number? For every state?
• CA is notoriously lax in going after voter fraud. In the last 2 years, KS has
convicted 9 people for voter fraud. California has only convicted 3 people in the
last 2 years. Now CA has 13X the population of Kansas. If the political leadership
of the state were serious about dealing with voter fraud, they would have a much
higher number of prosecutions.

17-2361-A-006187

 From:
To:
Subject:
Date:

John Gizzi
Kris Kobach
Please read over...want as lead in Newsmax tomorrow
Monday, July 24, 2017 6:57:07 PM

Reports of"Non-Cooperation" From States Is
"Fraud," Election Fraud Commission Vice-Chairman Tells Newsmax
By John Gizzi
"There is a great deal offake news and lazy news being reported about
the work ofthe bipartisan Presidential Advisory Commission on Election
Integrity," said its vice chairman, Kansas Secretary of State Kris Kobach,"and
the truth is, we're proceeding along just fine."
In an exclusive interview with Newsmax last week,Kobach took after
national reporters who have been,in his words,"mis-reporting what we are
doing,just as we're getting started."
Kobach specifically pointed to widespread reports that more than 30
states were not "not complying with the commission" and "not making
available" data on registered voters.
"That is flat-out wrong," he told us, adding that several reports said the
Commission was turned down when it requested "personal information."
The Commission, according to Kobach,"never requested any 'personal
information' but, rather,just the information on voters that is publicly available
from every county in the U.S."
So far, he added,30 states are cooperating with the Commission and
"will provide the data we are requesting." Only fourteen have definitely said
"no," according to Kobach, and this will force the commission to get the voter
data from individual counties.
Kobach pointed to Virginia, where Democratic Gov. Terry McAuliffe
last month became the first governor in the nation to announce that he would
not cooperate with the commission.
"Virginia conducts fair, honest, and democratic elections, and there is no
evidence of significant voter fraud in Virginia," McAuliffe wrote in response to
Kobach's request for voter information.
McAuliffe's response came about three weeks after Andrew Spieles, a
James Madison University student, pled guilty to charges he submitted eighteen
fraudulent voter registrations last year. Spieles, who worked for the
17-2361-A-006188

 Democratic Party-affiliated organization Harrisonburg Votes, was sentenced to
100- to-120 days in prison.
Kobach also noted that commission member and former Federal
Elections Commission member Hans von Spakovsky spelled out 938 specific
cases of non-existent voters since 2000.
Kobach himself presented to the commission his own record of
prosecuting 128 cases of non-citizens voting in Kansas.
The commission is chaired by Vice President Mike Pence and has two
full-time staffers working out ofthe vice president's office. Kobach expects
that the commission will hold "two or three further hearings" and will have a
final report "by next summer or early spring—assuming,of course, that the
left-wing lawsuits that have been filed against us don't slow us down."

17-2361-A-006189

 Message
From:
Sent:
To:
CC:
Subject:

Agen,Jarrod P. EOP/OVP [Jarrod.P.Agen@ovp.eop.gov]
7/5/2017 6:23:55 PM
Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
PLEASE REVIEW: DRAFT statement

Unfortunately, there is fake news being spread about the participation by states to our request for publicly available
voter data, as permitted under state law, by the Presidential Advisory Commission on Election Integrity. It is patently
false that over 40 states have refused the commission's request. In fact, dozens of states have released statements that
they intend to provide the publicly available voter data in accordance with their state laws -- just as the commission has
requested. While some politicians, for partisan purposes, may reject any cooperation with the commission, its work will
continue because the public has the right to know. And while some in the media distort, this commission will continue
to gather the facts and then go where those facts lead, without preconceived notions or prejudgments in its effort to
ensure the integrity of each American's vote.

17-2361-A-006190

 Message
From:
Sent:
To:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
6/28/2017 2:37:49 PM
Kris Kobach [
]
Pls call asap

Mark Paoletta
Counsel to the vice President
202 456 2734 (work)
(cell)
sent from my i Phone

17-2361-A-006191

 Message
From:
Sent:
To:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
7/1/2017 5:46:01 PM
Kris Kobach [
]
Pis call

Mark Paoletta
Counsel to the Vice President
202 456 2734 (work)
(cell)
Sent from my i Phone

17-2361-A-006192

 Draft for Discussion — 8.9.2017

Outline: Possible Components of Commission Report
Table of Contents
Letter from VP/Chairman (or joint letter with Vice Chair)
• Importance of election integrity
• Effect of perceived integrity issues on voter turnout
• Examples of elections decided by close margins
• Commitment to supporting state election officials with implementation of best practices
• Key themes in commission's findings
Executive Summary
11
• Definition of election integrity
• Select examples of integrity issues
o E.g., results of voter roll statistca1pnalysis,
recent vote` .Fid convictions, etc.
q 11
• Explanation of report methodology "
11111
o Use of state voter registration data
Use of other anecdotal aid statistical
• Summary of key findings ' '0111
111111111
.
11111111111
11,.
111111111111
Part I: The Commission's Purpose
..:,11111111040„,„
..1111i1111,
• Executive Order 13799
• Enhancing the American people's confidence in the integrity ofthe voting process
• Identifying what undermines the American people's confidence in the integrity ofthe
voting process
• Identifying vulnerabilities in voting systems and practices

o

i

#

Part IL Laws, rules, policies, activities, strategies and practices the enhance the American
people's confidence in the integrity of the voting process used in Federal Elections
• Pre-Election Day practices
o Voter roll maintenance
• Importance of maintaining accurate and updated voter registration lists
• Case studies of states with effective list maintenance processes and
policies
• Intra-State voter registration data sharing (i.e., use ofDMV,jury data, tax
information)
• Inter-State voter registration data sharing (i.e., Crosscheck, ERIC)
• State-Federal partnerships to verify voter eligibility
• Public-Private partnerships (i.e., use ofcommercial databases to verify
voter registration eligibility)
• Statistical data (i.e., states participating in data sharing programs; accuracy
rate; outcomes)
o Anecdotal data, voter and poll worker testimonies

17-2361-A-006193

 Draft for Discussion — 8.9.2017

o Other pre-election best practices
• Election Day practices
o Proof of eligibility
o Voter ID
o Provisional ballots and other mechanisms to ensure eligible voters have the ability
to cast ballots
o Statistical data
o E.g., comparison of states with voter ID vs states without voter ID
o Best practices
• Post-Election Day practices
1113
o Auditability of election results
o Investigating and prosecuting election crimes
• Methods for identifying, invrtigating, and prosecuting election crimes
• Coordination between ele01 1 tfficials and other government agencies
(D0J,FBI, USAO,othl ies in multi-state investigations)
o Statistical data
• Number ofinvestigations, 4,1rutions,
and convictioPS„.ir
1
o:/oter fraud
type
o Best practices
Part III: Laws, rules, policies, activities, strategies and practices the undermine the American
people's confidence in the integrity of the voting process used in Federal Elections
• Reasons for voters lack of confidence in the process
o Polls, statistical data, and surveys qiir
• E.g., U.S Cenus data regarding "Reasons for not Voting"
o Effects of efforts to increase access on,:voter turnout over time
0. Cornpare voter turnout in states with voter photo ID vs. states without voter photo
ID
111111 111
reluctance to maintain accurate and updated voter registration lists
•
tigation
11111111'
atting chal
es when comparing/utilizing multiple databases
• Improper
trad "!1 practices
11
o Regist i'ns
!gis
ttple states
Convictede
hi
Non-citizen egistration
False registrations(deceased individuals, fictitious identities, etc.)
• Instances offraudulent or improper voting
o Duplicate voting
o Absentee and mail ballot fraud
o Non-citizen voting
o In-person voter impersonation
o Recent case studies (approx.. 3-4)
• Instances of other election crimes

it;

17-2361-A-006194

 Draft for Discussion — 8.9.2017

o Vote rigging: allowing votes improperly, not counting or destroying ballots,
tampering with ballots
o Voter intimidation
o Vote buying
o Voter suppression
o Recent case studies(approx.. 3-4)
• Proliferation of personal information and effect on potential for improper or fraudulent
voting
o ID theft
o Ability for fraudsters to identify voters who have ffloved, declined to vote in
previous elections, etc.
• Other best practices
Part IV: Vulnerabilities in voting systems
• Cybersecurity
o Domestic and international cyber threats to state voter registration data
• Voting equipment and technology
o Types of commonly:used voting equipment; system vulnerabilities
o Outdated voting equipment
o Funding strategies for maintaining secure systems.
• Best practices to safeguard against System vulnerabilities gh„
Part V: Review ofFAttleCiiiiillaws
,14111ili
• NVRA
• HAVA

1111111111400,„, . .

Part VI: Conclusion and Recommendations

Supplemental Information
• Glossary of terms
• Relevant maps, graphs,
• Other resources
• References

es, and other illustrations

17-2361-A-006195

 Draft for Discussion — 9.13.2017

Outline: Possible Components of Commission Report
Table of Contents
Letter from VP/Chairman (or joint letter with Vice Chair)
• Importance of election integrity
• Effect of perceived integrity issues on voter turnout
• Examples of elections decided by close margins
• Commitment to supporting state election officials with implementation of best practices
• Key themes in commission's findings
Executive Summary
11
• Definition of election integrity
• Select examples of integrity issues
o E.g., results of voter roll statistca1pnalysis,
recent vote` .Fid convictions, etc.
q 11
• Explanation of report methodology "
11111
o Use of state voter registration data
Use of other anecdotal aid statistical
• Summary of key findings ' '0111
111111111
.
11111111111
11,.
111111111111
Part I: The Commission's Purpose
.:,11111111040„,„
..1111i1111,
• Executive Order 13799
• Enhancing the American people's confidence in the integrity ofthe voting process
• Identifying what undermines the American people's confidence in the integrity ofthe
voting process
• Identifying vulnerabilities in voting systems and practices

o

i

#

Part IL Laws, rules, policies, activities, strategies and practices the enhance the American
people's confidence in the integrity of the voting process used in Federal Elections
• Pre-Election Day practices
o Voter roll maintenance
• Importance of maintaining accurate and updated voter registration lists
• Case studies of states with effective list maintenance processes and
policies
• Intra-State voter registration data sharing (i.e., use ofDMV,jury data, tax
information)
• Inter-State voter registration data sharing (i.e., Crosscheck, ERIC)
• State-Federal partnerships to verify voter eligibility
• Public-Private partnerships (i.e., use ofcommercial databases to verify
voter registration eligibility)
• Statistical data (i.e., states participating in data sharing programs; accuracy
rate; outcomes)
o Anecdotal data, voter and poll worker testimonies

17-2361-A-006196

 Draft for Discussion — 9.13.2017

o Other pre-election best practices
• Election Day practices
o Proof of eligibility
o Voter ID
o Provisional ballots and other mechanisms to ensure eligible voters have the ability
to cast ballots
o Statistical data
o E.g., comparison of states with voter ID vs states without voter ID
o Best practices
• Post-Election Day practices
1113
o Auditability of election results
o Investigating and prosecuting election crimes
• Methods for identifying, invrtigating, and prosecuting election crimes
• Coordination between ele01 1 tfficials and other government agencies
(D0J,FBI, USAO,othl ies in multi-state investigations)
o Statistical data
• Number ofinvestigations, 4,1rutions,
and convictioPS„.ir
1
o:/oter fraud
type
o Best practices
Part III: Laws, rules, policies, activities, strategies and practices the undermine the American
people's confidence in the integrity of the voting process used in Federal Elections
• Reasons for voters lack of confidence in the process
o Polls, statistical data, and surveys qiir
• E.g., U.S Cenus data regarding "Reasons for not Voting"
o Effects of efforts to increase access on,:voter turnout over time
0. Cornpare voter turnout in states with voter photo ID vs. states without voter photo
ID
111111 111
reluctance to maintain accurate and updated voter registration lists
•
tigation
11111111'
atting chal
es when comparing/utilizing multiple databases
• Improper
trad "!1 practices
11
o Regist i'ns
!gis
ttple states
Convictede
hi
Non-citizen egistration
False registrations(deceased individuals, fictitious identities, etc.)
• Instances offraudulent or improper voting
o Duplicate voting
o Absentee and mail ballot fraud
o Non-citizen voting
o In-person voter impersonation
o Recent case studies (approx.. 3-4)
• Instances of other election crimes

it;

17-2361-A-006197

 Draft for Discussion — 9.13.2017

o Vote rigging: allowing votes improperly, not counting or destroying ballots,
tampering with ballots
o Voter intimidation
o Vote buying
o Voter suppression
o Recent case studies(approx.. 3-4)
• Proliferation of personal information and effect on potential for improper or fraudulent
voting
o ID theft
o Ability for fraudsters to identify voters who have ffloved, declined to vote in
previous elections, etc.
• Other best practices
Part IV: Vulnerabilities in voting systems
• Cybersecurity
o Domestic and international cyber threats to state voter registration data
• Voting equipment and technology
o Types of commonly:used voting equipment; system vulnerabilities
o Outdated voting equipment
o Funding strategies for maintaining secure systems.
• Best practices to safeguard against System vulnerabilities gh„
Part V: Review ofFAttleCiiiiillaws
,14111ili
• NVRA
• HAVA

1111111111400,„, . .

Part VI: Conclusion and Recommendations

Supplemental Information
• Glossary of terms
• Relevant maps, graphs,
• Other resources
• References

es, and other illustrations

17-2361-A-006198

 Draft as of 8/9/17

Possible Components of Commission Report

1. Part I: Laws, rules, policies, activities, strategies, and practices that enhance the American people's
confidence in the integrity of the voting processes used in Federal elections.
a. Voter registration list maintenance
i. Maintaining accurate and updated voter rolls
ii. Cross-checks
iii. Multi-state partnerships
iv. Data sharing by federal agencies
b. Election Day practices that enhance confidence
i. Proof of eligibility
ii. Voter ID laws
iii. Provisional ballots and other methods for ensuring eligible voters the ability to vote
c. Post-Election practices that enhance confidence
i. Auditability of election results
ii. Enforcement of criminal laws against election law violations
zi$
d. State-to-state partnerships
i. Use of public databases and other state resources (e.g., county tax records,jury
duty lists, Electronic Registration Information Center (ERIC), Interstate Crosscheck
Program)
ii. Sharing information on voter registration, vote history (e.g., frequency, location),
and election crimes
e. Federal and state partnerships
i. Use of public databases and other federal resources (e.g., U.S. Census Bureau, DHS
citizenship forms DOJ/USAO,federal conviction information, National Change of
Address)
ii. Sharing information on citizenship status, voter registration, vote history (e.g.,
frequency, location), and election crimes
iii. Federal funding for state election administration
f. Education
i. Reiterating importance of civics; encouraging people to vote
ii. Importance and benefit to total society having free, fair, legitimate elections and
election systems
iii. Outreach to diverse electorate (i.e., minorities, elderly, military voters)
2. Part II: Laws, rules, policies, activities, strategies, and practices that undermine the American
people's confidence in the integrity of the voting processes used in Federal elections.
a. Effects of Election Integrity on Voter Turnout
i. Reasons for voters' lack of confidence in the process
ii. Effects of efforts to increase access on voter turnout over time
iii. Federal, state and local elections decided by close margins
iv. Compare voter turnout in states with voter photo ID vs. states without voter photo
ID
b. Federal laws in need of updates
i. NVRA

4111

17-2361-A-006199

 Draft as of 8/9/17

ii. NAVA
c. Inaccurate voter registration lists and improper registrations
i. Registration fraud (i.e., non-citizen registration; double registration; felon
registration; false registration; third-party organizations registration)
ii. Online registration
iii. Automatic registration
iv. Databases used to verify voter registration lists
1. Compatibility and formatting challenges when comparing information in
databases
2. Use of public-private partnerships to increase accuracy of analyses
v. Strategies to minimize false positives when conducting voter roll maintenance
d. Fraudulent or improper voting
i. Double voting
11111111
ii. Non citizen voting
iii. In person voter impersonation
iv. Illegal ballot casting
v. Illegal voting assistance at polling places
vi. Fraudulent use of absentee ballots and mail-in ballots
e. Election crimes
Voter intimidation and voter suppression
lir
li.
ii. Vote buying
iii. Investigation methods for identifying and prosecuting election crimes
iv. Coordination efforts between DOJ/USAO and state election administration officials
3. Part Ill: 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.
a. Cybersecurity, Voting Technology
i. Security and safeguarding voter registration data
1. Cyber threats and vulnerabilities to state voter registration databases
2. Physical, information, and cyber security of voting machines and other
election-related equipment
3. Foreign interference
Voting Technology
1. Outdated voting machines
2. Funding strategies for voting equipment upgrades and other electionrelated resources
b. Proliferation of personal information and effect on potential for improper or fraudulent
voting
i. ID theft
ii. Ability for fraudsters to identify voters who have moved, declined to vote in
previous elections, etc.

17-2361-A-006200

 From:
To:
Subject:
Date:

Kris Kobach
"Paoletta, Mark R. EOP/OVP"; "Kossack, Andrew J. EOP/OVP"
Possible witness
Thursday, June 29, 2017 12:49:53 PM

From: Peter Gad el [mailto
Sent: Monday, May 15, 2017 4:50 PM
To: Kris Kobach
‹>
Subject: My wife is a CT voter registrar. Has info
Kris,
Congratulations and three cheers on being chosen to head the commission on voter fraud.
My wife is now the Republican registrar of voters in our town in Conn.
She has some interesting information "from the trenches" that may be of interest to your
commission.
Regards,
Peter
(formerly of 9/11 Families for a Secure America

17-2361-A-006201

 Message
From:
Sent:
To:
Subject:
Attachments:

Smith, Andrew [Andrew.Smith@unh.edu]
9/8/2017 4:52:21 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]; ericaforcier..[
]
PowerPoint with modification
Presidents Commission on Electoral Integrity 91217.pdf; Presidents Commission on Electoral Integrity 91217.pptx

Both PowerPoint and pdf

Andrew E. Smith, Ph.D.
UNH Survey Center
9 Madbury Rd., Suite 402
Durham, NH 03824
Director, UNH Survey Center
Associate Professor of Practice, Dept. of Political Science

9

University of New Hampshire

Survey Center: 603-862-2226 I Political Science: 603-862-3877 I Cell:
CONFIDENTIALITY NOTICE:
This e-mail, including any attachments, is intended for the sole use of the intended recipient(s), even if addressed incorrectly, and may contain confidential information. If you
are not the intended recipient, you are hereby notified that any use, dissemination, copying or retention of this e-mail or the information contained herein is strictly
prohibited. If you have received this e-mail in error, please immediately notify the sender by telephone or reply by e-mail, and permanently delete this e-mail from your
computer system.

17-2361-A-006202

 University of
New Hampshire

Turnout and Voter Trust
Andrew E. Smith, Ph.D.
Presentation to the
Presidential Advisory Commission on Election Integrity
Goffstown, NH
September 12, 2017
P1014 University of ew Hampshire. All rights reserved.

17-2361-A-006203

 Why Vote?
• Rational to vote only if expected benefits of voting are greater than cost
(Downs, Tullock, Riker & Ordeshook)

PB+D>C
P = Probability that individual vote will affect the outcome
B = Expected benefit of voting
D = Psychological benefit citizen receives from voting
C = Cost of voting (time, expense, opportunity costs)

• Low turnout due to either high costs, low expected benefits, or both

Qi

University of
New Hampshire

17-2361-A-006204

 Multiple Factors Correlated with Turnout
• Demographics
— Age
— Education
— Income
• Barriers
• Civic Education
— Confidence in elections
• Campaign factors
Competition
Interest in race
Economy
War
• No Single cause of increase or decrease in turnout
University of
New Hampshire

17-2361-A-006205

 Turnout: US Presidential Elections (VAP)
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1952

1956

1960

1964

1968

1972

1976

1980

US Turnout

1984

1988

1992

1996

2000

2

NH Turnout
University of
New Hampshire

. f State

17-2361-A-006206

 80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1980

1984

1988
DC Turnout

1992

1996

MN Turnout

2000
—SD Turnout

2004

2008

2012

OR Turnouot
University of
New Hampshire

McDonald, US Elections Project

17-2361-A-006207

 Why Differences?
• Varies by state
— Some consistently high — Minnesota
— Some consistently low - Hawaii
— Some change over time

• Different reasons for changes in each state

QH

University of
New Hampshire

17-2361-A-006208

 Why Turnout Decline after 1960s?
• 26th Amendment?
— Turnout dropped for 20 years as Baby Boom was "digested"

• But is that what happened?

University of
New Hampshire

17-2361-A-006209

 Turnout: US Presidential Elections (VAP)
70%
65%
60%
55%
50%
45%
40%
1952

1956

1960

1964

1968

1972

1976

1980

1984

1988

1992

1996

2000

2004

2008

2012

US Turnout
University of
New Hampshire

NH Sec. of State

17-2361-A-006210

 US Turnout 1964-2012 by Age (VAP)
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
1964

1968

1972

1976

1980

18 to 24

1984

1988

25 to 44

1992

1996

45 to 64

2000

2004

2008

65+
University of
New Hampshire

a --

i& —a
•

17-2361-A-006211

 Trust in Elections Essential
• For accepting results
• Trust/support of winning candidate & policies
Public confidence "is closely related to the State's interest in
preventing voter fraud, public confidence in the integrity of the
electoral process has independent significance, because it
encourages citizen participation in the democratic process."
Justice Stevens, Crawford v. Marion County Election Board
Qi

ty of
New Hampshire
11

4

17-2361-A-006212

 Perceived Threats to Electoral Trust
• Lack of Constitutional understanding
— State variations in electoral procedures
— Misunderstanding of Electoral College

• Inaccurate counting
— Computer hacking
— Paper trail

• Illegal voting
— Non-residents
— Non citizens
— Multiple votes
University of
New Hampshire

17-2361-A-006213

 Trust in NH elections:
Confidence vote in previous election was accurately counted
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

2016

2003
Confident
Source: Granite State Poll
UNH Survey Center

Not Confident

T. Don't Know/Not Sure
University of
New Hampshire

17-2361-A-006214

 Less confidence in Electronic Voting than Paper Ballots:
Increasing over recent years
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
2003

Paper Ballot
Source: Granite State Poll
UNH Survey Center

2016

Touch Screen

Don't Know/Not Sure
le •
University of
New Hampshire

17-2361-A-006215

 Summary
• Many factors influence turnout. Very difficult to determine a
specific cause for changes in turnout
• Citizens need to have confidence in elections:
— Tradeoffs between stricter voting laws to increase trust and barriers
that may discourage voting

University of
New Hampshire

17-2361-A-006216

 ThankYOu!
Andrew.Smith@unh.edu

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Going into the election, we saw no reason to believe that the methods we used would not perform well in this election.

17-2361-A-006227

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17-2361-A-006231

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17-2361-A-006232

 Wage

Mr. Vice President and fellow members of the Commission
I want to thank President Trump for the honor of having
appointed me Ais advisory commission on election integrity.
II here.
arents wer
they' migrat

only ish that

e imagine
appointe
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tik

I come at the issue of election integrity from a very
personal experience. My German mother grew up in Nazi
Germany as a child and my Russian father fought and escaped
camp in Europe after
communism twice. They met in a
-Dis9c-A(0 easods
the end of World War 11.
My childhood was filled with stories of what it was like to
live in a dictatorshilit\..
•

gl•

1Y Pe MS

V

001

rk of .w democratic Rcpublic}.
We were taught how precious the right to vote is, how
easily it can be lost, and that it was our duty erygctiwnis to
always vote and to participate in the democratic process.
want to ensure that every American who is eligible has
the ability to vote and that his or her vote is not stolen or
diluted because of administrative mistakes, errors by election
1I•Page

17-2361-A-006233

 2. j P

officials, or intentional wrongdoing by those who are willing to
take advantage of our honor system.
I have almost three decades of experience in the field of
voting and elections. That includes not only legal experience as
a lawyer at the U.S. Department of Justice enforcing federal
laws that protect the right to vote, but also practical
experience.
Georgia
I have been a local county election official in
and Virginia. So I know very ell just how hard lection officials
work to administer
k -At \bit
fickoceSS FAIR-Lc/
But we do have problems that need to be fixed.
vu.i..tve,RA-01u
election fraud tinsencitatla
The Supreme Court itself said in
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2008 that we have a long history ofvoter fraud and it could
make the difference in a close election - and we have many
close elections.
One of the documents have handed out is an election
fraud database that we at the Heritage Foundation started
about two years ago. We are adding cases to it almost every
MONTHIt is not a comprehensive list; it is difficult to obtain
information on these cases because there is no central source.
However, as of now, we have almost 1,100 rov
N.

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‘11111111 2 r age

17-2361-A-006234

t---'

 31Page

convictions ranging from illegal votes cast by individuals to
criminal conspiracies where hundreds of fraudulent votes were
cast.
dna

These cases cover the gamut of the ways in which -Me v
can be defrauded. They include impersonation
at the polls, false voter registrations, duplicate voting,
fraudulent absentee ballots, vote buying, ineligible voting by
felons and noncitizens, altering vote counts, and ballot petition
fraud,

We know we have problems with the accuracy and
maintenance of our voter registration lists. The 2012 Pew
study found millions of people registered in multiple states and
deceased individuals who were registered to vote.

The states participating in the Interstate Crosscheck
Program have hundreds of thousands of registrants who are
registered in other states.

3 jRage

17-2361-A-006235

 4IPa

The latest NVRA report from the U.S. Election Assistance
Commission shows some states with more registered voters
than they have citizens of voting age.

No systematic, all-encompassing study has been done
about these problems. But we do know that more must be
done to improve the accuracy of our voter registration system
and the security of our voting process.

I have full confidence in this commission and (look
forward to working with the bipartisan membership.

But I cannot end without addressing the unfair, unjust, and
unwarranted criticisms that have been leveled at this
commission and some of its members.

My father passed on to me the belief that one of the best
things about America is the ability to have spirited but civil
debates on even contentious issues. Yet we seem to have lost
that valuable part of our democratic process.

4IPag.e

17-2361-A-006236

 _Wage

ve already
Members of this commission including m
been subjected to vicious and defamator attacks. Ticass-4-airrictimiSma
=IA
in
___Aveleugateive
rachs+n—caaati.
i°7‘lilt

researchte and writtee about actual voter
ses, fraud that often targets the poor and ValilercaE_
or -it
aadzIacczes=ltkrate€ support* c mmon sense
measures to improve the integrity of the el tion process such
as voter ID.

This is no an extreme oint of view the U.S. Supreme
Court and the A erica eople agree with me. Polls
.t Americans of all races, political parties,
consistently sho
backgrounds overwhelmingly support such
and socioecon
a common -rise re uirement as does the U.S. Supreme Court.

Those who want to ensure the integrity of the election
oNtM
racy.
process are interested in preserving a re
itto- kmitber
5c1/4tcn\sayAA
charges of-ratism-ancl
* and a tactic to avoid a
S
imeter=stippzefeittn arele
substantive debate on important issues and prevent the
research, inquiry, and study necessary to identify problems,
Wage

17-2361-A-006237

macb

 liPage

determine solutions, and ensure we have the best election
process possible.

61 Page

17-2361-A-006238

 17-2361-A-006239
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17-2361-A-006240

  

  

    

   

 

   

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172361A006241

I want to first direct my comments to the people ofNew
Hampshire.
Some are questioning why I am here.
I am here because New Hampshire is one of the 50 states and one
of the original 1
We hold the first in the national primary and we have a proud
tradition of civic participation and responsibility.
It was the people of New Hampshire who heard the call of
Paul Revere and participated in the first overt act of independence
in the revolution that led to Lexington and Concord that resulted in
the Battle of Bunker Hill where more than half ofthe citizen
soldiers came from New Hampshire.
These acts lead to the formation of our country.
Just 25 miles north of here, on June 21, 1788, it was New
Hampshire delegates who voted to ratify the constitution and on
that day — upon that vote — we became the United States of
America.
New Hampshire people are not accustomed to walking away
or stepping down from a civic duty — and I will not either.
17-2361-A-006242

 Turning to the Commission members and those of you who
are here from other parts of the country, I welcome you to the
campus of St. Anselm College in the Granite State of New
Hampshire — whose motto is 'Live Free or Die'.
In order to live free we must have a stabile election process
to keep the confidence of our citizens. This, in a nutshell, is the
reason why this commission was established. It has faced
continual opposition since its inception. Although our work is
only really beginning today and no findings or conclusions have
been. reached or announced, the spector of extreme political
partisanship already threatens our ability to reach a consensus.

Let us therefore examine the historical voter turnout record.
Let us agree to go forward in an open and candid way.
Let us not be afraid to search for the truth..
Let us help make our election procedures reasonably easy for
every eligible voter, while maintaining a process worthy of the
voters' confidence.
And let that process begin today.
17-2361-A-006243

 Message
From:
Sent:
To:
Subject:

White House Press Office [whitehouse-noreply@messages.whitehouse.govi
6/30/2017 1:31:26 AM
President Donald J. Trump Announces Key Additions to his Administration

THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
June 29,2017
President Donald J. Trump Announces Intent to Appoint Personnel to Key Administration Posts

President Donald J. Trump today announced his intent to appoint the following individuals to key positions in
his Administration:
Darlene Hutchinson of Alabama to be Director of the Office of Victims of Crime,Department of Justice.
Ms. Hutchinson has been a crime victims' advocate more than 20 years, working extensively on legislation and
public policy, teaching at police academies, and accompanying victims of all types to court and parole
hearings. Ms. Hutchinson's volunteerism includes 10 years with rape crisis centers in Montgomery, Alabama,
and Collin County,Texas, as well as seven years as president of a victims' support and advocacy group.
Simultaneously, Ms. Hutchinson worked 25 years in publishing,including eight years as the editor of law
enforcement publications in Alabama, Washington, D.C., and Texas. Plus,she served nearly 6 years as the
Communications and Media Director for the Dallas Bar Association. She has received many awards for her
dedication to empowering survivors and protecting their rights, while enhancing public safety. Ms.
Hutchinson has played a key role in the development of Alabama's innovative victim notification system, as
well as the passage and ratification of a Victims' Constitutional Amendment in Alabama. A native of St.
Petersburg, Florida, Ms. Hutchinson holds a bachelor's degree in Journalism from Troy State University.
Hans A. Von Spakovsky of Virginia to be a Member of the Presidential Advisory Commission on Election
Integrity.

President Donald J. Trump Announces Nomination of Personnel to Key Administration Posts
President Donald J. Trump today announced his nomination of the following individuals to key positions in
his Administration:
Matthew P. Donovan of Virginia to be Under Secretary of the Air Force. Mr. Donovan most recently served
as majority policy director for the U.S. Senate Committee on Armed Services, where his responsibilities
included advising the chairman of the Committee on broad policy matters related to national security, defense
strategy and policy, organization,force structure, modernization,readiness, and regional issues. Mr. Donovan
was previously a professional staff member for the committee, where he advised the chairs of the AirLand and
Seapower subcommittees on policy and oversight relating to Army,Navy, Air Force,and Marine Corps. He
served 31 years in the Air Force, retiring as a colonel,including tours as commander of the U.S. Air Force
Officer Training School and an F-15C fighter squadron. Mr. Donovan is a recipient of the Defense Superior
Service Medal,the Legion of Merit, and the Defense Meritorious Service Medal, among other military awards
and decorations. He is also a Distinguished Graduate of the U.S. Air Force Air Command and Staff College
and U.S. Air Force Undergraduate Pilot Training. Mr. Donovan is a graduate of Regis University, Webster
17-2361-A-006244

 University,the U.S. Air Force School of Advanced Airpower Studies, and the U.S. Army School of Advanced
Military Studies.
Eric S. Dreiband of Maryland to be an Assistant Attorney General, Civil Rights Division Division,
Department of Justice.
Kay Bailey Hutchison of Texas to be United States Permanent Representative on the Council of
the North Atlantic Treaty Organization,with the rank and status of Ambassador Extraordinary and
Plenipotentiary. Kay Bailey Hutchison has been senior counsel since 2013 at Bracewell, LLP,in Dallas, Texas.
During her 20 years a U.S. Senator, she served as a member of the Armed Services Committee and chairman of
the Military Construction Subcommittee of Appropriations, where she gained extensive international
experience and a deep understanding of NATO. She also served in the Texas state government as an elected
State Representative and later State Treasurer. Ms. Hutchison has served as vice chairman of the National
Transportation Safety Board. She earned a J.D. from the University of Texas School of Law and a B.A.from the
University of Texas.
###

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The White House • 1600 Pennsylvania Avenue, NW • Washington DC 20500 • 202-456-1111

17-2361-A-006245

 Message
From:
Sent:
To:
Subject:
Attachments:

Kris Kobach [
]
6/30/2017 7:06:31 PM
'Kobach, Kris [KSOS] [Kris.Kobach@ks.gov]
Print
Talking Points 6-30-17.docx

17-2361-A-006246

 Talking Points: Commission's Request for Voter Registration Data
Why does the Commission need voter registration information for its study?
In order to fully analyze voter registration accuracy and integrity, the Commission requires data from
state voter registration rolls to perform cross-checks and determine whether voters are registered in
multiple states, ineligible voters are registered (such as the deceased), or other vulnerabilities are
present in our elections system.
This is not new. States have been sharing this data for years through the Electronic Registration
Information Center, Inc.(ERIC) and the Interstate Crosscheck Program. This is the first time we're trying
to pull those efforts together more broadly at a 50-state level.
People are registered in multiple states all the time, right? And that's not a crime.
This Commission is looking at election processes not only for actual fraud, but also for improper
registrations and improper voting. What the Commission seeks to do is identify weaknesses in election
processes that create opportunities for fraud. Certainly, not everyone who's registered in multiple states
is a fraudster, but those duplicate registrations give fraudsters the opportunity to abuse the system and
innocent people the opportunity to make mistakes and vote improperly. That affects the integrity of the
system and people's confidence in it.
What if a state refuses to provide the information?
It is in every state's best interests to ensure the integrity of elections and state voter rolls. We are asking
only for public information, so it is unclear why any state would refuse to provide this.
We remain hopeful we can work cooperatively with all states to ensure the accuracy and reliability of
voter rolls.
Will any personal information be made public?
No. The Commission will not release personally identifiable information to the public. Names, birth
dates, any elements of Social Security numbers, addresses, and other personal information will be
maintained as confidential.
What will the commission do with the registration information?
The Commission will use such information solely to perform cross-checks of state voter registration
data. Any results of that analysis will be presented to the Commission in aggregated or deidentified
form,so that no individual voter's personal information will be identified to the Commission or in any
reports the commission will issue.
What will the commission make public?
Under the Federal Advisory Committee Act(FACA),the Commission will make documents, reports and
other materials public once they are made available to or prepared for or by the Commission as a whole.
No reports submitted to the full Commission will contain any personal or identifying information from
state voter rolls, unless such information has already been made public in the course of a criminal
proceeding or other public process.

17-2361-A-006247

 An exemption to the Freedom of Information Act(FOIA) permits the Commission to withhold
information that would otherwise be disclosed pursuant to FACA if such disclosure would "constitute a
clearly unwarranted invasion of personal privacy." The Commission does not intend to release any
personally identifiable information publicly.
What do you say to those who claim this will result in voter suppression?
This is about election integrity and ensuring the principle of one person, one vote. The federal
government has no authority to remove anyone from state voter rolls. It is up to states to take
appropriate actions to clean their voter rolls. The Commission will identify best practices and
opportunities for states to equip them to do so effectively and ensure the integrity of their elections.

Recent Examples:
Virginia —June 27, 2017: A Virginia college student pled guilty to fraudulently registering 18 voters.[
HYPERLINK "http://www.businessinsider.com/andrew-spieles-virginia-voter-registration-2017-6" ]
Sentenced to between 100 and 120 days in prison.
Issue was only discovered because a local registrar's office employee recognized one of the
names voter registrations and knew he was deceased.
The Registrar's Office then found multiple other forms similarly fabricated, containing either the
names of deceased people, or "incorrect middle names, birth dates, and social security
numbers."
Indiana —June 9, 2017:"Indiana Voter Registration project, 12 employees charged with falsifying voter
registration applications" -[ HYPERLINK "http://fox59.com/2017/06/09/indiana-voter-registrationproject-12-employees-charged-with-falsifying-voter-registration-applicationsr I.
Marion County Prosecutor Terry Curry, a Democrat, said,"Without regard to alleged motivation,
the paramount concern is protecting the integrity of the electoral process, and intentional
irregularities in voter registrations cannot be tolerated."
Texas — February 2017: A Texas woman was sentenced Thursday to eight years in prison and slapped
with thousands of dollars in fines for committing voter fraud.[ HYPERLINK
"http://www.theblaze.com/news/2017/02/09/non-us-citizen-gets-eight-years-for-voter-fraud-in-texasr
]
Rosa Maria Ortega of Grand Prairie, Texas, is a Mexican citizen, but a legal U.S. resident,[
HYPERLINK "http://www.fox4news.com/news/234551542-story" ]. She is not a U.S. citizen, thus
making her ineligible to vote.
Ortega was arrested and indicted on[ HYPERLINK "http://www.dallasnews.com/news/tarrantcounty/2017/02/08/grand-prairie-woman-found-guilty-illegal-voting" ]in 2015 after police
discovered she had applied for voter registration in Dallas County, Texas, and that she had

17-2361-A-006248

 falsely indicated on the application form she was a U.S. citizen. This, after a[ HYPERLINK
"https://texasattorneygeneral.govinews/releases/ag-paxtons-office-obtains-voter-fraudconviction-in-tarrant-county" ]said Ortega applied for voter registration in nearby Tarrant
County five months earlier, but was rejected because she marked that she was not a U.S. citizen,
but a U.S. legal resident.
Kansas — Past 2 years — Nine people convicted of voter fraud in Kansas -[ HYPERLINK
"http://cjonline.cominews/2017-05-03/ninth-person-convicted-voter-fraud-kansas"]

17-2361-A-006249

 STATE OF COLORADO
Department of State

Wayne W.Williams
Secretary ofState

1700 Broadway
Sue 200
Deaver,CO 80290

SLIZArtnt Staiert
svtio
" &watery ofState

July 14,2017
Hon.Kris
Kobach, Vice Chair
Presidential Advisory Commission on Election Integrity
ElectionIntegrityStaff*vp.cop,anv
Re:Colorado's response to your requestfar information
Dear Secretary Kobach;
received your mplest for input and information on behalfof the Presidential Advisory
Commission on Elmtion Integrity. This letter responds to your questions, details some of the
processes Colorado election officials follow to ensure election integrity, and explains what
publicly available voter registration dotal can provide under Colorado law.
Background
Elections are working well in Colorado. By every relevant metric, our state ranks as a leader
in election administration. Thanks to sound policy and the hard work ofour 64 county clerks and
recorders„ Colorado is often ranked first and always ranked in the top five in the nation in both
voter turnout and percentage ofeligible Coloradans who are registered to vote Our election
model gives voters unmatched choice hi how they vote—whether by mail ballot(returned
through the mail or dropped offin secure drop-boxes)or in person(by paper ballot or electronic
voting or ballot marking device with paper record). And we continue to innovate by rolling out
new technology,including a real-thne statewide electronic poll book and a modern voting system
with paper ballot records that's been adopted by most ofour counties. This year Colorado will
implement a scientific risk limiting audit to further assure voters that their votes are counted and
reported accurately.
As our election processes become more complex and dependent on technology, we remain
vigilant in our commitment to the security ofour election systems and our statewide voter
registration database. And our counties conduct regular list maintenance in accordance with state
and federal lar§,v to ensure the accuracy ofour voter rolls. Colorado also participates in two key

U.S. Election Assistance Commsn, The Election Administration and Voting &Ivey, 2015
Coniprehensive Repot,at 5 fig,2(2017),available at
https1/1wwwyeac,goviassetsilli6/2016,..,EAVS_CompreheilSivejportpdf[hereinafter EAVS Report],
2 EAVS Report,supm note 1, at 6 tbl,1,; See also The PEW Charitable Trusts, Eleciions Polarniance
Index kulietafOrS,' Voter Regisirazion Rate(Aug.9,2016), httpWwww,prewirtists,orglealandtiniedialdatavalizations/20141elections.perforrnunce-indeaindicatorProfile-VR (showing that Colorado had the
nation's highest voter tvgistration rate through the 2014 election cycle).
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17-2361-A-006250

 interstate data-sharing compacts,the Electronic Registration Information Center(ERIC)and the
Interstate Crosscheck, with implementation guided by strong matching criteria.
While I'm proud ofthe work we're doing in Colorado, there is always room for
improvement. Below I provide my views and recommendations along with some more-detailed
explanations of Colorado's work to maintain election integrity.
Answers to your questions
What changes, ifany, tofideral election laws would you recommend 10 enhance the integrity
ofjederal elections?
Recent concerns about the security and integrity ofelections emphasize the impedance of
the voluntary voting systems guidelines and other programs established by the Elections
Assistance Commission("EAC")with the assistance and support ofstate and local governments
across the country. It therefore continues to be my position that these guidelines and other
support assistance from the EAC provides a strong basis for the continued existence ofthis
effective agency as an assistive commission.
/ also would strongly encourage that the federal government shift resources to incentivizx
states participation in the Election Registration and Information Center(ERIC)which is
discussed further below, ERIC's programs provide the most accurate and complete method to
maximize participation and ensure that voter rolls are accurate.
Federal election laws should apply equally across the states. And if exemptions to
provisions in those laws exist, exemption eligibility should be based on states' current policies
and laws rather than what those laws and policies were at the time the federal law was adopted.
For example,the National Voter Registration Act of 1993(NVRA)exempted the states that had
same-day registration at the time ofthe law's adoption.'' Because the NVRA doesn't extend the
exemption to states like Colorado that later adopt same-day registration)it. discourages states
from adopting policies streamlining and increasing voter registration. The Commission should
consider whether the exemption provision in the law should be applied to all states whose laws
meet the original threshold requirements which would encourage other states to make it easy for
citizens to participate.
There is also an opportunity to reform the burdensome auditing requirements for older
voting equipment that was purchased with funds provided under the Help America Vote Act
(}1AVA). There remain 10 counties in Colorado with legacy voting systems that were purchased
with HAVA funds. Despite the fact that each voting system and its components are fully
depreciated,a directive from the federal Office of Management and Budget requires onsite audits
ofthis generally worthless equipment.'in a geographically dispersed state like Colorado,this
exercise is not a constructive use ofresources. The Commission should review the audit policy
for fully depredated HAVA-ftmded equipment.
2 How can the Commission support state and local election administrators with regard to
information technology security and vulnerabilities?
3 52 U.S.C.§ 20504(a)(I).

OMB.Circular A47(IS)(h), Cost Principlesfor State, Local, and Indian Mbot Governments(May 10,
2004).

2

17-2361-A-006251

 My office has implemented a rigorous security program that includes real-time network
monitoring between the voter registration system and multiple county networks;communication
with upstream internet service providers to detect and mitigate attacks; working with counties
and state agencies to create a"fusion center" for real-time monitoring and response capability;
and requiring our cybersecurity awareness training of all state and county users of vote tabulation
equipment and the voter registration system,
Security vulnerabilities are best identified and contained when state information security
experts have the infbrmation they need to protect critical systems. I recently sent a letter to
Secretary ofHomeland Security Kelly voicing my displeasure that the federal government,
which identified vulnerabilities in local jurisdictions during the 2016 election, failed to inform
states' chief election officials, like myself. Because states have the information technology
experts and resources to identify issues and coordinate with local jurisdictions, it's imperative
that the federal government inform me and other state chief election officials when potential
threats arise.
For these reasons, I asked Secretary Kelly to establish a process for immediately notifying
state election officials ofany actual or potential security threats as they arise.. This will allow us
to take necessary actions to maintain system integrity and communicate with local election
officials across our states.
I recommend that the Commission work with DNS and other relevant federal agencies to
understand the universe ofcyber threats and determine how to best disseminate timely
information to state election officials.
3. What laws, policies, or other issues hinder your ability to ensure the integrity ofelections
you administer?
It's crucial in a mail ballot state like Colorado to have the most up-to-date address for each
voter. We work closely with the Colorado Department of Revenue(the agency responsible for
driver's licenses) to encourage people to update their voter registration information when they
get or renew a driver's license. And we've developed a secure electronic transmission process
between our two agencies so we're able to receive all new voter registrations and updates on a
nightly basis. But there are other address libraries we would like to take advantage of. For
example, the federal jury wheel the list of potentialjurors for federal trials—contains useful
address information that we'd like to have. This information would enable our state to update
voter registration information to ensure that Coloradans receive the correct ballot on a timely
basis. To date, my office's attempts to get this list have been rebuffed. The Commission should
study the feasibility ofa secure exchange between the federal courts and state election officials.
My office also uses all available tools to ensure that only U.S. citizens are registered to vote
in Colorado. For example, we conduct a bi-weekly (daily during election periods)crosscheck
between the statewide voter registration database(SCORE)and the Department of Revenue's
driver's license database to identify non-citizens based on the documentation they provided when
getting a license. When we identify someone who is registered to vote but who provided non
citizen documents when getting a driver's license, we conduct further research and, if necessary,
send correspondence asking the registrant to confirm that he or she is eligible to vote.
We would like to take advantage ofexisting federal databases to more accurately determine
current citizenship status. I've already mentioned the federal jury wheel, which also would have
useful citizenship information. In addition, the 11.5. Citizenship and Immigration Service has
willingly provided my office with access to its SAVE database so we can attempt to confirm the

17-2361-A-006252

 citizenship status of those we identify as potential non-citizens. Unfortunately, SAVE does not
allow dynamic searches and rarely returns the person's most recent.citizenship status. SAVE was
not designed to search for people who are not available to provide their most recent
documentation. SAVE administrators have expressed willingness to work on enhancing the
database to make it a more effective tool, The Commission should investigate this option,
4. What evidence or irtibrmation do you hare regarding instances ofvoterfraud or registration
fraud in your state?
There have been a few cases of voter and registration fraud in Colorado, but it's rare because
our laws and policies are designed to prevent it. Each month(and sometimes weekly or daily,
depending on the task)our counties conduct the following list maintenance:
• Canceling due to death: Each month the Colorado Department ofPublic Health and
Environment(CDPHE)provides my office with a list of Colorado residents who have
died in the previous month, We import this list into SCORE and make the full list of
deceased individuals available and searchable for the counties. In addition, SCORE has a
function that automatically identifies and flags records fbr each county that appear to
have a matching record in the current month's list, Counties review the information to
determine whether minimum matching criteria5 are met and cancel registration records
accordingly.6
In addition to the information provided by CDPHE,my office now has access to the
national Social Security Death index. We search this index monthly and provide relevant
potential matches to each county for review and cancelation as necessary. Furthermore,
counties cancel registration records ofdeceased electors when they receive written
confirmation of death from electors' families.'
• Canceling convicted felons: Each month the Colorado Department ofCorrections
(CDOC)provides my office with a list ofindividuals currently serving a sentence of
incarceration or parole for a felony conviction. The monthly list. is available and
searchable in SCORE.The system also identifies and flags potential matching records for
each county. Counties review the information to determine whether minimum matching
criteria are met and cancel registration records accordingly.
In addition to the information provided by CDOC,the Colorado U.S. Attorney's office
sends quarterly notices of individuals who have been convicted ofa felony. Other U.S.
Attorney's offices also send lists on a regular basis. The Secretary forwards these lists to
the appropriate counties for review. The counties determine whether minimum matching
criteria are met and cancel registration records for electors who are currently serving a
sentence ofincarceration or supervised release for a felony conviction.
• Change-of-address processes: Colorado counties proactively update registration
information or send correspondence to electors based on infbmiation in the National
5 Sections 1-2-603 and 1-2-604., C.R.S.; Election Rule 2.5.1 (Defining minimum matching criteria as the
elector's name,date of birth, and any one ofthe following: )Colorado driver's license number;2)last
four digits ofthe Social Security Number;or 3)residential adtirms),
0- 52 U.S.C.§ 20507(a)(4)(A);Section 1-2-302(3.5)(a), C.R.S.
Section 14.602(4). C.R.S.
I' 52 U.S.C.§ 20507(g); Sections 14-302(3.5)(b)and 1-2.606, C.R.S.; Election Rule 2.9.

4

17-2361-A-006253

 Change of Address database(NCOA).9 On a monthly basis our office compares voter
registration data for eligible records with NCOA data to identify electors who have
moved. Counties use the monthly data to update records for active ele.ctors who have
moved within the county and to send notifications to other electors who have moved to
another county or out of state.°
Colorado is also a member the Election Registration and information Center(ERIC),
which allows states to better interact with electors by sharing elections, motor vehicle,
death, felon, and other records maintained by state agencies. By aggregating multi-state
information, the organization allows participating states to track an individual's residency
and send appropriate elections-specific inforenation. For example,if a person moves to
Colorado from another participating state and obtains a Colorado driver's license, the
system will notify the other state's elections department that they need to correspond with
the person to determine if he or she is still a resident ofthat state. While ERIC is
relatively new,with 20 member states to date, it will continue to grow as a resource in the
state's efforts to maintain accurate voter rolls.
Other list maintenance: Counties regularly cancel or update registration records based on
voter-initiated activities, including driver's license address changes.' If an elector
withdraws his or her registration, the county will cancel the record, Withdrawal is
available on Colorado's online voter registration system at wwveGoVoteColorado.com.
Additionally, ifa county receives a notification from another state that the elector has
moved and registered in the new state, the county will cancel the registration after
determining that minimum matching criteria are met," Furthermore, because SCORE is a
real-time statewide database, it ensures that an elector only has a single registration
record in Colorado, even if the elector moves. Ifthe elector submitsan application in a
new county to change his or her address,the new county will transfer the elector's record
in SCORE
In addition to keeping the voter rolls clean, Colorado also protects its in-person and mailballot voting processes. When a voter goes to any voter service and polling center in his or her
county to vote in person, the county clerk uses a mai-time electronic poll book that's connected
to SCORE to register the voter(if necessary), issue the proper ballot style, and give the voter
credit for voting in the system. Once the voter receives credit, he or she is unable to vote at
another location in the county and would be stopped from attempting to register in another
county.
If a voter chooses to vote his or her mail ballot(in 2016 about 93 percent of all voters
returned a mail ballot rather than voting in person), the counties use signature verification to
confirm that the returned ballot belongs to the person entitled to vote it. Under this process,
once the county receives the ballot in the return envelope,election judges compare the signature
on the envelope's return affidavit with the signature on file for that voter in SCORE.. A bipartisan
"Section 1-2-302.5, CRS.
/o
"Section 1-2-213(6),CRS.
'2 Section I260t,C.R,&
11'Section 1-2-603(2),C.R.S.
t4 Section 1-1.S-107.3(1)(a),CRS.
17-2361-A-006254

 team ofelection judges reviews any questionable signatures and will reject a signature if both
judges agree that it doesn't match the one in the voter's record. In that case—or if the voter
forgot to sign the affidav—the clerk promptly notifies the voter who has until eight days after
the election to cure the issue,f
'
In the 2016 election, thousands of mail ballots were rejected for signature discrepancies,
missing signatures, or missing identification (which certain first-time voters must provide when
returning a mail ballot). Many people whose ballots were rejected took the opportunity to cure
and eventually had their votes counted; but some did not, All told, Colorado counties rejected
and did not count 16,209 ballots because ofsignature discrepancies,2,606 ballots that were
never signed, and 2,593 ballots that were missing identification. In accordance with Colorado
law," the 16,209 uncured signature discrepancies have been turned over to the district attorneys
for investigation. In many cases,they will discover that the voter submitted an errant signature
which they chose not to cure. In other cases they will discover that another family member or
resident signed the ballot but that the intent was not sufficiently malicious to initiate prosecution,
In other cases,they will be unable to discover who submitted the ballot
Despite these safeguards that prevent most attempts at voter fraud, a few cheaters have been
successful. For example, a local news organizationls—using the same public voter data that the
Commission requested—identified a handful of people who appeared to have forged signatures
on ha/lot-return envelopes for ballots they were not entitled to vote. One person, who appeared in
court in this week, has been charged with forging the signatures of her deceased parents and
voting their ballots in multiple state elections.
My office is also currently cooperating with the Arizona Attorney General's office, which is
prosecuting a husband and wife who have been charged with voting in boat Colorado and
Arizona during the 2012 general election. And there will be more cases like this, Through our
partnerships in ERIC and the Interstate Crosscheck, we have investigations underway into
instances of double-voting(both for voting twice in Colorado and for voting in Colorado and
another state). When we complete our investigation and make our findings known to law
enforcement, we'll provide more detail to the Commission.
5. What convictionsfor election-related crimes have occurred in your state since the November
20001ederai election?
Although there will likely be more after my office's 2016 investigation, I'm aware ofthe
following convictions and pending cases
O In 2005,,A,hrial Shah was convicted of voter fraud for attempting to register by
providing false information regarding U.S.citizenship;
O In 2011, David Harold Shockley was convicted ofvoting in more than one Colorado
county in the 2008 and 2009 elections;
O In 2011,Rodney Paul Jones was convicted in Arizona of double voting in Arizona
and Colorado in the 2008 general election;

Section I-7 :5-107,3(2)(a), C.R.S.
/'.Section 1-2-201 (5)(a),CRS.;Section -76-107(1.5).,
3. .Section 1-7,5.107.3(2)(a), C.R.S.
See Brian Maass and Mark Ackerman,CBS4 Investigation Finds Dead Voters Caning Ballots in
Colorado,CBS DENVER(Sept 22,2016), http:fidenver.cbslocal.com/2016,1091221ths4.1avestiptiorp,
fiads-dead-votersastin-bailots-in-coloradol,
17-2361-A-006255

 • In 2011, John Marotta was convicted in Arizona ofattempted illegal voting for
casting ballots in both Arizona and Colorado in the same election;
• In 2014, Carol Hannah was convicted of voter fraud for voting in both Arizona and
Colorado in the 2010 election;
• In 2015, Vitally B. Grabehenko pleaded guilty in Arapahoe County for procuring a
false voter registration in 2013;
O In 2015, Bruce Rickey was charged with voting twice in the 2015 coordinated
election;
• In 2016, Maureen Moss pleaded guilty to forging signatures on a petition to qualify a
US.Senate candidate to the Republican Party primary election ballot;
In 2016, Eisadig Saeed Merghani pleaded guilty to forging signatures on a petition to
qualify a ballot initiative on the 2016 general ballot;
• In 2016, James Criswell pleaded guilty in Kansas to double voting in Colorado and
Kansas in the 2016 general election;
• In 2016,Sharon Farris pleaded guilty in Kansas to double voting in Colorado and
Kansas in the 2016 general election;
• In 2016,, Ron R, Weems pleaded guilty in Kansas to voting in both Kansas and
Colorado in the 2012 and 2014 general elections;
• In 2016, Lincoln Wilson pleaded guilty in Kansas to voting in both Kansas and
Colorado in elections in 2010,2012,and 2014;
• In 2016, Randall Killian pleaded guilty in Kansas to voting in Colorado and Kansas
in the 2012 general election;
• In 2017, Angelo Felix Abad pleaded guilty to forging signatures on a petition to
qualify a ballot initiative on the 2016 general election ballot;
• In 2017,Toni Lee Newbill pleaded guilty to voting twice using her deceased father's
name in the 2013 general election and in the 2016 primary election;
O In 2017, Steven Curtis was charged with fraudulently signing and returning his ex.
wife's ballot; and
• In 2017, Sarilu Sosa-Sanchez was charged with forging her deceased parents'
signatures and voting their ballots in multiple elections.
In another case in Larimer County,Colorado, potential vote fraud was detected and referred
to the local district attorneyy. There, a vote was cast in the name ofa deceased voter, Irvin
Mniszewski. However,the case could not be prosecuted because the suspected forgers had since
also died,
61 What recommendations do you havefor preventing voter intimidation or
disenfranchisement?
Bask laws that prevent voter intimidation and electioneering at or near polling locations are
certainly necessary. But it's also important to give voters confidence in the state's election
system through open processes, in Colorado each county clerk and recorder uses bipartisan.
judges appointed by the parties, assuring fairness at each stage ofthe process." Election

See sections 1-13.713,C.R.S.(prohibiting intimidation)and 1- 3-714,CRS,(prohibiting
electioneering).
2'Seetion 14101,CRS.
17-2361-A-006256

 watchers also have significant access to all election-related activities, and they play a key role
in ensuring the integrity ofelections at the oca leveL The public also has access to counties'
election plans(detailing where polling locations will be and what services the county will
provide)and watcher plans(detailing how each county will accommodate watchers at all
locations where election activities will happen) The counties submit these plans to my office for
approval and we make them available to anyone who requests them
Because Colorado voters primarily vote by mail, my office also works closely with the U,S,
Postal Service to ensure that all election mail is treated uniformly and handled efficiently, And
we communicate regularly with voters on timelim,
,
,s for returning ballots by mail, including when
it's too late to put a ballot in the mail stream to ensure it will be received by the county in time.
In addition to working with the post office, I initiated a grant program for counties to receive
matching funds from my office for new or additional 24/7 secure drop-boxes which provide a
secure and convenient method to return a ballot for urban and rural voters alike.
Historically voting took place only in pristine polling locations in which voters were
protected from intimidation or disenfranchisement, As individuals move to voting from home
and other locations, we need to examine how to protect the secret ballot and how to protect
voters from inappropriate attempts to influence their votes or to disclose their votes to others.
Laws and regulations prohibiting vote trading or intimidation in any manner are still critical to
protecting a voter's right to cast his or her own ballot as he or she chooses.
7. What other issues do you believe the Commission should consider?
Colorado is a member of the Election Registration and Information Center(ERIC), which
allows states to better interact with electors by sharing elections, motor vehicle, death, felon, and
other records maintained by member-states' agencies. By aggregating multi-state information,
the organization allows participating states to track an individual's residency and send
appropriate elections-specific information. For example, ifa person moves to Colorado from
another participating state and obtains a Colorado driver's license, the system will notify the
other state's elections department that they need to correspond with the person to determine if he
or she is still a resident ofthat state. While ERIC is relatively new,with 20 member states to
date, it will continue to grow as a resource in the state's efforts to maintain accurate voter rolls.
Because states election officials are the experts at maintaining dean voter rolls, and ERIC is
a powerful tool to facilitate this, the Commission should reach out to ERIC to better understand
its processes and security protocols. The Commission has requested states' public voter roll data.
While this data may serve a purpose,a single request for data that lacks the non-public data
necessary to accuintely match voters across states can't be used to effectively assess the accuracy
of voter rolls, ERIC states enter into agreements that allow them to securely share sensitive data
and to ensure that, when the data is compared, it's the most up-to-date and in a uniform,
consumable format,
The Commission also should encourage states' voter registration processes to solicit the
prior address at which an individual was registered to vote so that the jurisdiction can be notified.
Request for voter roll data
You requested publicly available voter roll data. Under Colorado law,limited voter
Section l-7- 06s C.R.S4 Election Role 8.
17-2361-A-006257

 registration data is publicly available,n But the law also prohibits my office from releasing
certain confidential data.23 In accordance with these laws, my office can provide the following
public data:
• Full firsts middle,and last names;
• Residential and mailing addresses;
• Year of birth;
• Political party affiliation;
• Vote history(meaning elections in which the voter participated);
• Voter status(active or inactive); and
• Whether the voter is designated as a military or overseas voter.
My office will not provide the following confidential voter data:
O Last four digits ofsocial security number; and
O Month and day of birth.
The Commission has also requested "information regarding any felony convictions," and
"information regarding voter registration in another state." Information ofthis kind exists only in
canceled voter records, which we are not able to provide without extensive redaction of
confidential voter data.
In light ofthe Commission's request that we delay providing data, we'll await further
communication. Once you've determined to make a new request, please contact my office at
(303)894-2200 x6389 for instructions on obtaining the public data in a secure manner.
As with any requestor, my office is not enabled by Colorado law to restrict your usage of the
publicly available data after it is provided. Please accept, however, my input that all data you
receive should be secured.
Please also note that the official voter rolls of Colorado main in our control and custody.
Neither the federal government nor any other entity can make any change in Colorado's voter
rolls.
Thank you for the opportunity to provide input and recommendations.
Regards,

00-

414.1
4/
4106
'
44Vayne W. Williams

Section l-2-237(I)(a), C.R.S.
Section 24-72-204(8)(a), C.R.S.
17-2361-A-006258

 Wyoming Secretary of State
Ed Murray
Secretary. of State

Karen L, Wheeler
Deputy Secretary of State

July 14,2017
The Honorable Kris Kobach
Presidential Advisory Commission on Election Integrity
Via email: ElectiontraggrityStaff@ovp.eop,gov
Dear Vice Chair Kobach:
Thank you for your letter of June 28,2017. As Wyoming's 21" Secretary ofState, I ara honored
to be busted with the important role of Chief Election Officer for our Great State, In Wyoming
and, indeed, throughout the United States,few rights are more precious and sacred than our right
to vote. Every citizen must have confidence that our election outcomes accurately reflect the
vote of the people.
As you know, Kris, in matters of elections, I am a firm believer in state sovereignty. The United
States Constitution recognizes the authority and autonomy of the states in these matters.
Therefore, while I support a common goal to secure the integrity of all elections, I oppose any
expansion of the federal government's role in. the election process which could lead to federal
overreach.
/ strongly believe in a citizen's right to privacy and the protection thereof as it relates to voter
data. I construe Wyoming's law as providing confidentiality of voter information in this matter.
Accordingly, in regards to your June 28" request for voter data, please be informed that I will not
be providing any Wyoming voter registry infimmation,to the Commission.
Regarding your request to provide my views and recommendations relating your inquiries
enumerated in the first page of your letter, I offer the following:
In addressing fraud nationwide, we must begin by recognizing that every state is different in
terms of geography and population, In Wyoming,for example, our small population allows us to
achieve clean voter rolls without the risk of disenfranchising voters at the polls. After every
federal election, pursuant to state statute. Wyoming's voter rolls are updated, ensuring that only
active voters remain on the rolls. MIS does nothing to limit our voters' access to the ballot
because Wyoming citizens may register to vote on Election Day.
During my tenure I have strengthened Wyoming's verification systems to ensure voter roll
integrity My Office and Wyoming's twenty-three County Clerks know this State and its people
best, and we have worked tirelessly to implement streamlined, secure, and accurate election
systems and processes.

2020 Carey Avenue 4 Suites 600 and 700 4* Cheyenne, Wyoming 82002
17-2361-A-006259
(307)777-7378 * secofstate@wyo.gov * httplisomy.state.wy.us

 Pam 2
Honorable Kris Kohach
July 14,2017

In upholding the law that only eligible Wyoming voters be allowed to cast a ballot, any suspected
instances of voter fraud have been immediately turned over to law enforcement for investigation
and prosecution. Over the past 17 years, we are aware of four voter fraud convictions. My
Office is committed to providing our twenty-three County Clerks and local County Attorneys
with whatever resources they need to prosecute these crimes to the fullest extent of the law.
Wyoming voters can he assured that voter fraud will never change the outcome ofan election in
Wyoming.
Finally in response to your question pertaining to "what other issues do you believe the
Commission should consider" I join our County Clerks in asking that you consider the
ramifications Help America Vote Act (HAW), one of the most significant federal election
rnanda.tes to affect all states. As you know, IIAVA mandated significant criteria and changes to
election systems leaving state and local election officials with the burden of ongoing
maintenance and compliance, together with the necessity of purchasing new equipment without
fill thriding. The burden of underfunded federal mandates weighs heavily upon every state and
local election official as the prospect ofreplacing aged equipment looms ever closer,
I am convicted in my belief that Wyoming's continued success running our elections
demonstrates that there is, indeed, a model for successfully administering a state election system
In the end, being exempt from federal mandates strengthens and makes more secure Wyoming's
ability to deliver elections with complete integrity,
With my be.,0„. Tanis,

SCi;

,11.irrcly
:hrSt'

17-2361-A-006260

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/5/2017 7:39:26 PM
rivest@mitedu
quick update

Dr. Rivest,
If you've already returned from Lake Tahoe, I hope you had a great trip (if you're still there, I hope
you're still having a great trip!). I just had a couple quick updates I wanted to share with you.
First, I spoke with Harri Hursti this morning and confirmed his participation on your panel, so it'll be
the two of you plus Dr. Appel. Harri said he might reach out to you to discuss the panel in more detail,
so I wanted to give you a heads up that he might contact you. I hope to be able to share the full meeting
agenda within the next 24 hours as well.
Also, I know the materials deadline has been a moving target, and I apologize again for that
inconvenience. We are currently targeting this Friday to post all presentations and meeting materials on
our webpage, so if you could shoot for sending me any presentations, handouts, or prepared testimony by
COB Thursday (or even at the latest by first thing Friday morning, like 8:00 a.m.), we would really
appreciate it. Again, my apologies for the moving target. If this timeline presents an issue for you,
please just let me know and we'll figure something out.
If you have any questions or if I can help with anything else between now and the meeting, please do not
hesitate to let me know.
Thanks again,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossackftvp.eop.gov

17-2361-A-006261

 1
Second Meeting ofthe Presidential Advisory Commission on Election Integrity
Tuesday, September 12, 2017
10:00 a.m. ET
New Hampshire Institute of Politics, Saint Anselm College
Draft/Working Agenda as of 8.31.2017
1.
Welcome Remarks — Vice Chairman Kris Kobach and Secretary Gardner( 0:00am10:15am)
2.

Panel One: The Effects of Election Integrity Issues on Voter Confidence
• Dr. Andrew Smith, Associate Professor all al Science, University ofNew
Hampshire (10:15am-10:30am)
• Kimball Brace, President, Election Data Services.
(10:30am-10:45am)
.:11 1
• Dr. John Lott, Crime Prevent
11:00am)
&arch Center(10:
• Q&A — All Members(11:00
.20am)

11'

3.

Break (11:20am-11:30am)

4.

Panel Two: Current Election Integrity Issues Affecting Public Confidence
1
• Peter Schweizer,P sit:lent, Government Accountability Institute (11:30am11:45pm)
4liiiiii:
lomphil
• Robert Popper. Director, Election
V,PJudicial Watch (11.45Pm12:00pm)
• Donald Palmer. Fellow. Bipartisan Policy Center(12:00pm-12:15pm)
• Hans von Spakovsky, Senior Legal Fellow, Heritage Foundation and Member,
1111111111 Dh PA CEI (12:15pm-12;30pm)
•Q&A — All Members (12:30-12:50pm)

Nag

Break (l2:5Opii-l:3Opni

Ii
6.

Panel Three: Electronic V012 Systems and Election Inteerity — A Primer
• Dr. Andrew Appel,Professor of Computer Science, Princeton University
(1:30pm-1:45pm)
• Dr. Ronald Rivest, Professor of Computer Science, Massachusetts Institute of
Technology(1:45pm-2:00pm)
• Dr. Harry Hursti, Co-Founder ofNordic Innovation Labs(2:00pm-2:15pm)
• Q&A — All Members(2:15pm-2:45pm)

7.

Other Business — All Members(2:45pm-3:45pm)

8.

Closing Remarks — Vice Chairman Kobach and Secretary Gardner(3:45pm4:00pm)

9.

Adjourn (4:00)

DRAFT AS OF 8.31.2017

17-2361-A-006262

 Message
From:
Sent:
To:
CC:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/24/2017 5:39:55 PM
Kris Kobach [
];
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@oyp.eop.goy]; Williams, Ronald E. EOP/OVP
[Ronald.E.Williams@ovp.eop.gov]
Subject:
RE:[Embargoed until 9:00 a.m. ET Friday 8/25] - Meeting Announcement
Attachments: Press Release - Kobach-Gardner - Sept. PACEI Meeting.pdf

Attached is an updated release reflecting today's date. Feel free to push this out today any time after 3:30 p.m. Eastern
(without an embargo).
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Thursday, August 24, 2017 11:25 AM
To:'Kris Kobach' <
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject:[Embargoed until 9:00 a.m. ET Friday 8/25] - Meeting Announcement
Secretaries Kobach and Gardner,
Please see the attached press release. This is embargoed until 9:00 a.m. Eastern tomorrow (8/25). Feel free to release it
to anyone you'd like after that time. If you share it in advance, please note that it is embargoed until then.
I am going to send a brief email to the other members soon informing them that the meeting with be in New Hampshire
and providing instructions for booking travel arrangements.
If you have any questions or concerns,just let me know.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006263

 Presidential Advisory Commission on Election Integrity

For Immediate Release
August 24, 2017

New Hampshire Secretary of State Bill
Gardner to Host Next Meeting of
Bipartisan Presidential Advisory
Commission on Election Integrity
The bipartisan Presidential Advisory Commission on Election Integrity will hold its next meeting on
Tuesday, September 12, 2017, at the New Hampshire Institute of Politics at St. AnseIm College in
Manchester, New Hampshire.
"I am grateful to Secretary Bill Gardner for hosting the Commission in his home state of New
Hampshire," said the Commission's Vice Chair and Kansas Secretary of State Kris Kobach. "Secretary
Gardner's experience as the nation's longest-serving chief state elections official and New Hampshire's
pivotal role in the presidential selection process make New Hampshire a perfect location for the
Commission to continue its work."
"I am excited to host my fellow commissioners here in New Hampshire," said Secretary Gardner."New
Hampshire is proud of its key elections role as the First-In-The-Nation Presidential Primary, and I am
likewise proud to host the Commission in its first meeting outside of Washington, D.C. I look forward to
a productive meeting here in the Granite State."
Vice Chair Kobach will chair the meeting as the Vice President will not be in attendance. More
information regarding the meeting will be released soon on the Commission's webpage, which is
available at https://www.whitehouse.croviblog/2017/07/13/presidential-advisory-commission-electionintegrity.

17-2361-A-006264

 Message
From:
on behalf of
Sent:
To:
Subject:

von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]
von Spakovsky, Hans
9/8/2017 6:54:27 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE:[Postmaster] Email Delivery Failure

No problem - thanks for letting me know.
Original Message
From: Kossack, Andrew J. EoP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, September 8, 2017 2:54 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Subject: FW: [Postmaster] Email Delivery Failure
Hi Hans,
I tried to send you all the materials for Tuesday's meeting, but got a bounce-back due to the file sizes.
I'll send you a link to the webpage where all of the materials will be posted later today. Sorry about
that.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Postmaster [mailto:postmaster@heritage.org]
Sent: Friday, September 8, 2017 2:27 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: [Postmaster] Email Delivery Failure
This is a delivery failure notification message indicating that an email you addressed to email address :
- hans.vonspakovsky@heritage.org
could not be delivered. The problem appears to be :
-- Recipient email server rejected the message
Additional information follows :
-- 5.3.4 Message size exceeds fixed maximum message size
This condition occurred after 1 attempt(s) to deliver over a period of 0 hour(s).
If you sent the email to multiple recipients, you will receive one of these messages for each one which
failed delivery, otherwise they have been sent.

17-2361-A-006265

 Message
From:
Sent:
To:
CC:

Subject:

Kris Kobach [
]
6/27/2017 4:25:04 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
Agen, Jarrod P. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=b57cadaa254248adb080547bfOfb882e-Ag]; Paoletta, Mark R. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
Re: Agenda for 6/28 Organizational Call: Election Integrity Comm'n

Looks fine. I think I would substitute "September/October" for September. And substitute
"November/December" for November. Then set final meeting as February to coincide with the February NASS
meeting in DC.
Sent from my i Phone
> On Jun 27, 2017, at 11:44 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Jarrod and Kris,
>
> Please see the attached agenda for tomorrow's organizational call with the Presidential Advisory
Commission on Election Administration. We'd like to send this by noon today, if possible. If you have any
edits or questions, please let me know.
>
> Thanks,
> Andrew
>
> Andrew J. Kossack
> Associate Counsel
> Office of the Vice president
> Cell:
> Email: And rew.3.Kossack@ovp.eop.gov
>
>
> <organizati onal conference Call 6.28.2017.docx>

17-2361-A-006266

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/11/2017 1:51:34 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyh]
Re: Andrew, would like to request seats for two guests at the Sept. 12 meeting

Hi Hans - Fred Lucas is confirmed. Sorry for not circling back sooner. Safe travels!

On Sep 8, 2017, at 11:57 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Thanks, Hans. John's on the list already. I'll see if we can get Fred in also. Will confirm ASAP.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, September 8, 2017 11:55 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Andrew, would like to request seats for two guests at the Sept. 12 meeting
John Fund
Fred Lucas
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org

17-2361-A-006267

 Message
From:
Sent:
To:
CC:
Subject:

Kris Kobach
7/4/2017 4:30:50 PM
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov]
'Lotter, Marc E. EOP/OVP'[Marc.E.Lotter@ovp.eop.gov];'Kossack, Andrew J. EOP/OVP'
[Andrew.J.Kossack@ovp.eop.gov];'Agen, Jarrod P. EOP/OVP'[Jarrod.P.Agen@ovp.eop.gov]
RE: At least our supporters are fired up

The SD SoS and others have latched onto the "documents will be made public" language.
http://dakotafreepress.com/2017/07/03/krebs-cites-ban-on-posting-sd-voter-file-info-online-to-justify-rejection-oftrump-kobach-data-request/

In a week or so, we may want to send a clarification:
1. The rolls will not be posted on any website.
2. The rolls will not be publicly available (any part of them).
3. The voter roll files will be destroyed after the commission has concluded its work. (Files showing individuals who are
aliens, double registrants, deceased, etc., will not be destroyed, however.)
From: Paoletta, Mark R. EOP/OVP [mailto:Mark.R.Paoletta@ovp.eop.gov]
Sent: Tuesday, July 04 2017 8:27 AM
To: Kris Kobach
Cc: Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>; Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: Re: At least our supporters are fired up
Adding Jarrod Agen
Mark Paoletta
Counsel to the Vice President
202 456 2734(work)
(cell)
Sent from my iPhone
On Jul 4, 2017, at 9:08 AM,Kris Kobach <

wrote:

Here's the column on Brietbart. Top article at the moment, with over 5,000 comments.
Have a great holiday guys!
http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-thepresidential-commission-on-election-integrity/

17-2361-A-006268

 Message
From:
Sent:
To:
CC:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]

7/4/2017 1:26:34 PM
Kris Kobach
Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovp.eop.gov]; Kossack, Andrew J. EOP/OVP
[Andrew.J.Kossack@ovp.eop.gov]; Agen, Jarrod P. EOP/OVP [Jarrod.P.Agen@ovp.eop.gov]
Re: At least our supporters are fired up

Adding Jarrod Agen
Mark Paoletta
Counsel to the Vice President
202 456 2734(work)
(cell)
Sent from my iPhone
On Jul 4, 2017, at 9:08 AM,Kris Kobach <

> wrote:

Here's the column on Brietbart. Top article at the moment, with over 5,000 comments.
Have a great holiday guys!
http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-the-

presidential-commission-on-election-integrity/

17-2361-A-006269

 Message
From:
Sent:
To:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
7/18/2017 6:01:57 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipients/cn=spakoskylt Kossack, Andrew J. EOP/OVP
[Andrew.J.Kossack@ovp.eop.gov]
RE: availability tomorrow?

This is for an old meeting. Did you get a new link for tomorrow's meeting?
MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
(cell)
Mark.R.Paoletta@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Tuesday, July 18, 2017 1:55 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: FW: availability tomorrow?

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
From: von Spakovsky, Hans
Sent: Wednesday,June 28, 2017 2:34 PM
To:'Kossack, Andrew J. EOP/OVP' <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: availability tomorrow?
The form is completed.
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Wednesday, June 28, 2017 2:16 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Subject: RE: availability tomorrow?

Hans,
Sorry for disappearing on you - I had to put out a couple fires. We'll see you at 10:00 tomorrow. I'll send a
calendar invitation.
Please fill out the form at the following link and let me know when it's completed:
https://events.whitehouse.gov/form?rid=3C6X4YYJMF
17-2361-A-006270

 Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office• resident
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: von Spakovsky, Hans[mailto:Hans.VonSpakovsky@heritage.orgl
Sent: Wednesday, June 28, 2017 11:58 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.KossackAovp.eop.gov>
Subject: RE: availability tomorrow?
Andrew,
Mark called me and suggested 10:00. That works for me. Which entrance do I come in?

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.KossackRovp.eop.gov]
Sent: Wednesday, June 28, 2017 8:45 AM
To: von Spakovsky, Hans <Hans.VonSpakovsky®heritage.org>
Subject: availability tomorrow?
Hi Hans,
Are you free at all tomorrow morning to meet with Mark and me to discuss a few matters related to the Election
Integrity Commission? Mark and I are both open until around 11:30, so just let me know what works for you.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
17-2361-A-006271

 Message
From:
Sent:
To:
CC:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
6/30/2017 8:00:36 AM
Kris Kobach
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.govb Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]
Re: California official bristles at Trump voter fraud panel's records request - San Francisco Chronicle

Let's have a conference call this morning to address and decided next steps. what works? 10 am?
Mark Paol etta
Counsel to the Vice President
202 456 2734 (work)
(cell)
Sent from my iPhone
> On Jun 30, 2017, at 1:50 AM, Kris Kobach <

>wrote:

•
> This is what the follow up letter will need to address in part
•
> http://www.sfchroni cle.com/pol iti cs/arti cle/cal i fornia-offi ci al -bri stl es-at-Trump-vote r-fraud11257803. php
•
> Alternatively we start punching now in the press...
•
> sent from my i Phone

17-2361-A-006272

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/21/2017 3:00:38 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyh]
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Re: call today?

Sorry- held up for a second. We'll call you in 5 minutes.
Sent from my iPhone
> On Aug 21, 2017, at 9:44 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Will do. Thanks
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel, Office of the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>
>
>
Original Message
> From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
> Sent: Monday, August 21, 2017 9:41 AM
> To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
> Subject: RE: call today?
>
> Yes, call me.
>
>
>
> Hans von Spakovsky
> Manager, Election Law Reform Initiative and Senior Legal Fellow
> Institute for Constitutional Government
> The Heritage Foundation
> 214 Massachusetts Avenue, NE
> Washington, DC 20002
> 202-608-6207
> heritage.org
>
>
Original Message
> From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
> Sent: Monday, August 21, 2017 9:08 AM
> To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
> Subject: call today?
>
> Hi Hans,
>
> Hope you had safe travels and a great trip. Any chance you're free this morning at 11:00 for a quick
call?
>
> Thanks,
> Andrew
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp eop.gov
>
>

17-2361-A-006273

 Message
From:
Sent:
To:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@oyp.eop.goy]
7/11/2017 11:27:07 PM
Poetter, Samantha [KSOS][Samantha.Poetter@ks.goy]; Agen, Jarrod P. EOP/OVP [Jarrod.P.Agen@ovp.eop.goy]; Kris
Kobach [
]
RE: celeste from mic re election integrity

I revised the press statement with kris and sent jarrod a new statement. Jarrod, use the other statement.
MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
202 881 6040 (cell)
Mark.R.Paoletta@ovp.eop.gov
From: Poetter, Samantha [KSOS][mailto:Samantha.Poetter@ks.gov]
Sent: Tuesday, July 11, 2017 7:03 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>; Kris Kobach <
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: Re: celeste from mic re election integrity

>

I'm good with it. We tend not to comment on ongoing litigation.
SAMANTHA M POETTER
Director of Public Information
Phone: 785.296.8391
Kansas Secretary of State
From: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Sent: Tuesday, July 11, 2017 5:47:12 PM
To: Poetter, Samantha [KSOS]; Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP
Subject: FW: celeste from mic re election integrity

I'd like to use this response from Sec Kobach if ok for these types of lawsuit questions:
"The bipartisan commission is looking forward to its first meeting on July 19 to discuss ways to enhance the
integrity of our election system, the commission has no comment on this filing."

From: Celeste Katz [mailto:
Sent: Tuesday, July 11, 2017 4:54 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: Re: celeste from mic re election integrity

I know you're busy... just circling back once more to see if you wanted to say anything about these remarks
from the ACLU and the Lawyers' Committee, both of which are suing to delay or kill the election integrity
panel... only want to make sure you have every opportunity to respond...
for example:

17-2361-A-006274

 Dale Ho,director of the ACLU Voting Rights Project, said on the conference call that the presidential
commission "was designed to sell a lie. Donald Trump lost the popular vote by almost 3 million ballots,
and this commission was designed to sell the lie that he didn't. The second thing that this commission was
designed to do was to justify voter suppression measures with exaggerated and trumped up allegations of
non-citizen and double voting."

Senior Political Correspondent

Celeste Katz
(CelesteKatzNYC

On Tue, Jul 11, 2017 at 10:20 AM,Celeste Katz <

wrote:

Me again!
Is there any explainer for why these two fellows were chosen?

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

17-2361-A-006275

 On Mon,Jul 10, 2017 at 8:06 PM,Celeste Katz

wrote:

I did get it, thanks ...

On Mon,Jul 10, 2017 at 7:52 PM Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov> wrote:
I'll check on meeting. I don't think they have issued any statements regarding lawsuits, but there was an
email sent to states this morning. Have you gotten that?
On Jul 10, 2017, at 7:44 PM,Celeste Katz <

wrote:

I did receive, thanks... Do you know if the first meeting is ONLY public by livestream, or is
public and ALSO available by livestream? I can't get the contact for the panel to respond to
my emails, unfortunately... There are also a number of new lawsuits against the Commission
today, including from the ACLU and the Lawyers' Committee...

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Mon,Jul 10, 2017 at 7:38 PM,Agen, Jarrod P. EOP/OVP <Jarrod.P.AgenRovp.eop.gov>
wrote:

President Donald J. Trump today announced his intent to appoint the following individuals
as members ofthe Presidential Advisory Commission on Election Integrity:

J. Christian Adams of Virginia
Alan Lamar King of Alabama
17-2361-A-006276

 On Jul 10, 2017, at 7:02 PM,Celeste Katz <

wrote:

Hi, Celeste again... I see where it says the President will name new members
ofthe Election Integrity Commission today... is that still on? Do you know
who they are?

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Thu, Jul 6, 2017 at 2:52 PM,Celeste Katz

wrote:

Hi Jarrod,
Celeste here again. Thanks very much for the statement from the secretary
yesterday -- got a lot of attention.
I'm wondering if you could explain why the first meeting ofthe commission
will be limited to livestream public participation (which I take to mean
viewing only, not interaction) and no oral questions, per the Federal
Register.
Does that mean even press is prohibited from being in the room?
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
l
17-2361-A-006277

 ©CelesteKatzNYC

On Wed, Jul 5, 2017 at 4:34 PM,Celeste Katz <

wrote:

Great, thanks very much!

Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

On Wed, Jul 5, 2017 at 4:14 PM, Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov> wrote:
Hi Celeste,
We are about to issue this statement from Kris Kobach on this issue.
Here's statement below...
Statement from Kris Kobach:
On June 28, the Presidential Advisory Commission on Election Integrity issued a
letter requesting that states provide publicly available voter data as permitted
under their state laws. At present, 20 states have agreed to provide the publicly
available information requested by the Commission and another 16 states are
reviewing which information can be released under their state laws. In all, 36
states have either agreed or are considering participating with the Commission's
work to ensure the integrity of the American electoral system.
While there are news reports that 44 states have "refused" to provide voter
information to the Commission, these reports are patently false, more "fake
17-2361-A-006278

 news". At present, only 14 states and the District of Columbia have refused the
Commission's request for publicly available voter information. Despite media
distortions and obstruction by a handful of state politicians, this bipartisan
commission on election integrity will continue its work to gather the facts
through public records requests to ensure the integrity of each American's vote
because the public has a right to know.

From: Celeste Katz [mailto
Sent: Wednesday, July 5, 2
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: celeste from mic re election integrity

Hi Jarrod,
Hope you had a good Fourth. I'm checking in about the election integrity
panel...
Wondering what the VP thinks of so many states refusing to comply with
Secretary Kobach's data request, and also regarding two complaints filed
against him for possible violations of ethics regulations in connection with
the commission.
Any help you could provide would be great.
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

17-2361-A-006279

 Senior Political Correspondent

Celeste Katz





Message
From:
Sent:
To:
CC:
Subject:

Poetter, Samantha [KSOS][Samantha.Poetter@ks.gov]

7/11/2017 11:02:30 PM
Agen,Jarrod P. EOP/OVP [jarrod.p.agen@ovp.eop.gov]; Kris Kobach [
Paoletta, Mark R. EOP/OVP [mark.r.paoletta@ovp.eop.gov]
Re: celeste from mic re election integrity

]

I'm good with it. We tend not to comment on ongoing litigation.
SAMANTHA M POETTER
Director of Public Information
Phone: 785.296.8391
Kansas Secretary of State
From: Agen, Jarrod P. EOP/OVP Klarrod.P.Agen@ovp.eop.gov>
Sent: Tuesday, July 11, 2017 5:47:12 PM
To: Poetter, Samantha [KSOS]; Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP
Subject: FW: celeste from mic re election integrity

I'd like to use this response from Sec Kobach if ok for these types of lawsuit questions:
"The bipartisan commission is looking forward to its first meeting on July 19 to discuss ways to enhance the
integrity of our election system, the commission has no comment on this filing."

From: Celeste Katz [mailto:celeste@mic.com]
Sent: Tuesday, July 11, 2017 4:54 PM
To: Agen, Jarrod P. EOP/OVP Klarrod.P.Agen@ovp.eop.gov>
Subject: Re: celeste from mic re election integrity

I know you're busy... just circling back once more to see if you wanted to say anything about these remarks
from the ACLU and the Lawyers' Committee, both of which are suing to delay or kill the election integrity
panel... only want to make sure you have every opportunity to respond...
for example:
Dale Ho,director of the ACLU Voting Rights Project, said on the conference call that the presidential
commission "was designed to sell a lie. Donald Trump lost the popular vote by almost 3 million ballots,
and this commission was designed to sell the lie that he didn't. The second thing that this commission was
designed to do was to justify voter suppression measures with exaggerated and trumped up allegations of
non-citizen and double voting."

Senior Political Correspondent
17-2361-A-006281

 Celeste Katz
aCelesteKatzNYC

917-952-3782

On Tue, Jul 11, 2017 at 10:20 AM,Celeste Katz <celeste mic.com> wrote:
Me again!
Is there any explainer for why these two fellows were chosen?

Senior Political Correspondent

Celeste Katz
aCelesteKatzNYC

917-952-3782

On Mon, Jul 10, 2017 at 8:06 PM,Celeste Katz <celeste@rnic.corn> wrote:
I did get it, thanks ...

On Mon,Jul 10, 2017 at 7:52 PM Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov> wrote:
I'll check on meeting. I don't think they have issued any statements regarding lawsuits, but there was an
email sent to states this morning. Have you gotten that?
On Jul 10, 2017, at 7:44 PM,Celeste Katz <celeste@mic.com> wrote:
17-2361-A-006282

 I did receive, thanks... Do you know if the first meeting is ONLY public by livestream, or is
public and ALSO available by livestream? I can't get the contact for the panel to respond to
my emails, unfortunately... There are also a number of new lawsuits against the Commission
today, including from the ACLU and the Lawyers' Committee...

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

917-952-3782

On Mon,Jul 10, 2017 at 7:38 PM,Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
wrote:

President Donald J. Trump today announced his intent to appoint the following individuals
as members of the Presidential Advisory Commission on Election Integrity:

J. Christian Adams of Virginia
Alan Lamar King of Alabama

On Jul 10, 2017, at 7:02 PM,Celeste Katz <celesteAmic.com> wrote:
Hi, Celeste again... I see where it says the President will name new members
ofthe Election Integrity Commission today... is that still on? Do you know
who they are?

17-2361-A-006283

 Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

917-952-3782

On Thu, Jul 6, 2017 at 2:52 PM,Celeste Katz <celeste@mic.com> wrote:
Hi Jarrod,
Celeste here again. Thanks very much for the statement from the secretary
yesterday -- got a lot of attention.
I'm wondering if you could explain why the first meeting ofthe commission
will be limited to livestream public participation (which I take to mean
viewing only, not interaction) and no oral questions, per the Federal
Register.
Does that mean even press is prohibited from being in the room?
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

917-952-3782

On Wed, Jul 5, 2017 at 4:34 PM,Celeste Katz <celeste@mic.com> wrote:

17-2361-A-006284

 Great, thanks very much!

Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

917-952-3782

On Wed, Jul 5, 2017 at 4:14 PM, Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov> wrote:
Hi Celeste,
We are about to issue this statement from Kris Kobach on this issue.
Here's statement below...
Statement from Kris Kobach:
On June 28, the Presidential Advisory Commission on Election Integrity issued a
letter requesting that states provide publicly available voter data as permitted
under their state laws. At present, 20 states have agreed to provide the publicly
available information requested by the Commission and another 16 states are
reviewing which information can be released under their state laws. In all, 36
states have either agreed or are considering participating with the Commission's
work to ensure the integrity of the American electoral system.
While there are news reports that 44 states have "refused" to provide voter
information to the Commission, these reports are patently false, more "fake
news". At present, only 14 states and the District of Columbia have refused the
Commission's request for publicly available voter information. Despite media
distortions and obstruction by a handful of state politicians, this bipartisan
commission on election integrity will continue its work to gather the facts
through public records requests to ensure the integrity of each American's vote
because the public has a right to know.

From: Celeste Katz [mailto:celeste@mic.com]
Sent: Wednesday, July 5, 2017 12:26 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: celeste from mic re election integrity
17-2361-A-006285

 Hi Jarrod,
Hope you had a good Fourth. I'm checking in about the election integrity
panel...
Wondering what the VP thinks of so many states refusing to comply with
Secretary Kobach's data request, and also regarding two complaints filed
against him for possible violations of ethics regulations in connection with
the commission.
Any help you could provide would be great.
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

917-952-3782

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

917-952-3782

17-2361-A-006286

  

 



Message
From:
Sent:
To:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@oyp.eop.goy]
7/11/2017 10:53:59 PM
Agen,Jarrod P. EOP/OVP [Jarrod.P.Agen@oyp.eop.goy]; Kris Kobach
RE: celeste from mic re election integrity

Jarrod,
I am on with Kris, and we just edited statement and he is good to go with it as revised.
MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
(cell)
Ma rk.R.Paoletta@ovp.eop.gov
From: Agen, Jarrod P. EOP/OVP
Sent: Tuesday, July 11, 2017 6:47 PM
To: Poetter, Samantha [KSOS] <Samantha.Poetter@ks.gov>; Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: FW: celeste from mic re election integrity

I'd like to use this response from Sec Kobach if ok for these types of lawsuit questions:
"As the Vice Chairman of this bipartisan commission, I am looking forward to our first meeting on July 19 to
discuss ways to enhance the integrity of our election system. I have no comment at this time on this filing."

From: Celeste Katz [mailto
Sent: Tuesday, July 11, 2017 4:54 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: Re: celeste from mic re election integrity

I know you're busy... just circling back once more to see if you wanted to say anything about these remarks
from the ACLU and the Lawyers' Committee, both of which are suing to delay or kill the election integrity
panel... only want to make sure you have every opportunity to respond...
for example:
Dale Ho,director of the ACLU Voting Rights Project, said on the conference call that the presidential
commission "was designed to sell a lie. Donald Trump lost the popular vote by almost 3 million ballots,
and this commission was designed to sell the lie that he didn't. The second thing that this commission was
designed to do was to justify voter suppression measures with exaggerated and trumped up allegations of
non-citizen and double voting."

17-2361-A-006288

 Senior Political Correspondent

Celeste Katz
0,CelesteKatzNYC

On Tue, Jul 11,2017 at 10:20 AM,Celeste Katz

wrote:

Me again!
Is there any explainer for why these two fellows were chosen?

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Mon,Jul 10, 2017 at 8:06 PM,Celeste Katz

wrote:

I did get it, thanks ...

On Mon,Jul 10, 2017 at 7:52 PM Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov> wrote
I'll check on meeting. I don't think they have issued any statements regarding lawsuits, but there was an
email sent to states this morning. Have you gotten that?
17-2361-A-006289

 On Jul 10, 2017, at 7:44 PM,Celeste Katz

1

> wrote:

I did receive, thanks... Do you know if the first meeting is ONLY public by livestream, or is
public and ALSO available by livestream? I can't get the contact for the panel to respond to
my emails, unfortunately... There are also a number of new lawsuits against the Commission
today, including from the ACLU and the Lawyers' Committee...

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Mon,Jul 10, 2017 at 7:38 PM,Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
wrote:
President Donald J. Trump today announced his intent to appoint the following individuals
as members ofthe Presidential Advisory Commission on Election Integrity:
J. Christian Adams of Virginia
Alan Lamar King of Alabama

On Jul 10, 2017, at 7:02 PM,Celeste Katz

wrote:

Hi, Celeste again... I see where it says the President will name new members
ofthe Election Integrity Commission today... is that still on? Do you know
who they are?

Senior Political Correspondent

17-2361-A-006290

 Celeste Katz
@CelesteKatzNYC

On Thu, Jul 6, 2017 at 2:52 PM,Celeste Katz

wrote:

Hi Jarrod,
Celeste here again. Thanks very much for the statement from the secretary
yesterday -- got a lot of attention.
I'm wondering if you could explain why the first meeting ofthe commission
will be limited to livestream public participation (which I take to mean
viewing only, not interaction) and no oral questions, per the Federal
Register.
Does that mean even press is prohibited from being in the room?
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Wed,Jul 5, 2017 at 4:34 PM,Celeste Katz
Great, thanks very much!

wrote:

17-2361-A-006291

 Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

On Wed, Jul 5, 2017 at 4:14 PM, Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov> wrote:
Hi Celeste,

We are about to issue this statement from Kris Kobach on this issue.
Here's statement below...

Statement from Kris Kobach:
On June 28, the Presidential Advisory Commission on Election Integrity issued a
letter requesting that states provide publicly available voter data as permitted
under their state laws. At present, 20 states have agreed to provide the publicly
available information requested by the Commission and another 16 states are
reviewing which information can be released under their state laws. In all, 36
states have either agreed or are considering participating with the Commission's
work to ensure the integrity of the American electoral system.

While there are news reports that 44 states have "refused" to provide voter
information to the Commission, these reports are patently false, more "fake
news". At present, only 14 states and the District of Columbia have refused the
Commission's request for publicly available voter information. Despite media
distortions and obstruction by a handful of state politicians, this bipartisan
commission on election integrity will continue its work to gather the facts
17-2361-A-006292

 through public records requests to ensure the integrity of each American's vote
because the public has a right to know.

From: Celeste Katz [mailto
Sent: Wednesday, July 5, 2017 12:26 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: celeste from mic re election integrity

Hi Jarrod,

Hope you had a good Fourth. I'm checking in about the election integrity
panel...

Wondering what the VP thinks of so many states refusing to comply with
Secretary Kobach's data request, and also regarding two complaints filed
against him for possible violations of ethics regulations in connection with
the commission.

Any help you could provide would be great.

Thanks in advance, CK

Senior Political Correspondent

Celeste Katz

©CelesteKatzNYC
17-2361-A-006293

 Senior Political Correspondent

Celeste Katz

-



Message
From:
Sent:
To:
Subject:

Poetter, Samantha [KSOS][Samantha.Poetter@ks.goy]
7/11/2017 11:29:31 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta ov .eo . oy]• Agen, Jarrod P. EOP/OVP
[Jarrod.P.Agen@oyp.eop.goy]; Kris Kobach [
Re: celeste from mic re election integrity

Could I get a copy of it? Or would you like me to refer all of the inquiries to Jarrod? Either works on my end.
From: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Sent: Tuesday, July 11, 2017 6:27:07 PM
To: Poetter, Samantha [KSOS]; Agen,Jarrod P. EOP/OVP; Kris Kobach
Subject: RE: celeste from mic re election integrity
I revised the press statement with kris and sent jarrod a new statement. Jarrod, use the other statement.
MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
(cell)
Mark.R.Paoletta@ovp.eop.gov
From: Poetter, Samantha [KSOS][mailto:Samantha.Poetter@ks.gov]
Sent: Tuesday, July 11, 2017 7:03 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>; Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@oyp.eop.goy>
Subject: Re: celeste from mic re election integrity

I'm good with it. We tend not to comment on ongoing litigation.
SAMANTHA M POETTER
Director of Public Information
Phone: 785.296.8391
Kansas Secretary of State
From: Agen, Jarrod P. EOP/OVP Klarrod.P.Agen@oyp.eop.goy>
Sent: Tuesday, July 11, 2017 5:47:12 PM
To: Poetter, Samantha [KSOS]; Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP
Subject: FW: celeste from mic re election integrity

I'd like to use this response from Sec Kobach if ok for these types of lawsuit questions:
"The bipartisan commission is looking forward to its first meeting on July 19 to discuss ways to enhance the
integrity of our election system, the commission has no comment on this filing."

From: Celeste Katz [mailto:
Sent: Tuesday, July 11, 2017 4:54 PM
To: Agen, Jarrod P. EOP/OVP Klarrod.P.Agen@oyp.eop.goy>
Subject: Re: celeste from mic re election integrity
17-2361-A-006295

 I know you're busy... just circling back once more to see if you wanted to say anything about these remarks
from the ACLU and the Lawyers' Committee, both of which are suing to delay or kill the election integrity
panel... only want to make sure you have every opportunity to respond...
for example:
Dale Ho,director of the ACLU Voting Rights Project, said on the conference call that the presidential
commission "was designed to sell a lie. Donald Trump lost the popular vote by almost 3 million ballots,
and this commission was designed to sell the lie that he didn't. The second thing that this commission was
designed to do was to justify voter suppression measures with exaggerated and trumped up allegations of
non-citizen and double voting."

Senior Political Correspondent

Celeste Katz
aCelesteKatzNYC

On Tue, Jul 11, 2017 at 10:20 AM,Celeste Katz <

wrote:

Me again!
Is there any explainer for why these two fellows were chosen?

Senior Political Correspondent

Celeste Katz
aCelesteKatzNYC
17-2361-A-006296

 On Mon,Jul 10, 2017 at 8:06 PM,Celeste Katz <_______________ wrote:
I did get it, thanks ...

On Mon,Jul 10, 2017 at 7:52 PM Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov> wrote:
I'll check on meeting. I don't think they have issued any statements regarding lawsuits, but there was an
email sent to states this morning. Have you gotten that?
On Jul 10, 2017, at 7:44 PM,Celeste Katz <

wrote:

I did receive, thanks... Do you know if the first meeting is ONLY public by livestream, or is
public and ALSO available by livestream? I can't get the contact for the panel to respond to
my emails, unfortunately... There are also a number of new lawsuits against the Commission
today, including from the ACLU and the Lawyers' Committee...

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Mon,Jul 10, 2017 at 7:38 PM,Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
wrote:

17-2361-A-006297

 President Donald J. Trump today announced his intent to appoint the following individuals
as members ofthe Presidential Advisory Commission on Election Integrity:

J. Christian Adams of Virginia
Alan Lamar King of Alabama

On Jul 10, 2017, at 7:02 PM,Celeste Katz <

> wrote:

Hi, Celeste again... I see where it says the President will name new members
ofthe Election Integrity Commission today... is that still on? Do you know
who they are?

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

On Thu, Jul 6, 2017 at 2:52 PM,Celeste Katz <MMIE> wrote:
Hi Jarrod,
Celeste here again. Thanks very much for the statement from the secretary
yesterday -- got a lot of attention.
I'm wondering if you could explain why the first meeting ofthe commission
will be limited to livestream public participation (which I take to mean
viewing only, not interaction) and no oral questions, per the Federal
Register.
Does that mean even press is prohibited from being in the room?
Thanks in advance, CK
17-2361-A-006298

 Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

On Wed, Jul 5, 2017 at 4:34 PM,Celeste Katz <

> wrote:

Great, thanks very much!

Senior Political Correspondent

Celeste Katz
©CelesteKatzNYC

On Wed, Jul 5, 2017 at 4:14 PM, Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov> wrote:
Hi Celeste,
We are about to issue this statement from Kris Kobach on this issue.
Here's statement below...
Statement from Kris Kobach:
17-2361-A-006299

 On June 28, the Presidential Advisory Commission on Election Integrity issued a
letter requesting that states provide publicly available voter data as permitted
under their state laws. At present, 20 states have agreed to provide the publicly
available information requested by the Commission and another 16 states are
reviewing which information can be released under their state laws. In all, 36
states have either agreed or are considering participating with the Commission's
work to ensure the integrity of the American electoral system.
While there are news reports that 44 states have "refused" to provide voter
information to the Commission, these reports are patently false, more "fake
news". At present, only 14 states and the District of Columbia have refused the
Commission's request for publicly available voter information. Despite media
distortions and obstruction by a handful of state politicians, this bipartisan
commission on election integrity will continue its work to gather the facts
through public records requests to ensure the integrity of each American's vote
because the public has a right to know.

From: Celeste Katz [mailto
Sent: Wednesday, July 5, 2017 12:26 PM
To: Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: celeste from mic re election integrity

Hi Jarrod,
Hope you had a good Fourth. I'm checking in about the election integrity
panel...
Wondering what the VP thinks of so many states refusing to comply with
Secretary Kobach's data request, and also regarding two complaints filed
against him for possible violations of ethics regulations in connection with
the commission.
Any help you could provide would be great.
Thanks in advance, CK

Senior Political Correspondent

Celeste Katz
@CelesteKatzNYC

17-2361-A-006300

 Senior Political Correspondent

Celeste Katz



17-2361 -A-006301

Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
7/3/2017 10:06:36 PM
Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eob.gov]; Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovb.eop.gov]
Re: Column I'm publishing

Defer to Mark and Marc, but this looks good to me overall.
One line that caught my attention was this one, only because the President's E.O. was broader in scope to
include improper registrations, improper voting, etc.: "The Commission's chief goal is to measure
the amount of voter fraud in that country."
What about something like, "The Commission's objective is to identify policies and practices that either
advance or undermine the American people's confidence in our elections processes, including any
vulnerabilities that could lead to improper or fraudulent registrations and voting. The voter rolls are the obvious
starting point for the Commission's work."
Thanks,
Andrew
Sent from my iPhone
On Jul 3, 2017, at 5:02 PM,Kris Kobach <

wrote:
m>

Guys,
I'm about to publish this column at Breitbart. It is basically the same arguments that I made on TV on
Friday, now in written form.
If you have any comments please let me know this evening. I'll be submitting it in a few hours.
Thanks.

Kris
<Kobach-Brietbart Column 02 - State Voter Rolls.docx>

17-2361-A-006302

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/1/2017 4:27:20 PM
Christian Adams [adams@electionlawcenter.com]; von Spakovsky, Hans
[/0=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]
RE: Commission Meeting

Thanks, Christian. We'll add these to the stack for pre-publication.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Christian Adams[mailto:adams@electionlawcenter.com]
Sent: Friday, September 1, 2017 11:37 AM
To: Hans von Spakovsky <Hans.VonSpakovsky@heritage.org>; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Subject: Commission Meeting
Andrew — I am going to ask questions of witnesses about some issues in these cases. I don't know if that means the
materials should be available prior to the hearing or not. I will leave that to you. But the important thing is that courts
have found that having more people on the voter rolls than people alive creates a strong inference that federal law is
being violated. These cases all touch on this point.

17-2361-A-006303

 Message
From:
Sent:
To:
CC:
Subject:

Kris Kobach
7/27/2017 7:03:31 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov]
RE: discussion document

Andrew,
Yes. Let's talk tomorrow. Looking at the document I'd make a few
changes. Probably put the topics of meeting 4 in meeting 2. Voter
registration list inaccuracies is a huge subject and really is the
principal subject of the commission's work. Regarding voter
participation, I like using that as theme to address "suppression" as well
as the data showing turnout in photo ID states. However, that is more of
a defensive topic, addressing the charges of those who oppose election
security measures. So it should come later in the series of meetings.
Kris
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Thursday,
To: Kris Kobach
Cc: Paoletta, Ma
< ar
aoletta@ovp.eop.gov>
Subject: discussion document
Kris,
Attached is the discussion document I mentioned regarding possible
themes/topics for future meetings. If you have any availability tomorrow
for a call, please let us know.
Thanks,
Andrew

17-2361-A-006304

 Message
From:
Sent:
To:
Subject:

Kris Kobach [
9/7/2017 7:29:29 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];'Paoletta, Mark R. EOP/OVP'
[Mark.R.Paoletta@ovp.eop.gov]
RE: Documents

These documents explain the numbers. Thanks.
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Thursday, September 07, 2017 2:26 PM
To:'Kris Kobach'<.;
Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: FW: Documents
Here's the letter. I haven't reviewed yet.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: NH House Communications [mailto:NHHouse@leg.state.nh.usl
Sent: Thursday, September 7, 2017 3:25 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Documents
Hi Andrew,
I have attached the two documents, both the initial request by the speaker and the response he received.
Jim
James E. Rivers
Director Of House Communications
State House, Room 312
107 North Main St.
Concord, NH 03301
603-271-3664
>http://www.gencourt.state.nh.us/house<

17-2361-A-006305

 Message
From:
Sent:
To:

Kris Kobach
7/6/2017 3:01:31 AM
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]
Morgan, Matthew E. EOP/OVP Uo=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mob Kossack, Andrew J. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
Re: draft Kobach follow up letter (redline)(005)

CC:

Subject:

I am okay with you sending it whenever you wish.
Signing off now. Will check email mid morning.
On Wed, Jul 5, 2017 at 8:53 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov> wrote:
Pls confirm declaration that we need to file tomorrow
Mark Paoletta
Counsel to the Vice President
202 456 2734(work)
(cell)
Sent from my iPhone
On Jul 5, 2017, at 10:52 PM,Kris Kobach <1> wrote:
OK Let's go with the wording "we will dispose of it consistent with federal law." The "return it to the
states" language seems strange in a digital age anyway, when copies are necessarily created.
I'm signing off for tonight. I'll be on Laura Ingraham's show in the morning at 10:30 et.
Thanks for your work on this.

On Wed,Jul 5, 2017 at 8:32 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
wrote:
Kris,
I spoke with the GC of the Archives and the White House Counsel. We cannot return this information to
the states. Once it hits our servers, it is a presidential record. We need to strike that as an option. In my
conversation with Archives GC, we explored whether we can dispose of this info consistent with federal
law, and have POTUS make a determination that this is administrative info and not necessary to
preserve. BUT the law requires the President obtain the concurrence of the Archives if he intends to
dispose of records. He cannot do so unilaterally. So we are still working through this issue, and not
certain what resolution will be. We can say that once done "we will dispose of it consistent with federal
law." And leave it at that.
Mark

17-2361-A-006306

 MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
(cell)
Mark.R.Paoletta@ovp.eop.gov

From: Kris Kobach [mailto
Sent: Wednesday, July 5, 2017 9:41 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Cc: Morgan, Matthew E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: draft Kobach follow up letter (redline)(005)

Guys,

Here's my rewrite of the letter. I felt that it needed restructuring and rewording. I couldn't get
the computer that I am using to make the changes in redline so you'll have to just compare the
two drafts

Note that I omitted the possibility that the federal government may just keep the voter rolls
confidentially into the future. It stands out like a sore thumb. Plus I will not support doing that.

If someone is insisting on CYA language, the "as permitted by federal law" will suffice.

You may send this out under my signature in the morning. If you catch any typos feel free to
correct them. Thanks.

Kris

On Wed, Jul 5, 2017 at 5:29 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
wrote:
17-2361-A-006307

 Latest versiena we want t0 send Out tomormw morning?



Message
From:
Sent:
To:
CC:

Subject:

Kris Kobach [
7/6/2017 2:52:02 AM
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b554216420a92cc812de2026bb8-Pa]
Morgan, Matthew E. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4193210d4b284d1c8583feab97894024-Mo]; Kossack, Andrew J. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
Re: draft Kobach follow up letter (redline)(005)

OK. Let's go with the wording "we will dispose of it consistent with federal law." The "return it to the states" language
seems strange in a digital age anyway, when copies are necessarily created.
I'm signing off for tonight. I'll be on Laura Ingraham's show in the morning at 10:30 et.
Thanks for your work on this.

On Wed, Jul 5, 2017 at 8:32 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov> wrote:
Kris,
I spoke with the GC of the Archives and the White House Counsel. We cannot return this information to the
states. Once it hits our servers, it is a presidential record. We need to strike that as an option. In my conversation with
Archives GC, we explored whether we can dispose of this info consistent with federal law, and have POTUS make a
determination that this is administrative info and not necessary to preserve. BUT the law requires the President obtain
the concurrence of the Archives if he intends to dispose of records. He cannot do so unilaterally. So we are still
working through this issue, and not certain what resolution will be. We can say that once done "we will dispose of it
consistent with federal law." And leave it at that.
Mark

MARK R. PAOLETTA
Counsel to the Vice President
202 456 2734(work)
cell)
Mark.R.Paoletta@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Wednesday, July 5, 2017 9:41 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Cc: Morgan, Matthew E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>; Kossack, Andrew J. EOP/OVP
17-2361-A-006309

 <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: draft Kobach follow up letter (redline)(005)

Guys,

Here's my rewrite ofthe letter. I felt that it needed restructuring and rewording. I couldn't get the computer that
I am using to make the changes in redline so you'll have to just compare the two drafts

Note that I omitted the possibility that the federal government may just keep the voter rolls confidentially into
the future. It stands out like a sore thumb. Plus I will not support doing that.

If someone is insisting on CYA language, the "as permitted by federal law" will suffice.

You may send this out under my signature in the morning. If you catch any typos feel free to correct
them. Thanks.

Kris

On Wed, Jul 5, 2017 at 5:29 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov> wrote:
Latest version, we want to send out tomorrow morning.

17-2361-A-006310

 Message
From:
Sent:
To:
CC:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
8/30/2017 1:17:54 AM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Kris Kobach [
Re: draft letter

Kris,
Any feedback?
Mark Paoletta
Counsel to the Vice President
202 456 2734(work)
(cell)
Sent from my iPhone
On Aug 29, 2017, at 7:47 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris,
Per our discussion earlier, below is the draft text of the letter. I attached a Word version as well just to show
you what the letter would look like in final form. Let us know if you'd like to discuss further.
Thanks,
Andrew

August 30,2017
Dear Fellow Commissioners,
I look forward to seeing you on September 12th in New Hampshire. My thanks again to Secretary Gardner for
hosting us.
I wanted to contact you with a request regarding any written materials for the September 12th meeting. We
want to ensure we operate with the highest level of transparency and in a way that allows the public to be
fully informed of our Commission's work.
To that end, if you intend to share written materials with the other Commission members at the meeting, I
ask that you please submit such materials to the Commission staff no later than 10 a.m. Eastern Time on
Monday,September 11th. Materials that are not received by this time, or that staff is unable to post to the
th
website by Monday,September 11 at 7:00 p.m. due to technical or other issues, will not be used at the
September 12th meeting, so I encourage you to submit your materials by Friday, September 8th, if possible.
We will ask invited presenters at the meeting to submit any PowerPoint presentations, handouts, or other
materials intended to be shared with the Commission by Thursday, September 7th.This will allow the
Commission staff to share such materials with you in advance of the meeting, as well as post them to the
Commission's webpage by Monday,September 11th at 7:00 p.m.
This approach is intended to ensure a transparent meeting on September 12th. Consistent with that goal,
the Commission has represented in ongoing litigation that materials that you intend to share with your fellow
Commission members will be shared with the public in advance of meetings, where possible. I do not want to
undermine our Commission's discussion or limit the free flow of information, and I understand unexpected
17-2361-A-006311

 issues could arise and members could desire to introduce other documents at the meeting. I would ask that
other documents be shared at the meeting only under extraordinary circumstances that could not have been
foreseen with sufficient time to send them to Commission staff by the deadline. Should this occur, however,
please coordinate with Commission staff to ensure that sufficient copies are available to distribute to
meeting participants and the public. As the Vice Chair and acting Chair for the September 12th meeting, I
reserve the right to object to the introduction of any materials that do not follow this process.
I look forward to a great meeting on September 12th.
Sincerely,
<image001.png>
Kris W. Kobach
Vice Chair

<draft Kobach letter re meeting material deadline.docx>

17-2361-A-006312

  

17-2361 -A-00631 3

Message
From:
Sent:
To:
CC:
Subject:
Attachments:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/30/2017 1:32:38 AM
Kris Kobach I
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: draft letter
LCCR discovery reply as filed.pdf; 25_Order on Misc Motion 8-18-17.pdf; 26. LCCR Proposed Discovery Plan.pdf

Kris,
For background, attached is the Judge's order setting tomorrow's hearing and requesting a discovery plan, the plaintiff's
proposed discovery plan, and DOJ's reply.
Thanks,
Andrew
From: Paoletta, Mark R. EOP/OVP
Sent: Tuesday, August 29, 2017 9:18 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Cc: Kris Kobach <
>
Subject: Re: draft letter
Kris,
Any feedback?
Mark Paoletta
Counsel to the Vice President
202 456 2734(work)
cell)
Sent from my iPhone
On Aug 29, 2017, at 7:47 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris,
Per our discussion earlier, below is the draft text of the letter. I attached a Word version as well just to show
you what the letter would look like in final form. Let us know if you'd like to discuss further.
Thanks,
Andrew

August 30,2017
Dear Fellow Commissioners,
I look forward to seeing you on September 12th in New Hampshire. My thanks again to Secretary Gardner for
hosting us.

17-2361-A-006314

 I wanted to contact you with a request regarding any written materials for the September 12th meeting. We
want to ensure we operate with the highest level of transparency and in a way that allows the public to be
fully informed of our Commission's work.
To that end, if you intend to share written materials with the other Commission members at the meeting, I
ask that you please submit such materials to the Commission staff no later than 10 a.m. Eastern Time on
Monday, September 11th. Materials that are not received by this time, or that staff is unable to post to the
website by Monday,September 11th at 7:00 p.m. due to technical or other issues, will not be used at the
th
September 12th meeting, so I encourage you to submit your materials by Friday, September 8 , if possible.
We will ask invited presenters at the meeting to submit any PowerPoint presentations, handouts, or other
materials intended to be shared with the Commission by Thursday, September 7th.This will allow the
Commission staff to share such materials with you in advance of the meeting, as well as post them to the
th
Commission's webpage by Monday, September 11 at 7:00 p.m.
This approach is intended to ensure a transparent meeting on September 12th. Consistent with that goal,
the Commission has represented in ongoing litigation that materials that you intend to share with your fellow
Commission members will be shared with the public in advance of meetings, where possible. I do not want to
undermine our Commission's discussion or limit the free flow of information, and I understand unexpected
issues could arise and members could desire to introduce other documents at the meeting. I would ask that
other documents be shared at the meeting only under extraordinary circumstances that could not have been
foreseen with sufficient time to send them to Commission staff by the deadline. Should this occur, however,
please coordinate with Commission staff to ensure that sufficient copies are available to distribute to
meeting participants and the public. As the Vice Chair and acting Chair for the September 12th meeting, I
reserve the right to object to the introduction of any materials that do not follow this process.
I look forward to a great meeting on September 12th.
Sincerely,
<image001.png>
Kris W. Kobach
Vice Chair

<draft Kobach letter re meeting material deadline.docx>

17-2361-A-006315

 Case 1:17-cv-01354-CKK Document 27 Filed 08/28/17 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

LAWYERS'COMMITTEE FOR CIVIL
RIGHTS UNDER LAW,

Civil Action No. 1:17-cv-1354(C1CK)

Plaintiff,
V.
PRESIDENTIAL ADVISORY
COMMISSION ON ELECTION
INTEGRITY; el al.,
Defendants.

DEFENDANTS'OPPOSITION TO PLAINTIFF'S PROPOSED DISCOVERY PLAN

17-2361-A-006316

 Case 1:17-cv-01354-CKK Document 27 Filed 08/28/17 Page 2 of 17

INTRODUCTION
Plaintiff has moved for expedited discovery related to whether defendants have complied
with their representation that documents "prepared for" the Commission's July 19 meeting
would be made publically available pursuant to section 10(b) of the Federal Advisory Committee
Act("FACA"). Food Chem. News v. Dep't ofHealth & Human Servs., 980 F.2d 1468, 1472
(D C. Cir. 1992)("[W]henever practical, parties[should] have access to the relevant materials
before or at the meeting at which the materials are used and discussed."); see also Mem. Supp.
Pl.'s Mot Status Conference, ECF No. 21-1; Order(Aug. 18, 2017), ECF No. 25.
The present dispute involves only a few documents: background materials that were
produced by individual Commissioners and distributed to the Commission for the first time at the
July 19 meeting itself. There is no on-point case law addressing whether these documents would
be covered by section 10(b) before being shared with the full Commission. Accordingly,
Commission stafffollowed the guidance that was available—including an Office of Legal
Counsel opinion that explained that section 10(b)'s disclosure requirement did not apply to
"material [that] was not used by the committee as a whole" — and therefore reasonably believed
that documents prepared by individual members did not need to be released pursuant to section
10(b) until they had been shared with the Commission. Mem.for Ass't Att'y Gen., Office of
Legal Policy, from John 0. McGinnis, Dep'y Ass't Att'y Gen., Office of Legal Counsel,
Disclosure of Advisory Committee Deliberative Materials, 12 U.S. Op. Off. Legal Counsel 73,
76(1988). The Commission's representation, which quoted the language of FACA,was
informed by these interpretations.
Ifthe Commission staff erred, they did so because of a good-faith error in their legal
interpretation; and defendants sincerely apologize to the Court and to the plaintifffor the

17-2361-A-006317

 Case 1:17-cv-01354-CKK Document 27 Filed 08/28/17 Page 3 of 17

confusion over document disclosures with respect to the July 19 meeting. There was not then,
and there is not now, any intent to deceive or mislead the Court or the plaintiff. The Commission
fully intends to comply with FACA section 10(b)and its representations to this Court, and
believes it has done so to date.
If the Court concludes that defendants' legal interpretation was wrong, the remedy would
be for the Court to clarify the scope ofthe Commission's responsibilities moving forward and to
order the disclosure of any section 10(b)documents used and discussed at the July 19 meeting
(all of which the Commission believes have been released). This is a legal dispute where the
relevant facts are not in dispute. But the discovery plan plaintiff submitted to this Court extends
far beyond the narrow legal issue about the timing of document disclosure pursuant to FACA
section 10(b), and instead seeks expedited merits discovery unrelated to the Commission's
representations about the July 19 meeting. This discovery is inappropriate and should be
rejected.
Plaintiff's discovery plan seeks broad and expedited merits discovery on the
Commission's general document practices (including those unrelated to either the July 19 or the
upcoming September 12 meeting), the role ofthe General Services Administration, and the
Commission's activities writ large, all prior to the time by which defendants are due to respond
to the complaint. And plaintiff seeks that discovery through multiple forms, including
interrogatories and requests for document production, personal testimony from the
Commission's Designated Federal Officer and Vice Chair and Rule 30(b)(6) depositions — all to
be completed within approximately three weeks of this Court's hearing, and for some of the
proposed discovery, much sooner. This plan does not comport either with this Circuit's
recognition that expedited discovery in advance of a Rule 26(f)conference be subject to a

2
17-2361-A-006318

 Case 1:17-cv-01354-CKK Document 27 Filed 08/28/17 Page 4 of 17

"stringent standard," In re Fannie Mae Deny. Litig., 227 F.R.D. 142, 142-43(D.D.C. 2005), or
the Supreme Court's admonition that discovery requests directed to committees that"give advice
and make recommendations to the President" be subject to "special considerations," Cheney V.
US. Dist. Cr for D.C., 542 U.S. 367, 383(2004).
Defendants do not believe fact discovery is appropriate for what is primarily a legal
dispute about the timing ofthe release of documents pursuant to FACA section 10(b).
Nonetheless, should this Court order expedited discovery, such discovery should be limited to
written discovery related to documents produced for or at the July 19 meeting. Defendants
respectfully ask that this Court reject plaintiff's overbroad attempt to conduct extensive merits
discovery well in advance of defendants' filing oftheir responsive pleading and the Rule 26(f)
conference.
STANDARD OF REVIEW
While Federal Rule of Civil Procedure 26 does not explicitly provide a standard for when
expedited discovery is appropriate, in this Circuit"[Ole limited case law that discusses expedited
discovery, however, reveals two common judicial approaches." In re Fannie Mae,227 F.R.D. at
142. The first approach "require[s] the plaintiff to demonstrate(1)irreparable injury,(2)some
probability of success on the merits,(3)some connection between the expedited discovery and
the avoidance ofthe irreparable injury, and(4)some evidence that the injury that will result
without expedited discovery looms greater than the injury that the defendant will suffer if the
expedited relief is granted." In re Fannie Mae,227 F.R.D. at 142-43 (citing Notaro v. Koch,95
F.R.D. 403,405(S.D.N.Y. 1982)). This approach, called the Notaro test, has been adopted by
courts in this District. See id.; see also Landwehr v. F.D.I.C., 282 F.R.D. 1,4(D.D.C. 2010);
Humane Soc'y ofUS. v. Amazon.com,Inc., No. 07-cv-623 (C1(1(), 2007 WL 1297170, at *2

3
17-2361-A-006319

 Case 1:17-cv-01354-CKK Document 27 Filed 08/28/17 Page 5 of 17

(D.D.C. May 1, 2007). Other courts have used a reasonableness test," which looks to "(1)
whether a preliminary injunction is pending;(2)the breadth ofthe discovery requests;(3)the
purpose for requesting the expedited discovery;(4)the burden on the defendants to comply with
the requests; and (5)how far in advance of the typical discovery process the request was made."
In re Fannie Mae,227 F.R.D. at 143. This standard has been employed "particularly in cases
[where]the expedited discovery is related to a motion for a preliminary injunction," Disability
Rights Council ofGreater Wash. v. Wash. Metro. Area Transit Auth., 234 F.R.D. 4,6(D.D.C.
2006); see also Guttenberg v. Emery,26 F. Supp. 2d 88, 97-98(D.D.C. 2014). Furthermore,
when discovery is to be propounded on officials who serve on a committee that "give[s] advice
and make[s] recommendations to the President," as here,"special considerations control,"
Cheney, 542 U.S. at 385, in particular, the admonition that discovery be narrowly tailored
ARGUMENT
PlaintfsI.
merits discovery plan does not meet the standards for expedited
discovery.
While defendants do not dispute that this Court has the inherent power to evaluate
representations made to it, see, e.g., Webb v. District ofColumbia, 146 F.3d 964, 971 (D.C. Cir.
1998), plaintiff's proposed discovery plan does not seek to test these representations, but instead
propounds broad merits discovery unrelated to the instant dispute. Plaintiff therefore must show
that its plan meets the standards for expedited discovery, but it has not done so.
To begin, plaintiff's plan fails under the Notaro standard, which requires at a minimum a
showing both ofirreparable injury and a connection between the expedited discovery and the
avoidance ofthat injury to justify discovery before a Rule 26(f)conference. See In re Fannie
Mae,227 F.R.D., at 142. Plaintiff does not identify a proposed irreparable injury. To the extent
there is one, it presumably would be if the Commission did not provide "access to the relevant
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[section 10(b)] materials before or at the meeting at which the materials are used and discussed."
Food Chem. News,980 F 2d at 1472 But this is ultimately a legal question about whether
materials shared by one Commissioner with the full Commission membership for the first time at
a meeting need be disclosed before the meeting; it is not a factual question benefiting from
discovery, much less expedited discovery. In any event, the proposed discovery — much of
which focuses on the Commission's activities writ large,see Proposed Discovery Plan at 2-4,
does not address this issue. See, e.g., Landwehr, 282 F.R.D. at 4(concluding that plaintiffs have
not satisfied the Notaro test when they "have failed to identify any irreparable injury they will
suffer absent expedited discovery."); Humane Soc'y of U.S., 2007'WL 129170, at *2
("Defendant Marburger never demonstrates what harm, let alone irreparable harm, would befall
Defendant Marburger in waiting to depose Ms. Wisor until after a discovery schedule is in
place:).
Nor does plaintiff's proposed plan comport with the "reasonableness test" for expedited
discovery. Disability Rights Council, 234 F.R.D. at 6. As an initial matter, this test is
particularly employed "in cases where the expedited discovery is related to a motion for a
preliminary injunction," id, which is not the case here. But even ifthis test does apply, plaintiff
has not shown that it is satisfied. The first factor is "whether a preliminary injunction is
pending." In re Fannie Mae,227 F.R.D. at 143. It is not. The second factor is "the breadth of
the discovery requests." Id. As will be discussed further, these requests are overbroad. Instead
of merely requesting limited written discovery, plaintiff requests five separate categories of
documents, an unknown number ofinterrogatories covering those topics, at least one Rule
30(b)(6) deposition on these topics, two fact depositions, including one ofthe Commission's
Vice Chair, and a "Vaughn" index; all to be completed by September 22. This request stands in

5
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stark contrast to courts' recognition that requiring even a single expedited deposition can be
unreasonable. E.g., Humane Soc'y of US., 2007 WL 1297170, at *3.
The third factor is the purpose for the requested discovery. In their original motion, the
plaintiff suggests the purpose of discovery is whether "Defendants. . . abide[d] by their
representations to the Court" with respect to section 10(b) documents discussed at the July 19
meeting. See ECF No. 21-1, at 1. Plaintiff now mainly forestalls those topics, and instead seeks
discovery on a much broader array of"jurisdictional and core merits issues." Proposed
Discovery Plan,ECF No. 26, at 2. But the purpose of expedited discovery — particularly
expedited discovery in advance of a responsive pleading — is not to test the merits ofthe
plaintiff's argument. See Guttenberg, 26 F. Supp. 3d at 99(rejecting, under the reasonableness
test, a request for expedited discovery where "plaintiffs' discovery requests go to the merits of
the dispute.").
The fourth factor courts consider is "the burden on the defendants to comply with the
requests." In re Fannie Mae,227 F.R.D. at 143. As discussed above, plaintiff requests a
"Vaughn index" that would include all communications by Commission members and staff since
May 11, 2017, a date near six weeks prior to the filing ofthe Commission's charter, regardless of
subject, by September 5, 2017(three working days after the Court holds a hearing on the motion,
and the day after Labor Day). It requests Rule 30(b)(6) depositions by September 6, 2017
covering five broad topics, presumably of an individual who would also have been working in
preparing the Vaughn index, and potentially also an employee of GSA,both of whom would
require time to prepare adequately. It seeks substantive responses to interrogatories and requests
for documents by September 15, 2017(halfthe time to respond that is provided by the Federal
Rules,see Fed. R. Civ. P. 33(b)(2)); Fed. R. Civ. P. 32(b)(2)). And finally, it seeks fact

6
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depositions of Mr. Kossack and Vice Chair Kobach, again on a host of subjects, by September
22, 2017. Such requests would place a tremendous burden on the Commission and its staff.
Finally, the proposed discovery comes "far in advance ofthe typical discovery process."
In re Fannie Mae,227 F.R.D. at 143. Defendants' responsive pleading, including its anticipated
Motion to Dismiss under Rule 12, is not due until September 11, 2017 — nearly a week after the
first discovery request would be due. Courts have repeatedly recognized that expedited
discovery filed even after motion-to-dismiss briefing has concluded is premature. See
Guttenberg,26 F. Supp. 3d at 99("At the very least, reasonableness dictates that the Court
consider defendants' motion to dismiss before requiring extensive and expensive discovery");
Landwher,282 F.R.D. at 4(finding motion for expedited discovery filed just after motion-todismiss briefing concluded to be premature). Here, of course, motion-to-dismiss briefing has not
yet begun. For all these reasons, plaintiff's overbroad requests for discovery are not reasonable.
II.

Plaintiffs specific requests for discovery are overbroad and unreasonable.
While plaintiff's discovery plan does not generally satisfy the standards for expedited

discovery, its specific requests are individually overbroad and unreasonable, and should
therefore be rejected.
1.

Vaughn Index

Plaintiff's expedited request for a "Vaughn index" of"all documents and other material
withheld that are responsive to the Lawyers' Committee's July 3, 2017 request for records" is
doubly inappropriate.
First, plaintiff's July 3 request is facially overbroad with respect to FACA section 10(b).
Plaintiff, in essence, filed a FOIA request asking for all materials related to the Commission, as it
seeks all email and materials sent to or from any Commission member "or any federal employee

7
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. . . providing support to the Commission." See July 3 Letter, ECF No. 1-1, at 166. But section
10(b) only requires materials that "were made available to or prepared for or by each advisory
committee shall be made available" to the public. 5 U.S.C. app 2 § 10(b). It does not include
every document related to the Commission; indeed, documents regarding staff activities or
subcommittees chaired by committee members are excluded from section 10(b)'s requirements.
See Nat'l Anti-Hunger Coalition v. Exec. Comm. ofPresident's Private Sector on Cost Control,
557 F. Supp. 524, 529(D.D.C.)("[S]urely Congress did not contemplate that interested parties
like the plaintiffs should have access to every paper through which recommendations are evolved
."), aff'd, 711 F.2d 1071 (D.C. Cir. 1983); 12 U.S. Opp. Off. Legal Counsel 73, 75(1988)
(section 10(b)does not apply to advisory material produced by staff members, staffing entities,
or subcommittees,"so long as the material was not used by the committee as a whole").
Consistent with that authority, administrative and preparatory emails are not covered by section
10(b) and need not be disclosed. Plaintiff's overbroad Vaughn request is improper on its face
and should be rejected. See Wash. LegalFound, 17 F.3d at 1452("Thus, a court should not
order a[Vaughn]index when the non-applicability ofthe [disclosure obligation] is apparent
without one.").
Second, there is no basis for a Vaughn index ofthe Commission's materials, and
particularly not in the context of expedited discovery over a Commission that hasjust begun its
operations. Vaughn indexes are not part ofFACA:instead, the Committee affirmatively
produces documents that are covered by section 10(b); those documents that do not fall within
section 10(b)are simply not produced, there is no privilege log required for documents that are
not covered by 10(b). In support of its novel theory, plaintiff relies exclusively on Washington
LegalFoundation v. US. Sentencing Commission, 17 F.3d 1446(D.C. Cir. 1994). But that case

8
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concerned a separate legal doctrine, the common law right of access, not the proper processing of
documents pursuant to FACA section 10(b). Nor, more to the point, did it involve interlocutory,
expedited discovery — it involved an order by an appellate court after a district court had ruled on
a motion for summary judgment. See id. at 1448. That allowed the court to rule based on a
developed record, not, as here, in the context of an ongoing Presidential Advisory Committee.
Plaintiff puts forth no authority that provides for a Vaughn index in the context of expedited
discovery predating a motion to dismiss, either in FACA or in the FOIA context in which it
normally occurs, and indeed, even Washington LegalFoundation recognized the burden that a
Vaughn index imposes. See id. at 1452("We are well aware that a Vaughn index requires a
significant expenditure both ofjudicial resources and ofthe parties' time and money.").
The burden is particularly strong here. The stated basis for plaintiff's motion is whether
documents introduced for the first time at the July 19 meeting needed, under section 10(b), to
have been disclosed in advance of or at the meeting. This question about the Commission's
section 10(b) obligations is a legal one. The proper mechanism for resolving it is either at the
motion to dismiss stage(to the extent plaintiff's requests are overbroad as a matter oflaw)or at
the summary judgment stage (to the extent that there may be relevant fact issues). It is not
through expedited, pre-motion to dismiss discovery of the form sought here. Nor should
expedited discovery be used as a basis to discover, at this early stage, all documents which may
eventually be disclosable under section 10(b). See Food Chem News,980 F.2d at 1472
(imposing disclosure timing obligations only on materials used at a meeting);see also AntiHunger Coal., 557 F. Supp. at 529(rejecting view that FACA plaintiffs should "have a hearing
at every step ofthe information-gathering and preliminary decision-making process"). The
propriety of disclosure can — and should — be litigated in the normal course.

9
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2.

Category One: Information regarding the Commission's record maintenance
practices.

Plaintiff's request for written discovery and the production of documents regarding the
Commission's "records maintenance practices" is also overbroad and unreasonable. As plaintiff
itself concedes,"[t]he ultimate issue remaining in this case is the scope of Defendants' disclosure
obligations under Section 10(b)." ECF No. 21, at 12. As discussed above,the question of what,
precisely, section 10(b)requires to be disclosed and, as relevant to the issue currently before the
Court, the timing ofthat disclosure is purely a legal one. The Court can resolve this legal issue
without factual information about the Commission's compliance with the preservation
obligations set forth in its charter. See Fed. R. Civ. P. 26(b)(1)("Parties may obtain discovery
regarding any nonprivileged matter that is relevant to any party's claim or defense and
proportional to the needs to the case")(emphasis added).
Further, plaintiff has not shown how expedited discovery regarding the Commission's
records maintenance practices implicates "jurisdictional and core merits issues." Proposed
Discovery Plan at 2. Two of plaintiff's claims arise under the Administrative Procedure Act
("APA"). It is well-settled that "[t]he APA . . . is not a jurisdiction-conferring statute." Trudeau
v. Fed. Trade Comm '11, 456 F.3d 178, 183(D.C. Cir. 2006). Moreover, although the "three
threshold requirements- of mandamus"are jurisdictional," Am. Hosp. Ass'n v. Burwell, 812 F.3d
183, 189(D.C. Cir. 2016); see also Order, at 2.n2,ECF No. 25,the question of whether the
Commission is violating a clear duty to act is predicated on the scope and timing of the
Commission's disclosure obligations under section 10(b)—a question oflaw, not fact. The
question oflaw should be resolved first as a prerequisite to determining what, if any, additional
factual information is required. And,to the extent plaintiff seeks discovery of the Commission's

10
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records maintenance practices for "core merits issues," it has not even attempted to justify or
otherwise demonstrate a need for such discovery at this early stage ofthe litigation.
Finally, plaintiffs reliance on Competitive Enterprise Institute ("CEI") v. Office of
Science and Technology Policy, 827 F.3d 145 (D.C. Cir. 2016), and General Records Schedule
("GRS")6.2 to justify its request for expedited discovery is misplaced. The Commission's
charter states that the Commission's records will be "maintained pursuant to the Presidential
Records Act of 1978 and FACA." Charter at 1113, available at
https://vvww.whitehouse.govisites/whitehouse.gov/files/docs/commission-charter.pdf. CE/
involves a claim brought under the Freedom ofInformation Act("FOIA")and does not address
record management issues associated with the Presidential Records Act of 1978("PRA"),44
U.S.C. §2201 et seq. See 827 F.3d at 147(observing that "[t]he basic task of a court in
adjudicating alleged wrongful withholdings under FOIA is framed under. . . [t]he Federal
Records Act. . . the Records Disposal Act" and the FOIA). Importantly, the GRS expressly does
not apply to a presidential advisory committee's records that, as here, fall under the PRA. See
GRS 6.2 at 129(If a "Presidential advisory committee's records fall under" the Federal Records
Act"you may apply this GRS." If a "Presidential advisory committee's records fall under" the
Presidential Records Act"you should request information on appropriate disposition from
NARA's Presidential Materials Division[.]"); see also 44 C.F.R. § 102-3.175(e). Plaintiff's
proposed discovery regarding the Commission's record maintenance practices should, therefore,
be denied as overbroad and unreasonable.
3.

Category Two: The existence, identification, and collection of"substantive
committee records" under GRS 6.2

As an initial matter, the only legal justification plaintiff proffers in support of its request
for interrogatories and requests for production of documents relating to the "existence of
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Commission records meeting the criteria for 'substantive committee records' is GRS 6.2.
Proposed Discovery Plan at 2-3. But, as noted above, GRS 6.2 specifically provides that it is not
applicable to a presidential advisory committee's records that fall under the PRA. Instead, the
Commission's disclosure obligations are defined in section 10(b)ofFACA,as interpreted
through this Circuit's case law. See, e.g., Anti-Hunger Coal., 557 F. Supp. at 529. Plaintiff's
Category 2 request should be denied for this reason alone.
Further, this request is overbroad and unreasonable, at least at this early stage ofthe
litigation. To begin, the applicability of GRS 6.2 to the Commission in the context ofFACA
section 10(b)is a legal question prerequisite to any discovery into what the Commission has
done with regard to these standards. Moreover, even if GRS 6.2 were applicable here, the
existence or non-existence of records that qualify as "substantive committee records" under
GRS 6.2 is, contrary to plaintiffs assertion, see Proposed Discovery Plan at 3, immaterial to
resolving the legal question that is currently before the Court—the scope and timing of the
Commission's disclosure obligations under section 10(b). Nor,for the reasons discussed above,
is this request relevant to mandamusjurisdiction. Finally, all of the documents covered by
section 10(b)that were provided to the Commission members in advance of and at the July 19
meeting have been posted to the Commission's webpage. See Second Declaration of Andrew J.
Kossack in 2, 7,ECF No. 23-1 While the parties disagree on the timing of when those
documents should have been disclosed, there is no disagreement as to whether those documents
should have been disclosed pursuant to section 10(b). Plaintiff's request, therefore, is both
overbroad and unreasonable

12
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4.

Category Three: Efforts by the Commission to identify and collect materials
to be used or discussed at the Commission's meetings.

As plaintiff notes, the factual question of what documents were released, and when,is not
in dispute. What is in dispute is a legal question regarding whether materials need to be
collected and disclosed in advance of a Commission meeting when the materials have not been
disseminated to the Commission as a whole prior to the meeting. Because this is a legal dispute,
legal clarification ofthe requirements of section 10(b)should be resolved in the first instance and
fact discovery is not relevant to the resolution ofthat question. Nevertheless, should the Court
disagree, discovery should be limited to a limited number of written interrogatories focused
solely on the Commission's efforts to identify and collect materials used or discussed at the July
19 meeting, so long as defendants have adequate time to respond.
5.

Category Four: GSA's role in providing support to the Commission.

Plaintiff seeks interrogatories and documents regarding the administrative support and
advice the General Services Administration("GSA")has provided to the Commission because
such information is "pertinent to this Court's jurisdiction under the Administrative Procedure[]
Act." Proposed Discovery Plan at 3. But, as discussed above, it is well settled that "[t]he APA .
. . is not a jurisdiction-conferring statute." Trudeau, 456 F.3d at 183. Thus,this category of
proposed fact discovery is simply not relevant as a matter oflaw to the question ofthis Court's
ability to consider plaintiff's APA claims. Plaintiff's request amounts to nothing more than a
fishing expedition and as such is overbroad and unreasonable.
6.

Category Five:"The Commission's performance of'substantial independent
functions'(if any) beyond advising the President."

Plaintiff seeks documents, interrogatories, and at least three depositions(a Rule 30(b)(6)
deposition, a deposition of Andrew Kossack, and a deposition of Vice Chair Kobach)regarding

13
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the Commission's activities and duties. This discovery is overbroad and irrelevant, particularly
at this time, even in the context ofthe reasons for which plaintiff seeks discovery. As an initial
note, plaintiff claims that this category is "relevant to this Court's jurisdiction under the APA."
But the D.C. Circuit has explicitly recognized that "the APA does not confer jurisdiction,"
Trudeau, 456 F.3d at 185, and so this basis is inadequate as a matter oflaw. Nor,in any event,
does this information have any basis on "determining the Commission's compliance with its
obligations under FACA." Proposed Discovery Plan at 6. Those obligations are defined, of
course, by FACA,not the APA,and whether the Commission is an "agency" for purposes ofthe
APA (and it is not)is not relevant to the limited question ofFACA disclosure requirements
(which,in any event, would provide the substantive basis for any APA action, even if the APA
did apply). Moreover, if plaintiff does intend to argue that the APA does apply in response to
defendants' legal arguments that it does not, the proper time for discovery, if at all, would be
after the resolution of defendants' motion to dismiss. See Guttenberg, 26 F.3d at 99("At the
very least, reasonableness dictates that the Court consider defendants' motion to dismiss before
requiring extensive and expensive discovery.").
III.

If there is to be discovery — and there is no basis for it — it should be in writing
and narrowly tailored to the Commission's immediate obligations.
Finally, if this Court does order expedited discovery — and, as discussed above, there is

no basis to do so — such discovery should be in writing and narrowly tailored to illuminate any
factual questions necessary to resolve legal issues about the Commission's immediate
obligations, i.e., that "whenever practicable, parties have access to the relevant [section 10(b)]
materials before or at the meeting at which the materials are used and discussed." Food Chem.
News,980 F.2d at 1472. Broad discovery covering the entire scope ofthe litigation is not

14
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appropriate at this early stage, and depending on the disposition ofthe defendants' forthcoming
motion to dismiss, may not be appropriate at all.
That is particularly true in this context. The Supreme Court has cautioned that where
"discovery requests are directed to the Vice President and other senior Government officials who
serve on a [committee]to give advice and make recommendations to the President," "special
considerations control," and the court should be reluctant to approve "overly broad discovery
requests." Cheney, 542 U.S. at 385-86. The proposed discovery requests — which seek
deposition testimony from the Vice Chair ofthe Commission and the Commission's Designated
Federal Officer(himself an attorney in the Office ofthe Vice President)and documents,
interrogatories, and Rule 30(b)(6)depositions from a Commission located within the Office of
the Vice President — do not comport with this direction.
Indeed, here, plaintiff seeks unspecified discovery requests about the Commission's
record maintenance practices(Category 1 and 3), the existence of a broad range of records
(which may not even be subject to FACA section 10(b))(Category 2 and Vaughn),the role of the
GSA writ large (Category 4), and indeed, the full range of past, present, and potential activities
ofthe Commission (Category 5). And it seeks to gather that information using the full range of
discovery tools, written and oral, and to do so within an extraordinarily short time period. This is
not"precisely identified and specifically enumerated" discovery requests, but are requests that
"ask for everything under the sun" and are therefore inappropriate under Cheney. 542 U.S. at
387;see also id at 387-88 (identifying overbroad discovery requests). Moreover, plaintiff also
seeks to depose members ofthe Vice President's staff and the Commission Co-Chair — even the
overbroad discovery in Cheney did not go so far.

15
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Consistent with Cheney's direction, any discovery in this case should be limited and
narrowly tailored — and plaintiffs proposed discovery plan is not.
CONCLUSION
For the foregoing reasons, plaintiffs proposed discovery plan should be denied.

Dated: August 28, 2017

Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
Civil Division
ELIZABETH J. SHAPIRO
Deputy Director
/s/Joseph E. Borson
CAROL FEDERIGHI
Senior Trial Counsel
JOSEPH E. BORSON
KRISTINA A. WOLFE
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, DC 20044
Phone:(202)514-1944
Email:joseph.borson@usdoj.gov
Counselfor Defendants

16
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 Case 1:17-cv-01354-CKK Document 25 Filed 08/18/17 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

LAWYERS'COMMITTEE FOR
CIVIL RIGHTS UNDER
LAW,
Plaint
Civil Action No. 17-1354(CKK)

V.
PRESIDENTIAL ADVISORY
COMMISSION ON ELECTION
INTEGRITY,etal.,
Defendants.

ORDER
(August 18, 2017)
The Court has received Plaintiff's[21]Motion for a Status Conference,For Limited
Expedited Discovery, and for Appropriate Relief Based on Defendants' Failure to Honor
Commitments to the Court to Produce Relevant Records Prior to July 19 Commission
Meeting ("Discovery Mot."). That Motion alleges that Defendants have failed to abide by
their representations to the Court, made in the context ofthe parties' briefing on Plaintiff's
[3] Motion for a Temporary Restraining Order and Preliminary Injunction, which was
denied by Memorandum Opinion dated July 18, 2017. Lawyers'Comm.for Civil Rights
Under Law v. PresidentialAdvisory Comm 'n on Election Integrity, --- F. Supp. 3d ---, No.
CV 17-1354(CKK),2017 WL 3028832(D.D.C. July 18, 2017). In particular, Defendants
represented that: (i) "[b]ecause the July 19 meeting is an initial meeting where the
commissioners will introduce themselves and discuss the general direction of the
Commission's work, there are few documents that pertain to the meeting; and (ii)"other
documents that are prepared for or by the Commission will be posted to the Commission's
webpage prior to the meeting, and by July 14 if possible." Dee!. of Andrew J. Kossack,
ECF No. 15-1 ("Kossack Decl."), ¶ 10.
In the pending motion, Plaintiff alleges that a variety of documents prepared for
and discussed during the July 19 meeting were not disclosed to the public prior to or at the
meeting. These include the prepared remarks delivered by Commission members and
certain documents created by the Heritage Foundation. Discovery Mot. at 4. Defendants
respond that these documents were not posted before the July 19 meeting "because the
individual members had not submitted them to the full Commission membership before
the meeting began." Defs.' Mem. in Opp'n,ECF No. 23, at 1. Defendants' position, if the
Court understands it correctly, is that documents undeniably prepared for a specific
meeting of the Commission, need not be disclosed prior to or at the meeting because the
individual Commission members who prepared those documents had not yet disclosed
them to the Commission. This strikes the Court as an incredible interpretation of both
Defendants' prior representations to the Court, made under penalty of perjury, and of the

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 Case 1:17-cv-01354-CKK Document 25 Filed 08/18/17 Page 2 of 2

law.
Defendants previously represented that documents prepared for the Commission
would be disclosed prior to the July 19 meeting, without the qualification presently being
advanced. Furthermore, nothing in the law ofthis circuit excuses the disclosure of materials
prepared for an advisory committee meeting simply because they are prepared by an
individual committee member. Section 10(b) of FACA requires the disclosure of
"documents which were made available to or preparedfor or by [the] advisory committee
. . ." (Emphasis added.) Food Chemical states unequivocally that "it is essential that,
whenever practicable, parties have access to the relevant materials before or at the meeting
at which the materials are used and discussed." Food Chem. News v. Dep't ofHealth &
Human Servs., 980 F.2d 1468, 1472 D.C. Cir. 1992).
A hearing on the pending motion shall be held on Wednesday,August 30,2017 at
10:00 A.M. Government counsel shall be prepared to discuss the Commission's nondisclosure of materials prior to the July 19 meeting, including: (i) what efforts were taken
to inform Commission members of their disclosure obligations; and (ii) what steps were
taken by the Commission to determine the universe of materials that were prepared for the
Commission in advance of the July 19 meeting. In addition, By August 24,2017, at 5:00
P.M. EST,Plaintiff shall submit a proposed discovery plan, detailing the discovery that it
seeks, providing a timetable for obtaining that discovery, and providing additional legal
support for those requests, as necessary.' By August 28, 2017, at 5:00 P.M. EST,
Defendants may file a reply to the proposed discovery plan.
SO ORDERED.
Dated: August 18, 2017
Is/
COLLEEN KOLLAR-KO'TELLY
United States District Judge

'Defendants raise concerns regarding this Court's subject-matterjurisdiction in relation to
the pending discovery requests. See Defs.' Mem.in Opp'n at 15-18. In this case, however,
merits discovery may become intertwined with issues regarding the Court's subject-matter
jurisdiction, as one of the elements of mandamus jurisdiction is whether "the government
agency or official is violating a clear duty to act . . . ." Am. Hosp. Ass'ii v. Burwell, 812
F.3d 183, 189(D.C. Cir. 2016). Accordingly, to the extent merits discovery is premature,
jurisdictional discovery may nonetheless be appropriate.

17-2361-A-006334

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER
LAW,
Plaintiff,

Docket No. 1:17-cv-01354-CKK

V.
Electronically Filed
PRESIDENTIAL ADVISORY COMMISSION ON
ELECTION INTEGRITY;GENERAL SERVICES
ADMINISTRATION,et al.,
Defendants.

PLAINTIFF LAWYERS'COMMITTEE FOR CIVIL RIGHTS UNDER LAW'S
PROPOSED DISCOVERY PLAN

17-2361-A-006335

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 2 of 8

Pursuant to this Court's August 18, 2017 Order, the Lawyers' Committee for Civil Rights
Under Law (the "Lawyers' Committee") hereby submits its proposed plan for expedited
discovery from the Presidential Advisory Commission on Election Integrity (the "Commission").
I.

Vaughn Index
The Lawyers' Committee reiterates its request that Defendants produce a Vaughn index

of all documents and other materials withheld that are responsive to the Lawyers' Committee's
July 3,2017 request for records. As detailed in the Lawyers' Committee's motion for expedited
discovery, the D.C. Circuit's decision in Washington LegalFoundation v. U.S. Sentencing
Commission, 17 F.3d 1446 D.C. Cir. 1994), is on-point precedent endorsing the use of a Vaughn
index, outside ofthe FOIA context, to provide clarity as to "precisely what records [are] at issue"
in this case. Id. at 1452. The index will substantially aid the Court in evaluating whether the
records listed are subject to Section 10(b) of FACA. Given Defendants' mutable explanations of
their conduct and interpretations oftheir responsibilities, it is important that the Lawyers'
Committee and Court be able to see precisely what records exist and are at issue, rather than
having to rely on Defendants' generalizations.'

The Vaughn index will reveal,for example, whether there are substantive communications or documents
being exchanged between only a subset ofcommissioners. While the Lawyers' Committee believes that
such communications and documents are clearly subject to disclosure under Section 10(b)and D.C.
Circuit precedent, Defendants have argued that such materials are not subject to Section 10(b) because
they have not been shared with all commissioners. There is strong reason to believe such materials exist.
In recent news accounts,the Commission's Democratic members have reported that they have received
no communications related to the Commission since the July 19 meeting and thus have not been involved
in any way in the Commission's work. See Kira Lerner,Democrats on Trump's voting commission iced
out since last meeting, Think Progress, Aug. 22,2017,https://thinkprogress.org/democrats-votingcommission-ceec3ea98a33/.

1

17-2361-A-006336

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 3 of 8

IL

Interrogatories and Requests for Production of Documents
The Lawyers' Committee also seeks to serve a limited number ofinterrogatories and

requests for productions of documents(RFPs)narrowly targeted atjurisdictional and core merits
issues:2
• Category 1: The Commission's records maintenance practices, including technical,
administrative, and other steps taken to preserve Commission communications and other
materials, guidance provided to Commission members and staff regarding records
preservation obligations, and efforts to identify and retrieve Commission communications
(if any)and other materials outside of official government systems.
Legal Justifications: Under the Commission's charter,"Nile records ofthe
Commission" must be "maintained pursuant to the Presidential Records Act of 1978 and
FACA." ECF No. 1-1 Ex. H. The Presidential Records Act requires that all
"documentary materials," including electronic communications, that are "created or
received" by Commission members or staff and that "relate to or have an effect upon"
their official duties must be archived on official government systems. 44 U.S.C. §§
2201-03. The Lawyers' Committee believes that most or all ofthese Presidential records
are also subject to Section 10(b)ofFACA. See ECF No. 1 If 44; General Records
Schedule 6.2. The Lawyers' Committee accordingly seeks discovery regarding measures
Defendants have taken to comply with their records preservation requirements. This
discovery will explore whether communications and other materials are on non-archived
systems (e.g., in personal email accounts, texts, and instant messages), as Defendants
have an obligation to search and retrieve responsive records from such systems. See
Competitive Enter. Inst. v. Office ofSci. & Tech. Policy, 827 F.3d 145, 149-50(D.C. Cir.
2016); see also GRS 6.2 FAQ 16, ECF No. 24-2(explaining that FACA DFOs must
ensure preservation of"correspondence between committee members and others that
relate to the committee's decisions or actions"). In addition to these issues, the
Commission's compliance with PRA and FACA requirements may be relevant to
jurisdictional issues, including the appropriateness of mandamus relief.
• Category 2: The existence of Commission records meeting the criteria for "substantive
committee records" under GRS 6.2, and how the Commission has identified and collected
each category of"substantive committee records" in GRS 6.2.
Legal Justifications: As explained in the Lawyers' Committee's previous briefs, Section
10(b) ofFACA requires disclosure of all records that qualify as "substantive committee
records" under GRS 6.2. See ECF No. 16 at 15; ECF No. 24 at 3;see also GRS 6.2 FAQ
For clarity, this is a list ofissues that will be the subject of discovery requests, not the actual
interrogatories and RFPs that the Lawyers' Committee are seeking to serve.

2

2

17-2361-A-006337

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 4 of 8

17, ECF No. 24-2("Exchanges of substantive information between members regarding
the work ofthe committee or subcommittee are records that reflect the work ofthe
committee and document its thought processes."). Like the Vaughn index, information
illuminating what GRS 6.2 materials exist will aid the Court in evaluating the ultimate
merits questions regarding the scope of Defendants' obligations under Section 10(b). In
addition to these issues, the Commission's compliance with PRA and FACA
requirements may be relevant to jurisdictional issues, including the appropriateness of
mandamus relief.
• Category 3: Efforts by the Commission to identify and collect all materials to be used or
discussed at the Commission's meetings.
Legal Justifications: D.C. Circuit precedent requires the Commission to disclose, before
or at its meetings, any documents that will be used or discussed at the meetings. Food
Chem. News v. Dep't ofHealth & Human Servs., 980 F.2d 1468, 1472(D.C. Cir. 1992).
It is undisputed that Defendants did not disclose such records in advance ofthe
Commission's July 19, 2017 meeting. It is important to determine how Defendants
interpret and implement their obligation to identify and collect the materials that
commissioners used or discussed at the July 19 meeting and that will be used and
discussed at future meetings. In addition to these issues, the sufficiency ofthe
Commission's efforts may be relevant to jurisdictional issues, including the
appropriateness of mandamus relief.
• Category 4: The role ofthe General Services Administration(GSA)in providing support
to the Commission,including GSA's role in scheduling Commission meetings and in
managing and advising on the Commission's obligations regarding disclosure of records.
Legal Justifications: This category is pertinent to this Court's jurisdiction under the
Administrative Procedures Act(APA). As explained in the Lawyers' Committee's
briefs, GSA has taken a role in organizing and scheduling the Commission's meetings,
and in instructing the Commission on their records obligations. ECF No. 24 at 15-16.
For instance, GSA delivered a presentation to the Commission on July 19, 2017 titled
"GSA FACA Overview" that includes slides on permissible communications between
commissioners and "transparency" and records requirements.' It will be highly relevant
to know which officials from GSA prepared and delivered this presentation and any
elaboration they offered on the Commission's records obligations during the presentation
or at other times.
• Category 5: The Commission's performance of"substantial independent functions"(if
any) beyond advising the President.

3 See https://www.whitehouse.govisites/whitehouse.gov/files/docs/PACEI-GSA-FACA-Overview.pdf
(slides 11 and 22).

3

17-2361-A-006338

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 5 of 8

Legal Justifications: This category is also relevant to this Court's jurisdiction under the
APA. This Court held in the EPIC case that"[t]he record presently before the Court
[was]insufficient to demonstrate that the Commission is an 'agency' for purposes ofthe
APA." EPIC v. Presidential Advisory Comm 'n on Election Integrity, 17-cv-01320-CKK,
ECF No. 40 at 27. The EPIC decision noted that the Commission had represented that
"no other federal agencies[were]'cooperating' with the Commission" and that the
request to states for voter data was solely to advance the Commission's "stated purpose
of producing an advisory report for the President." Id at 27-28. Subsequent
communications from the Commission have cast doubt on these representations, and
discovery will illuminate whether they were accurate. 4 If, for example, the Commission
or individual commissioners share the voter data or the related statistical analysis directly
with the Department of Justice, with state and local governments, or with private
organizations, rather than including the analysis only in a public report to the President,
that would strongly indicate that the Commission is exercising substantial independent
functions and not merely advising the President.
TEL

Requested Depositions
For the reasons set forth in the Lawyers' Committee motion,ECF No. 21-1, a custodian

ofrecords Rule 30(b)(6) deposition is an efficient mechanism to identify the existence and
location of relevant Commission documents. The Lawyers' Committee previously submitted a
list of sample Rule 30(b)(6)topics regarding the Commission's records and recordkeeping
practices(consistent with Categories 1 and 2 described above). See ECF No. 24-3.
In addition to a deposition on these topics, the Lawyers' Committee also seeks the
following discrete testimony:
• Additional 30(b)(6)testimony from the Commission regarding Categories 3-5 described
above.
• Testimony from the Designated Federal Officer, Andrew Kossack, regarding all five
categories ofinformation and materials described above. Such testimony would include
questions regarding Mr. Kossack's adherence to the guidance in GRS 6.2 FAQ 16 and
17, which instructs that"DFOs . . should maintain the official records an advisory
4Two days after the Court issued its decision in EPIC, Commission Vice Chair Kobach sent a letter to all
Secretaries of State indicating that in addition to collecting voter data,the Commission also intends to
analyze the data, including conducting a "statistical" analysis and making "other general observations that
may be drawn from the data" Ltr. from Presidential Advisory Commission on Election Integrity to The
Hon. John Merrill, July 26,2017(hereinafter "July 26 Letter"), https://tinyurl.com/yc5c7xcf.

4

17-2361-A-006339

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 6 of 8

committee creates or receives as long as the committee exists," including "records such
as correspondence between committee members and others that relate to the committee's
decisions or actions." GRS 6.2 FAQ 16, ECF No. 24-2. In the event Mr. Kossack is not
designated as the Rule 30(b)(6) witness, his personal testimony on these topics is
germane to jurisdictional and merits issues.
• Testimony from Commission Vice Chair Kobach regarding Categories 1, 2, and 5
described above. Vice Chair Kobach, as the operational leader ofthe Commission, has
unique knowledge regarding whether he or other commissioners have communicated or
kept documents regarding the Commission outside of official federal government
systems, the existence of certain types of records(such as any documents relating to the
Commission that have not been shared with the full Commission), and whether the
Commission's anticipated activities extend beyond providing advice to the President.
IV.

Timing
Earlier today, the Defendants announced that the next public meeting ofthe Commission

will take place on September 12 in Manchester, New Hampshire, with the public comment
period closing on September 8.5 The notice does not indicate whether the Commission will (i)
make documents relating to the meeting available before the public comment period closes or (ii)
otherwise take steps to enable meaningful public participation.
So that the Lawyers' Committee will have the opportunity, if necessary, to seek further
relieffrom the Court in advance of that meeting, the Lawyers' Committee proposes the
following schedule for discovery:
• On or by August 31,2017,the Lawyers' Committee will serve Defendants with
Interrogatories, Requests for Production of Documents, and Notices of Deposition for
Defendants' 30(b)(6) witness, Designated Federal Officer Kossack, and Vice Chair
Kobach.
• On or by September 5, 2017,Defendants will produce a Vaughn index detailing each
record currently withheld that is responsive to the Lawyers' Committee's July 3, 2017
request for records.
5 The notice provides that there will be no oral comments from the public at the meeting. See The
Presidential Commission on Election Integrity Upcoming Public Advisory Meeting(Aug. 25,2017),
available at https://s3.amazonaws.com/public-inspection.federalregister.gov/2017-17968.pdf

5

17-2361-A-006340

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 7 of 8

• On or by September 6,2017, Defendants will make available for deposition Defendants'
30(b)(6) witness(es).
The Lawyers' Committee believes that the production of the Vaughn index and 30(b)(6)
testimony will be sufficient to identify any issues warranting emergency injunctive relief.
Following that time, the Lawyers' Committee proposes the following schedule for the
completion of discovery:
• On or by September 15, 2017, Defendants will provide substantive responses to the
Interrogatories and produce documents responsive to the Requests for Production of
Documents.
• On or by September 22, 2017, the parties shall complete the depositions of Designated
Federal Officer Kossack, and Vice Chair Kobach.
CONCLUSION
This discovery narrowly targets jurisdictional issues and other information essential to
determining the Commission's compliance with its obligations under FACA. For the foregoing
reasons, the Lawyers' Committee respectfully requests that the Court approve the proposed
discovery plain set forth above.

DATED: August 24,2017

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

6

17-2361-A-006341

 Case 1:17-cv-01354-CKK Document 26 Filed 08/24/17 Page 8 of 8

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
*D.D.C. application pending

7

17-2361-A-006342

 Message
From:
Sent:
To:
CC:
Subject:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
6/23/2017 1:30:20 PM
Christian Ad
•
center.com];'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];
'Kris Kobach'
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov];'Morgan, Matthew E. EOP/OVP'
[Matthew.E.Morgan@ovp.eop.gov]
RE: draft letter requesting voter rolls

Yes, doesn't need to be done now.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Christian Adams [mailto:adams@electionlawcenter.com]
Sent: Friday, June 23, 2017 9:13 AM
To: 'Kossack, Andrew J. EOP/OVP' <Andrew.J.Kossack@ov .eo . ov>. von Spakovsky, Hans
<Hans.VonSpakovsky@heritage.org›; 'Kris Kobach'
Cc: 'Paoletta, Mark R. EOP/OVP' <Mark.R.Paoletta ovp.eop.gov›; Morgan, Matthew E. EOP/OVP'
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: draft letter requesting voter rolls
I don't disagree at all.

These are just things that are available at some point to request.

Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Thursday, June 22, 2017 7:03 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›; Kris Kobach
Adams <adams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: draft letter requesting voter rolls

Christian

Thanks to you both for the quick review. The list below is fantastic, and it's a good question about how
much we want to request at this point. I welcome all of your input on that question, but my initial
thought is to prioritize the voter roll request and ask only for it first. For many/most states, that
should be a simple request and one that they wouldn't have grounds to object to by arguing it's
burdensome or overbroad, etc. If they have to additional searches for records that aren't as readily
available, I'm concerned we'll get stonewalled for everything right out of the gate.
That said, even assuming we go that route, it's worth consideri ng how we might phase in these additional
requests, and/or selecting certain states for certain requests to maximize the response we get. Is it
worth raising the requests below for discussion with the other members at a commission meeting? If the
full commission could vote to formalize the requests, states mi ght feel more compelled to respond,
particularly if we can get the SoS members of the panel to buy in (and lead the way in their respective
states).
Those are my thoughts, but again, please feel free to disagree.
Thanks,
Andrew
Andrew J.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice President
rew.J.Kossack@ovp.eop.gov

Original Message

17-2361-A-006343

 From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Thursday, June 22, 2017 2:46 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>.; Kris Kobach
Adams <adams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: draft letter requesting voter rolls

; Christian

Andrew,
Christian and I have reviewed the letter and have no changes to suggest. However, you need to decide
whether you want to use this letter as an opportunity to request other information from state election
officials. If you wanted to expand the letter for that purpose, here are the questions/requests we have
jointly put together that we suggest you consider:
1.
Records your office obtained or received from state district court clerks, United States
District Court clerks, or other sources regarding individuals who were ineligible to serve on juries
because of a lack of American citizenship, death, or relocation out of the jurisdiction, including but
not limited to records concerning juror qualification questionnaires on which the individual that
completed the questionnaire indicated that he or she is not a United States citizen. Include subsequent
list maintenance records produced pursuant to inquiries based on this information, including all
documents that provide the name of the registrant, the voting history of such registrant, the nature and
content of any notice sent to the registrant, including the date of the notice, the response (if any) of
the registrant, and actions taken regarding the registrant's registration (if any) and the date of the
action. This request extends to electronic records capable of compilation.
2.
All communications with federal or state law enforcement agencies regarding your list
maintenance activities relating to #1, above.
3.
The number of notices sent to inactive voters since the publication of the 2014 EAC Report
including the date, scope and contents of any countywide mailing to all registered voters.
4.
Any records indicating the use of citizenship or immigration status for list maintenance
activities, including but not limited to the Systematic Alien Verification for Entitlements (SAvE)
Program database. Any other records produced in reliance on other sources of citizenship verification
data
5.
All documents and records of communication received by your office from registered voters,
legal counsel, claimed relatives, or other agents requesting a removal or cancellation from the voter
roll for any reason related to non-U.S. citizenship/ineligibility. Please include any official records
indicating corresponding maintenance actions undertaken thereafter.
6.
All documents and records of communication received by your office from registered voters,
legal counsel, claimed relatives, or other agents since requesting a removal or cancellation from the
voter roll claiming wrongful registration or no prior intent to register, regardless of eligibility.
Please include any official records indicating corresponding maintenance actions undertaken thereafter.
7.
Please describe the maintenance procedures you use to ensure the accuracy of your voter
registration list and to remove registrants who are no longer eligible due to death, felony conviction,
relocation, legally-declared mental incompetency, or any other reason.
8.
Please describe what steps are taken to verify the accuracy of the information on voter
registration applications when they are initially submitted to state election officials.
9.
Please list all other local, state or federal databases that are regularly compared or checked
against your voter registration list.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Wednesday, June 21, 2017 5:13 PM

17-2361-A-006344

 To: Kris Kobach
von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›; Christian
Adams <adamsel ecti onl awcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: draft letter requesting voter rolls
Please see the attached draft letter requesting state voter rolls. We'd welcome your candid feedback. As
you'll see, it's a work in progress as we're still sorting through some logistical/technical questions,
but we wanted to go ahead and share this to get your initial thoughts.
To minimize inbox clogging, feel free to send any comments and edits to me directly and I'll reconcile
all of them into a new version.
Feel free to call anytime if you prefer to discuss over the phone.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Viceresident
Cell:
Email: Andrew.J . ossack@ovp.eop.gov

17-2361-A-006345

 Message
From:
Sent:
To:

CC:

Subject:

Christian Adams [adams@electionlawcenter.com]
6/23/2017 1:12:55 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko];'von Spakovsky, Hans'
[Hans.VonSpakovsky@heritage.org];'Kris Kobach'
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
RE: draft letter requesting voter rolls

I don't disagree at all.

These are just things that are available at some point to request.

Original Message
From: Kossack, Andrew 3. EOP/OVP [mailto:Andrew.3.Kossack@ovp.eop.gov]
Sent: Thursday, June 22, 2017 7:03 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›; Kris Kobach <111111111111111111; Christian
Adams <adams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: draft letter requesting voter rolls
Thanks to you both for the quick review. The list below is fantastic, and it's a good question about how
much we want to request at this point. I welcome all of your input on that question, but my initial
thought is to prioritize the voter roll request and ask only for it first. For many/most states, that
should be a simple request and one that they wouldn't have grounds to object to by arguing it's
burdensome or overbroad, etc. If they have to additional searches for records that aren't as readily
available, I'm concerned we'll get stonewalled for everything right out of the gate.
That said, even assuming we go that route, it's worth considering how we might phase in these additional
requests, and/or selecting certain states for certain requests to maximize the response we get. Is it
worth raising the requests below for discussion with the other members at a commission meeting? If the
full commission could vote to formalize the requests, states might feel more compelled to respond,
particularly if we can get the SoS members of the panel to buy in (and lead the way in their respective
states).
Those are my thoughts, but again, please feel free to disagree.
Thanks,
Andrew
Andrew 3.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice President
rew.3.Kossack@ovp.eop.gov

Original Message
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Thursday, June 22, 2017 2:46 PM
To: Kossack, Andrew 3. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov›; Kris Kobach
Adams <adams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: draft letter requesting voter rolls

Christian

Andrew,
Christian and I have reviewed the letter and have no changes to suggest. However, you need to decide
whether you want to use this letter as an opportunity to request other information from state election
officials. If you wanted to expand the letter for that purpose, here are the questions/requests we have
jointly put together that we suggest you consider:
1.
Records your office obtained or received from state district court clerks, United States
District Court clerks, or other sources regarding individuals who were ineligible to serve on juries
because of a lack of American citizenship, death, or relocation out of the jurisdiction, including but

17-2361-A-006346

 not limited to records concerning juror qualification questionnaires on which the individual that
completed the questionnaire indicated that he or she is not a United States citizen. Include subsequent
list maintenance records produced pursuant to inquiries based on this information, including all
documents that provide the name of the registrant, the voting history of such registrant, the nature and
content of any notice sent to the registrant, including the date of the notice, the response (if any) of
the registrant, and actions taken regarding the registrant's registration (if any) and the date of the
action. This request extends to electronic records capable of compilation.
2.
All communications with federal or state law enforcement agencies regarding your list
maintenance activities relating to #1, above.
3.
The number of notices sent to inactive voters since the publication of the 2014 EAC Report
including the date, scope and contents of any countywide mailing to all registered voters.
4.
Any records indicating the use of citizenship or immigration status for list maintenance
activities, including but not limited to the Systematic Alien Verification for Entitlements (SAVE)
Program database. Any other records produced in reliance on other sources of citizenship verification
data
5.
All documents and records of communication received by your office from registered voters,
legal counsel, claimed relatives, or other agents requesting a removal or cancellation from the voter
roll for any reason related to non-U.S. citizenship/ineligibility. Please include any official records
indicating corresponding maintenance actions undertaken thereafter.
6.
All documents and records of communication received by your office from registered voters,
legal counsel, claimed relatives, or other agents since requesting a removal or cancellation from the
voter roll claiming wrongful registration or no prior intent to register, regardless of eligibility.
Please include any official records indicating corresponding maintenance actions undertaken thereafter.
7.
Please describe the maintenance procedures you use to ensure the accuracy of your voter
registration list and to remove registrants who are no longer eligible due to death, felony conviction,
relocation, legally-declared mental incompetency, or any other reason.
8.
Please describe what steps are taken to verify the accuracy of the information on voter
registration applications when they are initially submitted to state election officials.
9.
Please list all other local, state or federal databases that are regularly compared or checked
against your voter registration list.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp eop.gov]
Sent: Wednesday, jlaL_/1,_2L-L_I
PM
To: Kris Kobach 1111111111111111111; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›; Christian
Adams <adams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: draft letter requesting voter rolls
Please see the attached draft letter requesting state voter rolls. We'd welcome your candid feedback. As
you'll see, it's a work in progress as we're still sorting through some logistical/technical questions,
but we wanted to go ahead and share this to get your initial thoughts.
To minimize inbox clogging, feel free to send any comments and edits to me directly and I'll reconcile
all of them into a new version.
Feel free to call anytime if you prefer to discuss over the phone.
Thanks,
Andrew
Andrew J. Kossack

17-2361-A-006347

 Associate Counsel
Office of the Vice President
Cell:
Email: An rew.3.Kossack@ovp.eop.gov

17-2361-A-006348

 Message
From:
Sent:
To:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

9/5/2017 11:37:41 PM
'Kris Kobach

cwlawson@sos.in. ov;
; Christy McCormick [
• david@capitolpartnersarcom; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovsky, Hans [/O=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]; Christian
Adams[adams@electionlawcentercom]• Alan L. Kin
; matthew.dunlap@maine.gov; King,
Alan [kinga@jccal.org]; David Dunn[
CC:
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Subject:
RE: ethics reminder regarding teaching, speaking, and writing
Attachments: Agenda for Sept. 12th Meeting.pdf

Dear Members,
The agenda for next week's meeting is attached. We plan to post this publicly tomorrow. If you have any questions,
please let me know.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006349

 Presidential Advisory Commission on Election Integrity

Agenda
Second Meeting of the Presidential Advisory Commission on Election Integrity
Tuesday, September 12, 2017, 10:00 a.m. EST
New Hampshire Institute ofPolitics, Saint Anselm College
1.

Welcome Remarks — Vice Chairman Kris Kobach and Secretary Bill Gardner

2.

Panel One: Historical Election Turnout Statistics and the Effects of Election Integrity Issues on
Voter Confidence
•
•
•

Dr. Andrew Smith, Associate Professor ofPolitical Science, University of New Hampshire
Kimball Brace, President, Election Data Services, Inc.
Dr. John Lott,President, Crime Prevention Research Center and Author,Evidence of Voter Fraud and the
Impact that Regulations to Reduce Fraud Have on Voter Participation Rates(2006)
• Q&A and Discussion — All Members

3.

Panel Two: Current Election Integrity Issues Affecting Public Confidence
• Donald Palmer,Fellow, Bipartisan Policy Center
• Robert Popper, Director, Election Integrity Project, Judicial Watch
• Ken Block,President, Simpatico Software Systems
• Hans von Spakovsky Senior Legal Fellow, Heritage Foundation and Member,PACEI
• Q&A and Discussion — All Members

4.

Demonstration of Historic New Hampshire Voting Machines Still in Use Since 1892
• Thaire Bryant, Polling Place Moderator for Town of Eaton, New Hampshire
• T. Patrick Hines, Polling Place Moderator for Town of Windsor,New Hampshire
Panel Three: Electronic Voting Systems and Election Integrity — A Primer

5.
•
•
•
•

Dr. Andrew Appel,Professor of Computer Science, Princeton University
Dr. Ronald Rivest,Professor of Commuter Science, Massachusetts Institute of Technology
Hand Hursti, Co-Founder of Nordic Innovation Labs
Q&A and Discussion — All Members

6.

Discussion and Other Business - All Members

7.

Closing Remarks — Vice Chairman Kobach and Secretary Gardner

8.

Adjourn

17-2361-A-006350

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/28/2017 7:19:04 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyh]
RE: expert - highly recommended - used in several cases by attorneys whose judgment I trust

Great. Thanks again.
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.ord
Sent: Friday, July 28, 2017 2:47 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: expert - highly recommended - used in several cases by attorneys whose judgment I trust
Steven Camarota, Ph.D.
Director of Research
Center for Immigration Studies
202 466 8185
sac@cis.org

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006351

 Message
From:
Sent:
To:
CC:
Subject:

Christian Adams [adams@electionlawcenter.com]
6/26/2017 2:55:51 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];
'von Spakovsky, Hans'
[Hans.VonSpakovsky@heritage.org]
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov];'Morgan, Matthew E. EOP/OVP'
[Matthew.E.Morgan@ovp.eop.gov]
RE: Federal Clerk Info Request

Gentlemen: I made one small addition and sent my draft to Hans for his
edits, if any. He will pass it along with his edits.
One thing we have found over the years asking for this sort of information
is that sometimes the lists of names no longer exist, but data compilations
do exist. In other words, the forms getting out of jury duty no longer are
available, but a report internally saying words to the effect of "last year
we had the following excusals - Non-citizen: 230; Dead: 1,002; Moved:
3,221". These can be almost as useful as the actual forms or lists of
individuals.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sen • Monday. lurie 26, 2017 9:53 AM
Christian Adams <adams@electionlawcenter.com›; von
To:
Spakovs y, Hans <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: Federal Clerk Info Request
Attached is a draft letter requesting information from Federal clerks.
Please let me know if you have edits or suggestions.
Thank you,
Andrew
Andrew 3. Kossack
Associate Counsel
Office of the vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006352

 Message
From:
Sent:
To:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
6/26/2017 3:13:16 PM
Christian Adams [adams©electionlawcenter.com];'Kossack, Andrew J. EOP/OVP'[Andrew.J.Kossack@ovp.eop.gov];

CC:

'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov];'Morgan, Matthew E. EOP/OVP'
[Matthew.E.Morgan@ovp.eop.gov]
Subject:
RE: Federal Clerk Info Request
Attachments: federal court clerk request letter.docx

Here it is with an additional edit from me.

Hans von Spakovsky
Manager, Election Law Reform Initiative and senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Christian Adams [mailto:adams@electionlawcenter.com]
Sent: Monday, June 26, 2017 10:56 AM
To: 'Kossack, Andrew J. EOP/OVP' <Andrew.J.Kossack@ovp.eop.gov›;
von Spakovsky, Hans
<Hans.VonSpakovsky@heritage.org>
Cc: 'Paoletta, Mark R. EOP/OVP' <Mark.R.Paoletta@ovp.eop.gov›; 'Morgan, Matthew E. EOP/OVP'
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: Federal Clerk Info Request
Gentlemen: I made one small addition and sent my draft to Hans for his edits, if any.
along with his edits.

He will pass it

One thing we have found over the years asking for this sort of information is that sometimes the lists of
names no longer exist, but data compilations do exist. In other words, the forms getting out of jury
duty no longer are available, but a report internally saying words to the effect of "last year we had the
following excusals - Non-citizen: 230; Dead: 1,002; Moved:
3,221". These can be almost as useful as the actual forms or lists of individuals.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Monday, June 26, 2017 9:53 AM
To:
; Christian Adams <adams@electionlawcenter.com›; von Spakovsky, Hans
<Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: Federal Clerk Info Request
Attached is a draft letter requesting information from Federal clerks.
Please let me know if you have edits or suggestions.
Thank you,
Andrew
Andrew J. Kossack
Associate Counsel
Office f th Virp President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006353

 Dear

RK]

I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11, 2017
("Order"). The Commission is charged with studying the registration and voting processes used
in Federal elections and making recommendations to the President ofthe United States that will
increase the American people's confidence in the integrity of Fedval elections processes.
Pursuant to subsection 7(b)of the Order,"[r]elevant executive departments and agencies shall
endeavor to cooperate with the Commission."
To support the Commission's work,I am requestinANlist of all individuals determined to be
ineligible or who were otherwise excused from Federal jury duty in your district due to death,
relocation outside ofthe jurisdiction, felony Ali., ion, or lack of citizenship. For each of the
previous four(4)calendar years (2013-2016),i;i0sF list the names of all such individuals, any
addresses or other identifying information, and the reason forliky duty ineligibility.
113111h,,,olji I v
1111110
If you do not have a list ofindividuals, we are requesfinit ;u datacompilations, summaries or
other documents describing the extent of indi'i.'iduals excused for jury duty under the
circumstances desciibed. Additionally. please identify the sources used by you to obtain the
names ofpotential jurors,,,,,
AMMINE„
111111113

You may submit this information electronically to[ HYPERLINK*,,
urnailto:ElectionIntegrityStaff@ovp.eop.gov" ]. If you have any questions, please contact
Commission staff at the same email address. We would appreciate receiving your response by
do
11illiiillh,
,,
11111111111111111111
1 1
m.
These records will be
ffilined pursuant to the Presidential
Records Act of 1978. The records
of informing the Commission's work under Executive Order
will be used solely for pu
13799, and no ersonally ide
able information will be released publicly.
li
Thank you for y r ssistance
this request.
1
Sincerely,

Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006354

 Message
From:
Sent:
To:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
6/26/2017 3:13:16 PM
Christian Adams [adams@electionlawcenter.com]; Kossack, Andrew J. EOP/OVP [/o=Exchange
Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko];
CC:
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
Subject:
RE: Federal Clerk Info Request
Attachments: federal court clerk request letter.docx

Here it is with an additional edit from me.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207

heritage.org
Original Message
From: Christian Adams [mailto:adams@electionlawcenter.com]
Sent: Monday, June 26, 2017 10:56 AM
To: 'Kossack, Andrew J. EOP/OVP' <Andrew.J.Kossack@ovp.eop.gov›;
; von Spakovsky, Hans
<Hans.VonSpakovsky@heritage.org>
Cc: 'Paoletta, Mark R. EOP/OVP' <Mark.R.Paoletta@ovp.eop.gov›; 'Morgan, Matthew E. EOP/OVP'
<Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: Federal Clerk Info Request
Gentlemen: I made one small addition and sent my draft to Hans for his edits, if any.

He will pass it

along with his edits.
One thing we have found over the years asking for this sort of information is that sometimes the lists of
names no longer exist, but data compilations do exist. In other words, the forms getting out of jury
duty no longer are available, but a report internally saying words to the effect of "last year we had the
following excusals - Non-citizen: 230; Dead: 1,002; Moved:
3,221". These can be almost as useful as the actual forms or lists of individuals.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Monday, June 26, 2017 9:53 AM
To:
; Christian Adams <adams@electionlawcenter.com›; von Spakovsky, Hans
<Hans.VonSpa ovs y eritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: Federal Clerk Info Request

Attached is a draft letter requesting information from Federal clerks.
Please let me know if you have edits or suggestions.
Thank you,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice president
Cell:
Email: Andrew.3.Kossack@ovp.eop.gov

17-2361-A-006355

 

Dear

RK]

I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11, 2017
("Order"). The Commission is charged with studying the registration and voting processes used
in Federal elections and making recommendations to the President ofthe United States that will
increase the American people's confidence in the integrity of Fedval elections processes.
Pursuant to subsection 7(b)of the Order,"[r]elevant executive departments and agencies shall
endeavor to cooperate with the Commission."
To support the Commission's work,I am requestinANlist of all individuals determined to be
ineligible or who were otherwise excused from Federal jury duty in your district due to death,
relocation outside ofthe jurisdiction, felony Ali., ion, or lack of citizenship. For each of the
previous four(4)calendar years (2013-2016),i;i0sF list the names of all such individuals, any
addresses or other identifying information, and the reason forliky duty ineligibility.
113111h,,,olji I v
1111110
If you do not have a list ofindividuals, we are requesfinit ;u datacompilations, summaries or
other documents describing the extent of indi'i.'iduals excused for jury duty under the
circumstances desciibed. Additionally. please identify the sources used by you to obtain the
names ofpotential jurors,,,,,
AMMINE„
111111113

You may submit this information electronically to[ HYPERLINK*,,
urnailto:ElectionIntegrityStaff@ovp.eop.gov" ]. If you have any questions, please contact
Commission staff at the same email address. We would appreciate receiving your response by
do
11illiiillh,
,,
11111111111111111111
1 1
m.
These records will be
ffilined pursuant to the Presidential
Records Act of 1978. The records
of informing the Commission's work under Executive Order
will be used solely for pu
13799, and no ersonally ide
able information will be released publicly.
li
Thank you for y r ssistance
this request.
1
Sincerely,

Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006357

 Message
From:
Sent:
To:

Kris Kobach
6/28/2017 2:59:25 AM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
CC:
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
Subject:
RE: final drafts
Attachments: Clerk Request Letter - FINAL.docx; Generalized SoS Request - FINAL.docx

I had a really minor correction (lower case f) on the clerk letter.
On the SOS general letter, I revised the questions again. I don't think
voter intimidation should be listed before voter fraud. That is a secondary
or tertiary concern of the commission. Al so the first question suggested
that the federal government should be making changes in election
procedures.... something many Republicans (including me) regard to be
potentially unconstitutional. I rephrased it as what changes to federal
laws concerning elections would you like to see. Then it does not seem as
if we are asking for an invitation for new federal mandates.
With these changes it's good to go.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 27, 2017 5:52 PM
To: Kris Kobach
Cc: Paoletta, Malril!!!!!...R.Paoletta@ovp.eop.gov>; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: final drafts
Kri 5,
Please see the attached. If you're good with these, we'll get them finalized
and ready to go out tomorrow.
Thanks,
Andrew
Andrew J.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice president
rew.3

ossack@ovp.eop.gov

17-2361-A-006358

 [ EMBED AcroExch.Document.11 ]

June 28, 2017

ADDRESS
ADDRESS
ADDRESS
ADDRESS
Dear[INSERT FEDERAL CLERK]
I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11, 2017
("Order"). The Commission is charged with studying the registration and voting processes used
in federal elections and submitting a report to the President ofthe United States that identifies
laws, rules, policies, activities, strategies, and practices that enhance or undermine the American
people's confidence in the integrity offederal elections processes.
To support the Commission's work,I am requesting a list of all individuals determined to be
ineligible or who were otherwise excused from iFederal jury duty in your district due to death,
relocation outside ofthe jurisdiction, felony conviction, or lack of United States citizenship. For
each year from 2006 onward, please list the names of all such individuals, any addresses or other
identifying information associated with each individual, and the reason for jury duty ineligibility.
If you do not maintain a list of such individuals, we are requesting copies of documents that
provide information regarding individuals seeking to be excused from jury duty, and any data
compilations, summaries or other documents describing the extent ofindividuals excused for
jury duty under the circumstances described above. Additionally, please identify the sources
used by your office to obtain the names of potential jurors.
You may submit this information electronically to[HYPERLINK
"mailto:ElectionintegrityStaff@ovp.eop.gov" 1, or via the Safe Access File Exchange("SAFE"),
which is a secure FTP site the federal government uses for transferring large data files. You can
access the SAFE site at[ HYPERLINK "https://safe.amrdec.army.mil/safe/Welcome.aspx"]. If you
have any questions, please contact Commission staff at the same email address. We would
appreciate receiving your response by July 14, 2017.
These records will be maintained pursuant to the Presidential Records Act of 1978. The records
will be used solely for purposes of informing the Commission's work under Executive Order
13799, and no personally identifiable information will be released to the public.
Thank you for your assistance in fulfilling this request.

Sincerely,

17-2361-A-006359

 Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006360

 [ EMBED AcroExch.Docurnent.11 I

June 28,2017

ADDRESS
ADDRESS
ADDRESS
ADDRESS
Dear ,[cliT,FF„STA,TE ELECTION„OffICM},
I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11,2017
("Order"). The Commission is charged with studying the registration and voting processes used
in federal elections and submitting a report to the President of the United States that identifies
laws,rules, policies, activities, strategies, and practices that enhance or undeimine the Ameiican
people's confidence in the integiity offederal elections processes.
As the Commission begins it work,I invite you to contribute your views and recommendations
throughout this process. In particular:
1. What changes,if any, to federal
lection laws
would you recommend to enhance the integrity offederal elections?
2. How can the Commission support state and local election administrators with regard to
information technology security and vulnerabilities?
"
3. What laws,policies,or other issues
hinder your ability to ensure the integrity of elections you administer?
:

disfranchisement?
-What evidence or information do you have regarding instances of voter fraud or
registration fraud in your state?
5. What convictions for election-related crimes have occurred in your state since the
November 2000 federal election?
6. What recommendations do you have for preventing voter intimidation or
disenfranchisement?
7. What other issues do you believe the Commission should consider?

Formatted: Indent: Before: 0.5, No
bullets or numbering

On behalf of my fellow commissioners, I also want to acknowledge your important leadership
role in administering the elections within your state, and the importance of state-level authority
in our federalist system. It is crucial for the Commission to consider your input as it collects data
and identifies areas of opportunity to increase the integrity of our election systems.
You may submit your feedback electronically to[HYPERLINK
"mailto:ElectionIntegrityStaff@ovp.eop.gov" I. We would appreciate a response by July 14, 2017.
Please be aware that any documents that are submitted to the full Commission will also be made

17-2361-A-006361

 available to the public. If you have any questions, please contact Commission staff at the same
email address.
I look forward to hearing from you and working with you in the months ahead.
Sincerely,

Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006362

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
6/28/2017 2:22:19 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]
RE: final versions of letters

One related issue: our comms team is concerned about including a specific request for party
identification in the letters. Do we have to call that element out specifically?
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: WednesdaV, June 28, 2017 9:50 AM
"
To:
<11
,
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: FW: final versions of letters
Attached are a few examples of the letters in finalized/signed form. Please take a look and let me know
if you have any comments or concerns about salutations, format, etc.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Schilb, Veronica J. EOP/OVP (Intern)
Sent: Wednesday, June 28, 2017 9:48 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: final versions of letters
Here are examples of the different letters. Let me know if anyone has any edits to how they are
addressed. Shouldn't be too hard to get these finalized and sent out once we have the green light.
Thanks!
Veronica

17-2361-A-006363

 Message
From:
Sent:
To:
Subject:

Agen,Jarrod P. EOP/OVP [Jarrod.P.Agen@ovp.eop.gov]

6/30/2017 5:48:39 PM
Kris Kobach
• Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.god Lotter, Marc E.
EOP/OVP[ arc. o er ovp.eop.gov]
RE: I will be on Tucker Carlson's show

So, Tucker & Anderson Copper tonight. What time are you on MSNBC this afternoon?

From: Kris Kobach [mailto:
I
Sent: Friday, June 30, 2017 1:30 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Lotter, Marc E. EOP/OVP
<Marc.E.Lotter@ovp.eop.gov>; Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: I will be on Tucker Carlson's show
Just don't know the hit time yet.

17-2361-A-006364

 Message
From:
Sent:
To:
Subject:

Kris Kobach [
6/30/2017 5:50:49 PM
'Agen, Jarrod P. EOP/OVP [Jarrod.P.Agen@ovp.eop.gov];'Paoletta, Mark R. EOP/OVP'
[Mark.R.Paoletta@ovp.eop.gov];'Lotter, Marc E. EOP/OVP'[Marc.E.Lotter@ovp.eop.gov]
RE: I will be on Tucker Carlson's show

MSNBC debating Padilla at 2:25 Central 3:25 Eastern. Also after the MSNBC hit, they will tape an interview for NBC
nightly news(Lester Holt).
From: Agen, Jarrod P. EOP/OVP [mailto:Jarrod.P.Agen@ovp.eop.gov]
Sent: Friday, June 30, 2017 12:49 PM
To: Kris Kobach
Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Lotter, Marc E.
EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Subject: RE: I will be on Tucker Carlson's show
So, Tucker & Anderson Copper tonight. What time are you on MSNBC this afternoon?

From: Kris Kobach [mailto
Sent: Friday, June 30, 2017 1:30 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Lotter, Marc E. EOP/OVP
<Marc.E.Lotter@ovp.eop.gov>; Agen, Jarrod P. EOP/OVP <Jarrod.P.Agen@ovp.eop.gov>
Subject: I will be on Tucker Carlson's show
Just don't know the hit time yet.

17-2361-A-006365

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/27/2017 5:33:18 PM
Kris Kobach [
RE: Kansas matching program

Sounds great on the matching program.
I'm with you on nailing down a meeting date/location ASAP. Do you have time maybe tomorrow for a call with Mark and
me? I'll send you a document I created with some proposed themes for future meetings to review between now and
then. It's just a discussion document to get us started, but we'd like to get your thoughts and try to map out a path
forward.
Gardner is very interested in hosting the next meeting in New Hampshire, so that's another possibility as well...

From: Kris Kobach [mailto:
l
Sent: Thursday, July 27, 2017 1:24 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Kansas matching program
Andrew,
My election director, Bryan Caskey, will be calling you about giving the WH a copy of our matching program (which was
created in-house). We should be able to get that to the Commission today as well.
On a second matter, I'd like to get that September meeting date (and place) nailed down,so we can have a firm deadline
for completing the match of Kansas voters against the DHS files. Can we shoot for Tuesday September 12 or Wednesday
September 13?
Any ideas on location? We could do Florida since it's a critical swing state, or Maine because Matt invited us, or
anywhere else in the country. Maybe DC for meeting #3 and save California for meeting #4.
Kris

17-2361-A-006366

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

9/8/2017 8:17:56 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Kobach

Hi Kris,

Stefan said he tried you a few minutes ago and your voicemail was full. Guessing he missed the window when you were
free. If you have some availability later, he said to feel free to call him directly:
is his mobile.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kossack, Andrew J. EOP/OVP
Se • Fridv. Sentember 8, 2017 3:50 PM
To:
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Kobach

Kris, FYI - Stefan is out of the office but says(below) he will reach out ASAP.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
Begin forwarded message:
From: "Passantino, Stefan C. EOP/WHO" <Stefan.C.Passantino@who.eop.gov>
Date: September 8,2017 at 3:47:51 PM EDT
To: "Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov>
Cc: "Gast, Scott F. EOP/WHO" <Scott.F.Gast@who.eop.gov>
Subject: Re: Kobach
I can call in a bit.
Stefan C. Passantino
Deputy Counsel to the President
Office of the White House Counsel

17-2361-A-006367

 On Sep 8, 2017, at 3:44 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
wrote:
Short notice, but Ijust heard from Kobach and he said he's available for a bit if
one or both of you want to connect. His cell is
Andrew J. Kossack
Associate Counsel
Office ofthe Vice President
Email: Andrew.J.Kossack ov .eo .gov
Cell:
Sent from my iPhone

17-2361-A-006368

 Message
From:
Sent:
To:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

7/25/2017 4:28:33 PM
'Kris Kobach [

I; cwlawson@sos.in.gov,
,
Christy McCormick I
• david@capitolpartnersar.com; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovsky, Hans [/O=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]; Christian
Adams [adams@electionlawcenter.com]; Alan L. King
CC:
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]
Subject:
RE: letters from two states
Attachments: Reply Letter to PACEI.PDF

FYI — Please see the attached letter from Ohio SoS John Husted.

From: Kossack, Andrew J. EOP/OVP
Sent: Friday, July 21, 2017 4:18 PM
To:'Kris Kobach'<1111;
'cwlawson@sos.in.gov' <cwlawson@sos.in.gov>;'
>;'
l<
<.;
'Christy McCormick' <
>;'david@capitolpartnersar.com'
<david@capitolpartnersar.com>;'Mark Rhodes' <mrhodes@woodcountywv.com>;'von Spakovsky, Hans'
<Hans.VonSpakovsky@heritage.org>;'Christian Adams' <adams@electionlawcenter.com>;'Alan L. King'

<MM>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: letters from two states
Please see the two attached letters we recently received from the Colorado and Wyoming secretaries of state. These will
be added to our webpage soon as well.
Hope everyone has a great weekend.
Thanks,
Andrew

17-2361-A-006369

 180 East Broad Street, 16th Floor

1..
0ETA!?

11

JON HUSTED
Ohio Secretary of State

/..
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IP
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9

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Columbus, OH 43215
(877) 767-6446 1 (614)466-2655
info@OhioSecretaryofState.gov

..>>
*

www.OhioSecretaryofState.gov

July 24, 2017
Sent via electronic mail to:
ElectionIntegrityStaff@ovp.eop.gov
Presidential Advisory Commission on Election Integrity
The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500
Dear Members of the Presidential Advisory Commission on Election Integrity,
I am providing the publicly available information requested in Commission Vice Chair Kris
Kobach's June 28,2017, letter sent on behalf ofthe Commission. We are unable to provide the
last four digits of Social Security numbers and driver's license numbers, as they are not public
information under Ohio law.'
The relevant portions of Ohio's voter file that are public records under state law are available at
https://www6.sos.state.oh.us/ords/f?p=111:1 to the Commission, media, political parties, or any
person.
I trust that in responding to the Commission,the information we are providing will assist you in
sharing the facts about the system of elections that are carried out by each of the 50 states. It is
my belief that should the other states cooperate, you will be able to provide a clear and honest
assessment of our elections. When your work is completed, I believe that you will conclude as I
have that voter fraud exists, it is rare and we should take reasonable measures to prevent it and
hold violators accountable.
After each ofthe last three federal elections in Ohio, I instructed our state's bipartisan county
boards of elections to review any credible accusations of election fraud or suppression.2No
1
2

See R.C. 149. 43(A)(1)(dd); see also R.C. 149.45(A)(1).
Further, Ohio has engaged in careful maintenance and modernization of its voter registration rolls. We have
removed 568,000 deceased voters and resolved 1.67 million duplicates from the voter file; improved the accuracy
of the statewide voter registration database(SWVRD)by increasing the number of records with complete
information to 90%,up from 20% in 2011; contacted 1.5 million Ohioans who needed to update their voter
registration and another 1.67 million who were eligible but unregistered to vote; advocated for and won legislative
approval for online voter registration(launched January 1, 2017); created an online change of address system
through which 470,000 Ohioans have updated their address; brought Ohio into compliance with NVRA's Section
5(d)for the first time; and reduced the rate of provisional voting and increased the percentage of provisional
ballots counted in 2016 compared to 2012 and 2008.
17-2361-A-006370

 allegations of suppression were reported by the bipartisan boards; the results of their review of
credible allegations offraud were as follows:
• 153 irregularities were identified following the 2016 election cycle,3 from which 52 were
referred for further investigation and prosecution, including 22 individuals identified
through Crosscheck who voted in more than one state;
• 42 irregularities were identified following the 2014 election cycle,4 from which 14 were
referred for further investigation and prosecution, including 2 individuals identified
through Crosscheck who voted in more than one state; and
• 625 irregularities were identified following the 2012 election cycle,5 of which 270 were
referred for further investigation and prosecution, including 20 individuals identified
through Crosscheck who voted in more than one state.
In addition, my office has used what data-matching resources are available to us to identify noncitizens on Ohio's voter rolls. To date my office has identified 821 individuals on the voter rolls
who were non-citizens, of whom 126 have cast ballots and have been referred for prosecution.6
Identifying and addressing any instance of voter fraud, no matter how limited, is important
because every vote matters. Over the last four years, Ohio has had 112 elections decided by one
vote or tied.' While none of these elections were impacted by the cases of voter fraud we have
uncovered, it serves as an example why we as election officials must remain diligent in our
efforts to preserve the integrity of our elections. The federal government can help states in this
effort by ensuring we have access to adequate resources and support.
This leads me to my first recommendation for consideration by the Commission. The federal
government maintains a database of legally present non-citizens. However, access to this
resource is limited, and searching it is difficult unless the individual's Alien Identification
Number is a part ofthe state records. Since the federal government issues Social Security
numbers to non-citizens and requires states to register a voter using the last four digits ofthat
person's Social Security number,the federal government should give states better and more
efficient access to federal databases to enable them to verify eligibility. Otherwise there is no
way to know if a person using this information to register to vote is a citizen or not. I testified on
3
4
5
6

7

https://www.sos.state.oh.us/sos/mediaCenter/2017/2017-05-19-a.aspx
htiDS://WWNV.SOS state.oh.us/sos/mediaCenter/2015/2015-06-25.aspx
htigs://www.sos.state.oh.us/sos/mediaCenter/2013/2013-05-23.aspx
/wwimp w.sos.state.oh.us/sos/mediaCenter/2017/2017-02-27.aspx. It should be noted that at least some of these
individuals may have registered to vote as a result of the National Voter Registration Act's Section 5 requirement
for the state registrar of motor vehicles to solicit voter registration from every driver license applicant, even if the
registrar has infortnation that the person would not otherwise be eligible to register to vote.
httos://wvvw.sos.state.oltus/sos/mediaCenter/2016/2016-12-16.asm
17-2361-A-006371

 this topic before the U.S. House of Representatives Subcommittees on National Security &
Healthcare, Benefits & Administrative Rules,8 and brought this issue to the attention ofthe
Obama Administration,9 without reply.
My second recommendation for the Commission's consideration is the question of election
security. While the Commission and other federal entities investigate concerns around electionsrelated cybersecurity, one thing the federal government can do immediately is provide adequate
and ongoing funding for updated voting equipment. Outdated technology can be more vulnerable
than modern, more sophisticated systems. More practically, current technology builds greater
confidence. Most ofthe voting technology used in the country, as has been noted by others, was
purchased before Apple launched its first-generation iPhone. Congress created new requirements
for the voting systems used by states and only partially funded the purchase of voting systems
that met those requirements in 2002. If Congress is not going to relax the functional requirements
ofthose systems, it should continue to fund its mandate.
On behalf ofthe State of Ohio, I hope you will strongly consider our recommendations, which
are the same recommendations we provided to the Presidential Commission on Election
Administration under the Obama Administration.1° I encourage you to use the opportunity this
Commission presents to assist us in building a more secure system of elections that will build
more trust and confidence among voters.
Sincerelv,

https://www.sos.state.oh.us/sos/mediaCenter/2015/2015-02-12.aspx
httvs://www.sos.state.oltus/sos/mediaCenter/2015/2015-02-04.aspx and
httns://www sos.state.oh.us/sos/mediaCenter/2015/2015-07-08.aspx
I° https://www.sos.state.oh.us/soshnediaCenter/2013/2013-09-20a.aspx

8

9

17-2361-A-006372

 Message
From:
Sent:
To:
Subject:
Attachments:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
6/30/2017 9:01:29 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyh]
RE: media
PEIC Letter to lowa.pdf

Apologies — I was tied up. Iowa's version is attached as an example.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, June 30, 2017 3:56 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: media
Can you send me a pdf of final version of letter sent out to states?

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, June 30, 2017 3:05 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Subject: RE: media
Fantastic. You'll do a great job. I'm thrilled you're official — congrats!
I know you can work off the top of your head, but I'm working to clear some talkers right now for our comms team and
others. Will send those to you as soon as I can,just FYI.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, June 30, 2017 3:00 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: media
Andrew,
17-2361-A-006373

 Mark called me and said it was ok to do media. So fyi, I'm doing Larry O'Connor's radio show on WMAL at 5:00 today on
Virginia refusing to provide the requested information. And I just taped with James Rosen of Fox News for Special
Report tonight on same issue.
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006374

 Presidential Advisory Commission on Election Integrity

June 28,2017
The Honorable Paul Pate
Secretary of State
Lucas Bldg., 1st Fl., 321 E. 12th St.
Des Moines,IA 50319
Dear Secretary Pate,
I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11, 2017. The
Commission is charged with studying the registration and voting processes used in federal
elections and submitting a report to the President of the United States that identifies laws, rules,
policies, activities, strategies, and practices that enhance or undermine the American people's
confidence in the integrity of federal elections processes.
As the Commission begins it work,I invite you to contribute your views and recommendations
throughout this process. In particular:
1. What changes, if any, to federal election laws would you recommend to enhance the
integrity offederal elections?
2. How can the Commission support state and local election administrators with regard to
information technology security and vulnerabilities?
3. What laws, policies, or other issues hinder your ability to ensure the integrity of elections
you administer?
4. What evidence or information do you have regarding instances of voter fraud or
registration fraud in your state?
5. What convictions for election-related crimes have occurred in your state since the
November 2000 federal election?
6. What recommendations do you have for preventing voter intimidation or
disenfranchisement?
7. What other issues do you believe the Commission should consider?
In addition, in order for the Commission to fully analyze vulnerabilities and issues related to
voter registration and voting, I am requesting that you provide to the Commission the publiclyavailable voter roll data for Iowa,including, if publicly available under the laws of your state, the
full first and last names of all registrants, middle names or initials if available, addresses, dates of
birth, political party (if recorded in your state), last four digits of social security number if

17-2361-A-006375

 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.
You may submit your responses electronically to ElectionIntegrityStaff@ovp.eop.gov or by
utilizing the Safe Access File Exchange("SAFE"), which is a secure FTP site the federal
government uses for transferring large data files. You can access the SAFE site at
https://safe.amrdec.army.mil/safe/Welcome.aspx. We would appreciate a response by July 14,
2017. Please be aware that any documents that are submitted to the full Commission will also be
made available to the public. If you have any questions, please contact Commission staff at the
same email address.
On behalf of my fellow commissioners, I also want to acknowledge your important leadership
role in administering the elections within your state and the importance of state-level authority in
our federalist system. It is crucial for the Commission to consider your input as it collects data
and identifies areas of opportunity to increase the integrity of our election systems.
I look forward to hearing from you and working with you in the months ahead.
Sincerely,

Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006376

 Message
From:
Sent:
To:

CC:

Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 10:20:38 PM
''
Kris Kobach [
;cwlawson@sos.in.gov;
•
Christy McCormick[
; david@capitolpartnersarcom; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovsk , Hans [Hans.VonS akovsky@heritage.ord Christian Adams
[adams@electionlawcentercom]; Alan L. King
; matthew.dunlap@maine.gov; King, Alan
[kinga@jccal.org]; David Dunn
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]; Passantino,
Stefan C. EOP/WHO [Stefan.C.Passantino@who.eop.gov]; Gast, Scott F. EOP/WHO [Scott.F.Gast@who.eop.gov]
RE: Meeting Materials for September 12th

If anyone did not receive my email below due to the large file sizes, the meeting materials are now
posted here: https://vvvvw.whitehouse .gov/presi denti al -advi so ry-commi ssi on-el ecti on-i ntegri ty-resources.
Please check to confirm that any materials you plan to present or distribute at the meeting are posted
here. If you have any questions, just let me know.
Thanks again,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell: 1111111111111
Email: Andrew.J.Kossack@ovp.eop.gov
original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8 2017 2:15 PM
To: 'Kris Kobach' <
'cwl awson@sos.i n. ov' <cwl awson@sos.i n. ov> •

41111111111111111V

'Christy McCormick'
'david@capitolpartnersar.com'
< awl capito partnersar.com›; Mark Rhodes' <mrhodes@woo countywv.com›; 'von Spakovsky, Hans'
<Hans.VonS akovsk @he ri tage.o rg> ; 'Christian Adams' <adams@electi onl awcenter.com>; 'Alan L. King'
; 'matthew.dunl a @mai ne. ov' <matthew.dunlap@mai ne.gov>; 'Ki ng , Alan'
< inga jcca .orp; David Dunn'
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov›; Williams, Ronald E. EOP/OVP <Ronald.E.williams@ovp.eop.gov>; Passantino,
Stefan C. EOP/WHO <Stefan.C.Passantino@who.eop.gov›; Gast, Scott F. EOP/WHO <Scott.F.Gast@who.eop.gov>
Subject: Meeting Materials for September 12th
Members,
Attached are materials for next week's meeting. My apologies for the large file sizes.

We are in the process of posting these materials on our webpage for public viewing. I will let you know
once they are available there.
Many thanks to all of you for your hard work and flexibility on the timeline for submitting these
materials.
Thank you,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate
Office of the Vice President
Cell:
Email: Andrew. J .Kossack@ovp.eop.gov

17-2361-A-006377

 Message
From:
Sent:
To:

CC:

Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/8/2017 10:20:38 PM
'Kris Kobach
; cwlawson@sos.in gov;
Christy McCormick
• david@capitolpartnersar.com; Mark Rhodes
mr o es woo countywv.com ; von Spakovsky, Hans S=THF •U=THFDC/cn=Recipients/cn=spakoskyh]; Christian
Adams[adams@electionlawcentercom]; Alan L. King
; matthew.dunlap@maine.gov; King,
Alan [kinga@jccal.org]; David Dunn[
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]; Passantino,
Stefan C. EOP/WHO [Stefan.C.Passantino@who.eop.gov]; Gast, Scott F. EOP/WHO [Scott.F.Gast@who.eop.gov]
RE: Meeting Materials for September 12th

If anyone did not receive my email below due to the large file sizes, the meeting materials are now posted here:
https://www.whitehouse.gov/presidential-advisory-commission-election-integrity-resources. Please check to
confirm that any materials you plan to present or distribute at the meeting are posted here. If you have any
questions,just let me know.
Thanks again,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Emai n rew. ossack@ovp.eop.gov

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:15 PM
To:'Kris Kobach' <111111> 'cwlawson a sos in gov' <cwlawson sos n.gov>;
;'Christy McCormick'
'david@capitolpartnersar.com' <david@capitolpartnersar.com>;'Mark Rhodes'
<mrhodes@woodcountywv.corn>;'von Spakovsky, Hans' <Hans.VonSpakovsky@heritage.org>;'Christian
Adams' <adams@electionlawcenter.com>;'Alan L. King'<>;
'matthew.dunlap®maine.govi <matthew.dunlap@maine.gov>;'King, Alan' <kinga®jccal.org>;'David Dunn'
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>; Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>;
Passantino, Stefan C. EOP/WHO <Stefan.C.Passantino@who.eop.gov>; Gast, Scott F. EOP/WHO
<Scott.F.Gast@who.eop.gov>
Subject: Meeting Materials for September 12th
Members,
Attached are materials for next week's meeting. My apologies for the large file sizes.
We are in the process of posting these materials on our webpage for public viewing. Twill let you know once
they are available there.
17-2361-A-006378

 Many thanks to all of you for your hard work and flexibility on the timeline for submitting these materials.
Thank you,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office ofthe Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006379

 Message
From:
Sent:
To:
CC:
Subject:

Kris Kobach [
9/7/2017 4:51111
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov]
RE: NH data

Please text me the moment it is announced in the morning.
Original Message
From: Kossack, Andrew J. EoP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Wednesday, Se tember 06 2017 9:44 PM
To: 'Kris Kobach' <
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: NH data
Kris,
This is not public yet, but Secretary Gardner shared the numbers from the
analysis of 2016 same-day registrants. As of August 30, 2017, only 1,014 of
the 6,540 same-day registrants who registered with an out-of-state license
had obtained a New Hampshire driver's license. The other 5,526 individuals
had not obtained a New Hampshire driver's license. Of those 5,526, 3.3
percent, or more than 180 individuals, registered a vehicle in New Hampshire
sometime between the election and August 30, 2017. In other words, those 180
individuals visited a Department of Motor Vehicles branch to register a
vehicle in New Hampshire, but still did not obtain a driver's license in
spite of claiming to be a resident for purposes of the 2016 election.
To put the 5,526 figure in context, the vote margin between President Trump
and Hillary Clinton was 2,732. Senator Kelly Ayotte lost by 743 votes to
Maggie Hassan.
Secretary Gardner expects the New Hampshire speaker of the House, Shawn
Jasper (R), to release this information sometime tomorrow (Thursday the
7th). The analysis compared New Hampshire voter data with New Hampshire DMV
data.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006380

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
6/29/2017 5:38:41 PM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyli]
RE: NRO article on voter ID study that debunked earlier study

Hans,
Thanks so much for sending all these materials, and for your time and helpful advice this morning. Looking forward to
keeping in touch and continuing to work with you.
Best,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Thursday, June 29, 2017 11:49 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: NRO article on voter ID study that debunked earlier study

http://www.nationalreview.com/article/448765/hillary-clinton-wisconsin-voter-suppression-claim-dubious-excuseflawed-campaign

NATIONAL REVIEW
No, Hillary, Voter-ID Laws Don't 'Suppress' Turnout

Mrs. Clinton maligns Wisconsin's effort to protect the integrity of its elections in an attempt to excuse her own fatally flawed
campaign.
By Hans A. von Spakovsky & Benjamin Janacek — June 20, 2017

Hi

*nary Clinton just doesn't know how to lose gracefully. She does, however, have a knack for coming

up with ever more inventive excuses for her loss to Donald Trump.
Just last month, she chalked it up to "voter suppression" in Wisconsin. This spurious claim was a reference
to the Badger State's common-sense voter-ID law, which has been upheld by the courts. It followed on the
heels of a tweet from Wisconsin's Democratic senator, Tammy Baldwin, claiming the law had reduced
voter turnout by 200,000 statewide.

17-2361-A-006381

 Both claims relied on a study commissioned by Priorities USA Action and conducted by CIVIS USA,two
liberal groups that actively supported Clinton's presidential bid. Unfortunately for Clinton and Baldwin,
though, the study has been roundly debunked.
Politifact rated Baldwin's claim as "Mostly False," asserting that "experts. . . question the methodology of
the report and say there is no way to put a number on how many people in Wisconsin didn't vote because
of the ID requirement."
While it is true that 2016 saw Wisconsin's turnout drop from 2012, it is also true that the state still
experienced higher turnout than in 2008, before the voter-ID law was passed. Moreover, according to the
U.S. Elections Project, Wisconsin had the fifth-highest turnout rate in the country,far higher than that of
many states with no ID requirement. 69.4 percent ofthe state's eligible voters showed up to the polls, far
surpassing the national average of 59.3 percent and the 56.8 percent rate in Clinton's home state of New
York, where there is no voter-ID law.
Wisconsin's turnout decrease from 2012 is just as likely, or more likely, attributable to a natural regression
from its unusually high 2012 turnout rate. President Obama's high-powered turnout operation, coupled with
Wisconsin's own Paul Ryan being on the GOP ticket, would easily explain the 2012 surge in statewide
voter turnout. Hillary Clinton's ineffective campaign, her decision not to visit the state, and the general
leftward shift of the Democratic party may also have dampened enthusiasm for her candidacy.
Democrats have generally admitted that they failed to connect with blue-collar workers in 2016. In fact,
their party chairman, Tom Perez, has organized a year-long outreach program to try to rectify the problem.
Unfortunately for Democrats,these voters are highly concentrated in Rust Belt states, such as Wisconsin,
Michigan,Iowa, Minnesota, Ohio, and Pennsylvania, that proved especially susceptible to Trump's
economic message. None ofthose states saw any increase in voter turnout, but it wasn't because of voterID laws, which vary widely among them; it was because Clinton failed to rally their working-class voters to
her side, convinced that she could rely on Obama's winning coalition from 2008 and 2012 to put her over
the top.
The problem with that strategy was two-fold:(1)The voters ofthe Obama coalition make up
disproportionately high percentages of state populations in already deep-blue states such as New York and
California; and (2)they were not nearly as enthusiastic about Clinton as they had been about Obama.
FiveThirtyEight's David Wasserman warned last September that the demographic groups the Clinton
campaign was targeting were concentrated in non-swing states. The Clinton campaign failed to heed that
warning.
In fact, turnout data from 2012 and 2016 do not show any "voter suppression" because ofID requirements.
Nine ofthe eleven states that have implemented so-called strict ID Laws either saw an increase in turnout
17-2361-A-006382

 or exceeded the national average in turnout in 2016. Two ofthem, Wisconsin and New Hampshire,finished
in the top five nationally. Meanwhile only two ofthe 17 states plus Washington, D.C., that have no ID
requirement finished among the top five.
In short, there is no credib e evidence that voter-ID laws have impeded turnout, especiallyamong
minorities and Democrats, as their opponents suggest.
The debunked Wisconsin study is, unfortunately, not alone in misusing the data for political gain. A
January 2017 study by three professors from the University of California San Diego and Bucknell
University — frequently referenced in liberal media outlets — is another unfortunate example. The study
erroneously claims that voter-ID laws have a disparate impact on minorities and "diminish the participation
of Democrats and those on the left, while doing little to deter the vote of Republicans and those on the
right." This sensational finding generated a media storm, with the help of several opinion nieces from the
authors making the politically charged (and false) claim that voter-ID laws"lower minority turnout and
benefit the Republican Party."
But these claims, too, were recently debunked by a group of professors from Yale, Stanford, and the
University ofPennsylvania. Upon examining the data in the original study, the group found "no definitive
relationship between strict voter ID laws and turnout." It also found that the original study contained
measurement errors, omitted-variable bias, and misinterpreted data.
In reality, then, such studies are designed to obscure the truth. The Heritage Foundation has published
numerous papers looking at turnout data in states that implemented voter-ID laws. All of those studies
show that ID requirements do not keep voters from the polls, and that some states have even seen increases
in turnout after their ID laws went into effect. A University of Missouri study found that Indiana's turnout
increased 2 percent after its voter-ID law was implemented, with no negative impact on minority voters in
particular, and increased turnout for Democrats as a whole. Yet another study, this one by the University of
Delaware and the University of Nebraska-Lincoln,found that at both the aggregate and individual levels,
voter-ID laws did not affect turnout across racial, ethnic, or socioeconomic lines during the 2000, 2002,
2004, and 2006 elections.
In short, there is no credible evidence that voter-ID laws have impeded turnout, especially among
minorities and Democrats, as their opponents suggest. Meanwhile, a Heritage Foundation database tracking
documented voter fraud now contains 492 cases and 773 criminal convictions, with untold other cases
unreported and unprosecuted
It is thus more important than ever that we implement voter-ID laws, while also taking steps to prevent
non-citizens and individuals registered in multiple states from voting. Across the country, as Heritage's
database shows, voter-fraud convictions include everything from impersonation fraud and false

17-2361-A-006383

 registrations to ineligible voting by felons and non-citizens. American voter fraud continues apace, and the
United States remains one ofthe only democracies in the world without a uniform requirement for voter
identification.
Ax-grinding politicians such as Clinton and Baldwin will doubtless continue to malign ID laws. But their
spurious claims have not dissuaded state officials from trying to protect the integrity oftheir elections.
Most recently, Arkansas instituted a law that requires voters to either show an ID when they vote or cast a
provisional ballot and provide ID by the Monday after the election. After a long and contentious court
battle, Texas recently amended its voter-ID law to require either photo ID or other documents listing the
voter's name and address. And even as Clinton was losing at the polls, Missouri voters last year
overwhelmingly approved a constitutional amendment that allows the state to require voters to prove they
are whom they say they are when they vote, reversing a faulty decision by the state's Supreme Court.
It is vital that states not let the politically expedient, dubious claims of Democrats hamper the important
task of securing our elections' integrity. Otherwise, our ability to function as a democratic republic will be
imperiled.
— Hans A. von Spakovsky is a senior legalfellow and Benjamin Janacek is a member ofthe Young
Leaders'Program at the Heritage Foundation.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006384

 Message
From:
Sent:
To:
CC:
Subject:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
6/13/2017 3:31:22 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];
adams@electionlawcenter.com
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Passantino, Stefan C. EOP/WHO [Stefan.C.Passantino@who.eop.gov]
RE: Organizational Call: Presidential Commission on Election Integrity

Andrew,
Look forward to working with you.
Friday until 2:00.

I am open on Wednesday afternoon after 2:00, Thursday morning, and

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 13, 2017 11:24 AM
To:
; adams@electionlawcenter.com; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov›; Passantino, stefan C. EOP/WHO <Stefan.c.Passantino@who.eop.gov>
Subject: Organizational Call: Presidential Commission on Election Integrity
Greetings,
I was recently detailed to the Office of the Vice President to serve as the lead staffer for the
Presidential Commission on Election Integrity. We would like to arrange a call to update you and discuss
next steps. To that end, could you please send me your availability over the next few days? We will try
to keep the call at no more than an hour. Thursday afternoon is not an option, but please let me know any
other time when you'll be free (or when you're unavailable, if that's simpler).
Thank you for your willingness to serve in this capacity. I look forward to working with you and
supporting your efforts.
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006385

 Message
From:
Sent:
To:

Christian Adams [adams@electionlawcenter.com]
6/13/2017 4:07:56 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko];
hans.vonspakovsky@heritage.org
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]; Passantino, Stefan C. EOP/WHO
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=fc65c54191934c42854fc12226f750f6-Pa]
RE: Organizational Call: Presidential Commission on Election Integrity

CC:

Subject:

Thursday most of the day I am in meetings in Pittsburgh.
can accommodate.

Other than that, I

Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 13, 2017 11:24 AM
To:
adams@electionlawcenter.com;
hans.vonspakovsky@heritage.org
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>; Passantino, Stefan C. EOP/WHo
<Stefan.C.Passanti no@who.eop.gov>
Subject: Organizational Call: Presidential Commission on Election Integrity
Greeti ngs,
I was recently detailed to the Office of the Vice President to serve as the
lead staffer for the Presidential Commission on Election Integrity. We would
like to arrange a call to update you and discuss next steps. To that end,
could you please send me your availability over the next few days? We will
try to keep the call at no more than an hour. Thursday afternoon is not an
option, but please let me know any other time when you'll be free (or when
you're unavailable, if that's simpler).
Thank you for your willingness to serve in this capacity. I look forward to
working with you and supporting your efforts.
Andrew
Andrew 3.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice President
rew.J.Kossack@ovp.eop.gov

17-2361-A-006386

 Message
]
Kris Kobach [
7/25/2017 5:18:09 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
CC:
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]
Subject:
Re: PACE! - Koback Follow Up Letter July 24 2017
Attachments: PACE! - Kobach Follow Up Letter July 25 2017 with KWK edits.docx
From:
Sent:
To:

Andrew here is the letter with my edits in red line. Once you have accepted these changes, please send it out
and let me know once it has been sent. Thanks.
-Kris
On Tue, Jul 25, 2017 at 11:44 AM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack ovp.eop.gov> wrote:
Kris,
Attached is the latest version, which incorporates one edit from our comms team suggesting we reduce the line
in the first paragraph describing EPIC's motion. DOJ also suggested we remove the NVRA line at the end due
to their concern that it could be interpreted as the Commission seeking to enforce the NVRA against states. I
swapped that for a citation instead to the Executive Order, as you can see here.
If you have any concerns with those changes or other edits,just let me know.
Thanks,
Andrew

17-2361-A-006387

 [ EMBED AcroExch.Document.11 ]

July 25, 2017

Dear [CHIEF ELECTION OFFICIAL]
This letter is intended to follow up on my letter of June 28, 2017, which requested publicly
available voter registration records of the bipartisan Presidential Advisory Commission on
Election Integrity. On July 10, 2017, the Commission requested that you delay submitting any
data records until the U.S. District Court for the District of Columbia ruled on a motion from the
Electronic Privacy Information Center that sought to prevent the Commission from receiving
the records. On July 24, 2017, the court denied that motion. In light of that decision in the
Commission's favor, I write to renew the June 28 request, as well as to answer questions some
States raised about the request's scope and the Commission's intent for the registration
datarecords.
First, I appreciate the cooperation of chief election officials from more than 30 States who have
already responded to this-the June 28 request and either agreed to provide this-these publicly
:
available datarecords, or are currently evaluating what specific data records they may provide
in accordance with their State laws.
Like you, I serve as the chief election official of my State. And like you, ensuring the privacy and
security of any non-public voter information is a top high priority. _My June 28 letter only
requested information that is already available to the public under the laws of your State,
which is information that States regularly provide to political candidates,journalists, and other
interested members of the public. As you know,federal law requires the States to maintain
certain voter registration information and make it available to the public pursuant to the
National Voter Registration Act(NVRA)and the Help America Vote Act(HAVA). The
Commission recognizes that State laws differ regarding what specific voter registration
information is publicly available.
I want to assure you that the Commission will not publicly release any personally identifiable
information regarding any individual voter or any group of voters from the voter registration
data records you submit. Individuals' voter registration data records will be kept confidential
and secure throughout the duration of the Commission's existence. _Once the Commission's
analysis is complete, the Commission will dispose of the data as permitted by federal law. The
only information that will be made public are statistical conclusions drawn from the data, other
general observations that may be drawn from the data, and any correspondence that you may
send to the Commission in response to the narrative questions enumerated in the June 28
letter. _Let me be clear, the Commission will not release any personal voter datapersonallv
identifiable information to the public.
In addition, to address issues raised in recent litigation regarding the data transfer portal, the
Commission is offering a new tool for you to transmit data directly to the White House

17-2361-A-006388

 computer system. To securely submit your State's data, please have a member of your staff
contact Ron Williams on the Commission's staff at[ HYPERLINK
"mailto:ElectionIntegrityStaff@ovp.eop.gov" ]and provide his or her contact information.
Commission staff will then reach out to your point of contact to provide detailed instructions
for submitting the data securely.
The Commission will approach all of its work without preconceived conclusions or
prejudgments. The Members of this bipartisan Commission are interested in gathering facts,
and going where those facts lead. We take seriously the Commissions' mission pursuant to
Executive Order 13799 to identify those laws, rules, policies, activities, strategies and practices
that either enhance or undermine the American people's confidence in the integrity of Federal
elections processes._ I look forward to working with you in the months ahead to advance those
objectives.
Sincerely,

'2/a7
Kris W. Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006389

 Message
From:
Sent:
To:
Subject:
Attachments:

Daryl Metcalfe [Dmetcalf@pahousegop.com]
7/19/2017 2:12:41 PM
Kris Kobach [
]
RE: Pennsylvania Data
Letter to Gov Wolf from State Govt signatories.pdf

Hi Kris,
Thank you for the information.
Please see the attached letter that my colleagues and I sent to the Governor.
Please let me know if there is a way that I can be of assistance.
Serving the 12th District,
Daryl D. Metcalfe
State Representative
Majority Chairman, House State Government Committee
PA House of Representatives
www.RepMetcalfe.com
Original Message
From: Kris Kobach [mailto:
]
Sent: Wednesday, July 12, 2017 3:01 PM
To: Daryl Metcalfe <Dmetcalf@pahousegop.com>
Subject: RE: Pennsylvania Data
Daryl,
Great to hear from you. Yes it was identical to the others.
commission. If you want a copy, contact Andrew Kossack at:
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

It was sent out by the staff of the

Anything you can do to make sure that Pennsylvania cooperates would be helpful. Ultimately we need a
state's list of registered voters if we are going to look for things like aliens registered to vote in
that state.
Thanks.
Kris
Original Message
From: Daryl Metcalfe [mailto:Dmetcalf@pahousegop.com]
Sent: Wednesday, July 12, 2017 8:51 AM
To: Kris Kobach <
>
Subject: Pennsylvania Data
Hi Kris,
We are not able to obtain a copy of the letter that you sent to Pennsylvanian requesting voter data.
Would you be able to email a copy to me.
We were able to reference the letter you sent to Connecticut and compared to several other states they
were the same.
Just wanted to confirm Pennsylvania letter was the same as others which we assume it was.
Thank you.
Serving the 12th District,
Daryl Metcalfe
State Representative
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission, dissemination or other use
of, or taking of any action in reliance upon, this information by persons or entities other than the

17-2361-A-006390

 intended recipient is prohibited. If you received this information in error, please contact the sender
and delete the message and material from all computers.
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission, dissemination or other use
of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender
and delete the message and material from all computers.

17-2361-A-006391

 CRANBERRY TOWNSHIP MUNICIPAL BUILDING
2525 ROCHESTER ROAD,SUITE 201
CRANBERRY TOWNSHIP,PA 16066
PHONE:(724)772-3110
FAX:(724)772-2922

DARYL lVfETCALFE,MEMBER
HOUSE OF REPRESENTATIVES
ROOM 144 MAIN CAPITOL
PO BOX 202012
HARRISBURG,PENNSYLVANIA, 17120-2012
PHONE:(717)783-1707
FAX:(717)787-4771
E-mail: dmetealf@pabousegop.com
Website: RepMetealfe.com

July 11, 2017

name oaf
c

preuntatifus

STATE GOVERNMENT COMMITTEE
CHAIRMAN

Commonwealth ofPennsylvania
Harrisburg

The Honorable Tom Wolf
Office of the Governor
508 Main Capitol Building
Harrisburg, PA 17120
Dear Governor Wolf,
We are writing to express our disappointment with the letter that you sent on June 30th to the
Presidential Advisory Commission on Election Integrity. Your refusal to cooperate with the
Commission's reasonable request to provide publicly-available data and input from the states for the
purpose of improving our election system is unacceptable and brings Pennsylvania into disrepute.
This Commission is made up of a bipartisan group of distinguished state election officials from both
Democratic and Republican state administrations. The Commission was formed to "promote fair and
honest" elections by making a study of "the registration and voting processes" used in elections.
Neither the Commission's composition, nor its mission lead logically to your outrageous assertion that
the Commission's request "implies that [the Commission] may undertake a systematic effort to suppress
the vote in Pennsylvania."
The letter sent by the Commission simply requested that Pennsylvania provide any publicly-available
voter roll data. It did not, as your letter implies, demand that we turn over other private, personal data
of citizens when such data was not publicly available or when doing so would violate state law.
As your letter contrarily notes, the publicly available voter file can be purchased from the Department of
State for $20 by any citizen. You also properly indicate that such data must only be used for legally
permissible purposes and may not be published on the Internet in accordance with state law. It is,
however, shocking for you to claim that this information can be safely handed out to anyone with $20,
but that you will not provide it to a lawfully created, bipartisan Presidential Advisory Commission tasked
with analyzing our election system.
Your response deprives Pennsylvania of a seat at the table with a bipartisan Commission that may be
helpful in analyzing and addressing many issues regarding election integrity. The Commission's letter
called for the state's feedback regarding a host of items that it may consider in the future. Your
dismissive, and at times even insulting, letter ignored the opportunity for the state to provide a
thoughtful response. You have let your desire to say no to a Commission created by the President
outweigh your responsibility to do what is best for Pennsylvania.

17-2361-A-006392

 The Honorable Tom Wolf
July 11, 2017
Page 2
Furthermore, your response makes it appear that your administration has something to hide that may
be uncovered if an investigation into voter fraud is conducted. If you are so certain that voter fraud is
not a significant issue, then the best way to demonstrate this would be to cooperate with this bipartisan
commission.
Unfortunately, as you may be aware, Pennsylvania has been the subject of several well documented
cases of voter irregularities in the past few years alone. In January 2016, three former Philadelphia
election officials pleaded guilty to misdemeanor charges of violating the Election Code. An additional
four Philadelphia election officials were charged with election fraud in 2015.
The House State Government Committee held a hearing on improving the integrity of elections in
October of 2016. A testifier from the Public Interest Legal Foundation presented evidence obtained
through public records requests to the Committee that a number of foreign nationals have been
registered to vote in Philadelphia and have illegally voted in prior elections. In addition, Philadelphia
City Commissioner Al Schmidt released a report investigating the city's 2012 primary election. The
report concluded that there were hundreds of cases of irregularities that warranted further
investigation including cases of voting by non-registered individuals, non-U.S. citizens, individuals voting
more than once, individuals voting in the incorrect party's primary, and divisions with more recorded
votes than voters.
Finally, numerous studies, including a 2012 study by the Pew Center, have shown that voting rolls are
filled with invalid or inaccurate registrations. This includes many voters who are registered in another
state or who are deceased. Any one of these incidents alone should be enough reason for you to be
wiling to cooperate in any way possible with a bipartisan Commission seeking to improve voting
integrity throughout the country.
YOU conclude your letter, Governor Wolf, by lecturing the Commission that the "right to vote is absolute
and I have no confidence that you seek to bo ster it." Please allow us to make some necessary
qualifications to your statement. The right to vote is absolute, but only to citizens of our state who are
legally permitted to do so. We have no confidence that you seek to protect Pennsylvanian voters who
are properly exercising their right to vote by preventing those who should not be voting in our state
from doing so. Your absolute refusal to even engage with the Commission is detrimental to
Pennsylvania. Regardless of political party affiliation or ideology, every patriotic Governor should
cooperate to ensure the integrity of our elections.
Sincerely,

Daryl D. Metcalfe
Chairman
House State Government Committee
DDM:pin

17-2361-A-006393

 The following State Representatives are signatories to the letter to Governor Wolf on July 11, 2017:
Rep. Daryl Metcalfe
Rep. Stephen Barrar
Rep. Cris Dush
Rep. Matt Gabler
Rep. Seth Grove
Rep. Kristin Hill
Rep. Jerry Knowles
Rep. Brett Miller
Rep. Brad Roae
Rep. Frank Ryan
Rep. Rick Saccone
Rep. Thomas Sankey
Rep. Craig Staats
Rep. Justin Walsh
Rep. Judy Ward
Rep. Jeff Wheeland

17-2361-A-006394

 Message
From:
Sent:
To:
Subject:

Kris Kobach [
]
7/12/2017 7:00:37 PM
'Daryl Metcalfe [Dmetcalf@pahousegop.com]
RE: Pennsylvania Data

Daryl,
Great to hear from you. Yes it was identical to the others. It was sent
out by the staff of the commission. If you want a copy, contact Andrew
Kossack at:
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Anything you can do to make sure that Pennsylvania cooperates would be
helpful. Ultimately we need a state's list of registered voters if we are
going to look for things like aliens registered to vote in that state.
Thanks.
Kris
Original Message
From: Daryl Metcalfe [mailto:Dmetcalf@pahousegop.com]
Sent: Wednesday, July 12, 2017 8:51 AM
To: Kris Kobach <
>
Subject: Pennsylvania Data
Hi Kris,
We are not able to obtain a copy of the letter that you sent to
Pennsylvanian requesting voter data.
Would you be able to email a copy to me.
We were able to reference the letter you sent to Connecticut and compared to
several other states they were the same.
Just wanted to confirm Pennsylvania letter was the same as others which we
assume it was.
Thank you.
Serving the 12th District,
Daryl Metcalfe
State Representative
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you received
this information in error, please contact the sender and delete the message
and material from all computers.

17-2361-A-006395

 Message
From:
Sent:
To:

CC:
Subject:

Kris Kobach
6/20/2017 7:38:35 PM
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b554216420a92cc812de2026bb8-Pa]; Kossack, Andrew J. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
Morgan, Matthew E. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4193210d4b284d1c8583feab97894024-Mo]
RE: Presidential Advisory Comm'n on Election Integrity

Yes. I can do it too. What number should I call?
From: Paoletta, Mark R. EOP/OVP [mailto:Mark.R.Paoletta@ovp.eop.gov]
Sent: Tuesday, June 20, 2017 2:11 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Cc: Morgan, Matthew E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>; Kris Kobach
Subject: Re: Presidential Advisory Comm'n on Election Integrity
Yes
Mark Paoletta
Counsel to the Vice President

Sent from my iPhone
On Jun 20, 2017, at 3:09 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Does this work for you all for the DHS discussion?

Sent from my iPhone
On Jun 20, 2017, at 2:38 PM, Krebs, Christopher <christopher.krebs@hq.dhs.gov> wrote:
Andrew, thanks - how does 4pm Eastern tomorrow look?
Chris

Christopher C. Krebs
Department of Homeland Security

From: Kossack, Andrew J. EOP/OVP
Sent: Monday, June 19, 2017 7:11:30 PM
To: Krebs, Christopher
Cc: Paoletta, Mark R. EOP/OVP; Morgan, Matthew E. EOP/OVP; Kris Kobach
Subject: Presidential Advisory Comm'n on Election Integrity
17-2361-A-006396

 Hi, Chris,
My colleagues here in the Office of the Vice President asked me to reach out to you to follow up
on an earlier discussion regarding the Election Integrity Commission. I came on board here
recently to staff the commission, and one of our first tasks is to gather relevant data and
information to inform the commission's work. We'd like to continue that earlier discussion and
explore how the commission might partner with DHS going forward.
Are you available for a call sometime in the next 48 hours or so with Mark, Matt, and myself from
OVP, as well as our commission's vice-chair, Secretary Kris Kobach?
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006397

 Message
From:
on behalf of
Sent:
To:
CC:
Subject:

von Spakovsky, Hans[/0=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]
von Spakovsky, Hans
7/10/2017 4:25:43 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: recent email re: data request

I thought it went well. I will send you the audio link when it is up.
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Monday, July 10, 2017 12:00 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: Re: recent email re: data request

Thanks for the heads up. How do you think it went?
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
On Jul 10, 2017, at 11:58 AM,von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org> wrote:
FYI - spent an hour on the lA show on WAMU this morning talking about the commission;
Maine SOS was also on the show.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Monday, July 10, 2017 10:04 AM
To:'Kris Kobach'
; cwlawson@sos.in.gov;
; Christy McCormick
Mark Rhodes
<riir 0s es WOOS count wv com ; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E.
EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: recent email re: data request
17-2361-A-006398

 Dear Members,
Please see the email below, which just went out to state election officials a few minutes ago. As
you can see, in light ofthe recent litigation, we have asked states to hold off on submitting data
at this time. Please let me know if you have any questions.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office ofthe Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: FN-OVP-Election Integrity Staff
Sent: Monday, July 10, 2017 9:40 AM
Subject: Request to Hold on Submitting Any Data Until Judge Rules on TRO
Dear Election Official,
As you may know,the Electronic Privacy Information Center filed a complaint seeking a
Temporary Restraining Order("TRO")in connection with the June 28,2017 letter sent by Vice
Chair Kris Kobach requesting publicly-available voter data. See Electronic Privacy Information
Center v. Presidential Advisory Commission on Election Integrity filed in the U.S. District Court
for the District of Columbia. Until the Judge rules on the TRO, we request that you hold on
submitting any data. We will follow up with you with further instructions once the Judge issues
her ruling.
Andrew Kossack
Designated Federal Officer
Presidential Advisory Commission on Election Integrity ElectionIntegrityStaff@ovp.eop.gov

17-2361-A-006399

 Message
From:
Sent:
To:
CC:

Subject:

Kris Kobach
7/18/2017 4:00:07 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko]
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
RE: revised agenda; final by-laws

Andrew,
Both documents look great. Please print out a hard copy for me, along with
supporting docs (EO, list of topics, anything you guys would like me to
mention in the discussion at end of agenda, etc.)
Thanks.
Kri s
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, July 18 2017 10:53 AM
To: Kris Kobach
Cc: Paoletta, Mark R. EOP/OVP <Mar .R.Paoletta@ovp.eop.gov>; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morganftvp.eop.gov>
Subject: revised agenda; final by-laws
Kris,
Attached is an updated, clean copy of the draft by-laws. This is
substantially similar to what you reviewed last night, with the exception of
a few fixes for clarification, formatting, etc. We revised the public
Comment section (IV(J)) just to clarify how that interacts with the open
meetings language in IV(E), so you might want to take a quick look at that.
Al so attached is a revised agenda reflecting the deletion of the swearing in
ceremony.
These are on final review here. Once they clear and if you're ok with these,
we'll shoot them out to members ASAP. If there's anything el se you'd like me
to mention to members at this point, just let me know.
Thanks,
Andrew
Andrew 3.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice President
rew.J.Kossack@ovp.eop.gov

17-2361-A-006400

 Message
From:
Sent:
To:

Kris Kobach
7/7/2017 8:24:34 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Agen, Jarrod P. EOP/OVP
[Jarrod.P.Agen@ovp.eop.gov]; Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]; Lotter, Marc E.
EOP/OVP [Marc.E.Lotter@ovp.eop.gov]
Subject:
Re: revised/clean version
Attachments: Kobach follow up letter 7.7.2017 CLEAN with KWK edits.docx

I made a few minor changes that should be denoted by the red lines in the margins. Capitalized States where
used as a noun (proper style for legal writing), and took out the reference to public records requests--in most
states no such formal request needs to be made to obtain a copy of the voter rolls.
It can go in this form, if you guys are okay with it.
On Fri, Jul 7,2017 at 12:21 PM,Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov> wrote:
Revised, with minor edits. Please review asap.
Mark Paoletta
Counsel to the Vice President
(work)
(cell)
Sent from my iPhone
Begin forwarded message:
From: "Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eopsov>
Date: July 7, 2017 at 10:43:00 AM
Please see the attached, per our discussion.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office ofthe Vice President
Cell:
Email: An rew.J.Kossack@ovp.eop.gov

17-2361-A-006401

 [ EMBED AcroExch.Document.DC ]

July 76, 2017

Dear [CHIEF ELECTION OFFICIAL]
This letter is intended to follow up on my letter of June 28, 2017, which requested publicly
available voter registration records on behalf of the bipartisan Presidential Advisory
Commission on Election Integrity. I appreciate the cooperation of the chief election officials
from 36 Sstates who have already responded to this request and either agreed to provide this
publicly available data, or are currently evaluating what specific data they may provide in
accordance with their state laws. Some Sstates have raised questions concerning the request,
which I will answer in this letter.
Like you, I serve as the chief election official of my State. And like you, ensuring the privacy and
security of any non-public voter information is a top priority. My June 28 letter only requested
information that is already available to the public under the laws of your State, which is
information that states regularly provide to any other third party who requests it through a
public records request, including political candidates,journalists, and other interested members
of the public. As you know,federal law requires the States to maintain certain voter
registration information and make it available to the public pursuant to the National Voter
Registration Act(NVRA)and the Help America Vote Act(HAVA). The Commission recognizes
that state laws differ regarding what specific voter registration information is publicly available.
I want to assure you that the Commission will not publicly release any personally identifiable
information regarding any individual voter or any group of voters. Individuals' voter
registration data will be kept confidential and secure throughout the duration of the
Commission's existence. Once the Commission's analysis is complete, the Commission will
dispose of the data as permitted by federal law. The only information that will be made public
are statistical conclusions drawn from the data, other general observations that may be drawn
from the data, and any correspondence that you may send to the Commission in response to
the narrative questions enumerated in the June 28 letter. Let me be clear, the Commission will
not release any personal voter data to the public.
The Commission will approach its work without preconceived notions conclusions or
prejudgments. The Members of this bipartisan Commission are interested in gathering facts,
and going where those facts lead. We take seriously the NVRA's purposes "to protect the
integrity of the electoral process; and to ensure that accurate and current voter registration
rolls are maintained." 52 U.S.C. 20501(b)(3)-(4).
I look forward to working with you in the months ahead to advance those objectives.
Sincerely,

17-2361-A-006402

 :
''.4e•- '
Kris W. Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006403

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
8/30/2017 11:35:56 AM
Kris Kobach [
]
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
Re: revised letter

Hi Kris,
Sorry to bug you on this, but just wanted to make sure you're ok with the final version before the 10:00 hearing.
The only change after our conversation was the addition of this language in the paragraph with deadlines:
We also will ask presenters for the meeting to meet these same deadlines for their materials they intend to
share with the Commission.
I think that's consistent with our discussion, but again,just want to make sure you're good with it.
Thanks again,
Andrew

On Aug 29, 2017, at 10:20 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris,
Thanks again for your review. Attached is a revised version. Please let us know if this works.
Just want to make sure you're comfortable.
Thanks,
Andrew
<draft Kobach letter re meeting material deadline.docx>

17-2361-A-006404

 Message
From:
Sent:
To:
CC:

Subject:

Lawson, Connie (SOS)[cwlawson@sos.IN.gov]
10/17/2017 7:35:48 PM
Christy McCormick
; Kossack, Andrew J. EOP/OVP Vo=Exchange Organization/ou=Exchange
Administrative Grou FYDIBOHF23SPDLT cn=Reci lents cn=39ff6c312e514f0fac9dd16139907782-Ko]
Kris Kobach
• Mark Rhodes[mrhodes@woodcountywv.com]; von Spakovsky, Hans
[Hans.VonSpakovsky@heritage.org]; Christian Adams [adams@electionlawcenter.com]; Alan L. King
matthew.dunlap@maine.gov; King, Alan [kinga@jccal.org]
so news

Andrew,
It truly is sad news!

I enjoyed the time I spent with him and am so sorry for him and his family.

Original Message
From: Christy McCormick [mai I to:
Sent: Tuesday, October 17, 2017 3:07 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Cc: Kris Kobach
Lawson Connie SOS) <cwl awson@sos.IN.gov> ;
Mark Rhodes <mrhodes@woodcountywv.com›; von
Spa ovs
Hans <Hans.VonS a ovs y eritage.org>; C
sti an Adams <adams@el ecti onl awcenter com> ; Al an L.
King
; matthew.dunlap@maine.gov ; King, Al an <ki nga@jccal .org>
Subject: Re: sad news
**** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown
senders or unexpected email. ****
Andrew,
This is extremely sad news. Thank you for letting us know. If you decide to do anything - send flowers or
a memorial of some kind - please let me know how I can contribute. God bless his soul and his family and
community as well.
Chri sty
> On Oct 17, 2017, at 1:10 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
•
> members,
•
> I regret to share that David Dunn passed away yesterday in Arkansas. I trust each of you is as saddened
as I was to hear this news. David was a valued member of this Commission, and he was also a joy to be
around and a great person. It goes without saying that he'll be missed.
•
> Please keep David's family and friends in your thoughts and prayers.
> Andrew
•

17-2361-A-006405

 Message
From:
Sent:
To:
CC:
Subject:

Reed Phillips [RPhillips@algop.org]
8/22/2017 3:40:44 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Kris Kobach [
];
Terry Lathan [Terry@algop.org]; Harold Sachs [HSachs@algop.org]
Re: Secretary Kobach from Chairman Lathan, ALGOP

Thank you, Secretary Kobach.
Andrew, I'll be waiting to hear from you.
Best,
Reed
Reed Phillips
Political Director
Alabama Republican Party
o: (205) 212-5900
c: (256) 496-0489
www.algop.org
> On Aug 22, 2017, at 9:57 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Thank you, Secretary Kobach. And thanks to Mrs. Lathan for the willingness to help.
>
> Reed, I'll need to touch base with our legal counsel on this end to confirm a couple things, but I'll
be in touch soon with additional information.
>
> Thank you,
> Andrew
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel, Office of the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>
>
>
Original Message
> From: Kris Kobach [mailto:
]
> Sent: Tuesday, August 22, 2017 10:42 AM
> To: 'Terry Lathan' <Terry@algop.org›; 'Reed Phillips' <RPhillips@algop.org›; 'Harold Sachs'
<HSachs@algop.org>
> Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
> Subject: RE: Secretary Kobach from Chairman Lathan, ALGOP
>
> Dear Mrs. Lathan,
>
> Thank you very much for assisting the commission by providing the AL voter
> list. I am cc'ing Andrew Kossack, of the President's Commission on Election
> Integrity. He can work with Reed Phillips to facilitate the transfer of the
> list.
>
> Thanks again. This will be very helpful in the Commission's work
> identifying fraudulent registrations and other forms of voter fraud.
>
> Kris Kobach
>
>
Original Message
> From: Terry Lathan [mailto:Terry@algop.org]
> Sent: Monday, August 21, 2017 10:46 AM
> To:
; Reed Phillips <RPhillips@algop.org›; Harold Sachs
> <HSachs@algop.org>
> Subject: Secretary Kobach from Chairman Lathan, ALGOP
>
> Dear Mr. Secretary:
>
> The ALGOP will honor your request and have a full state voter pull for the
> commission you chair. Our political director, Reed Phillips, will initiate

17-2361-A-006406

 >
>
>
>
>
>
>
>
>
>
>
>
>
>

this process immediately.
Please send him the person you would like us to work with in sending you the
AL voter list. It is approximately 3.2 million names.
The only ask we make is that this information is not used for any other
purposes other than the focus of checking for voter fraud.
We are glad to help the President's Commission.
Mrs. Terry Lathan
Chairman, Alabama Republican Party

17-2361-A-006407

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.goy]
8/22/2017 2:57:21 PM
Kris Kobach [
'Terry
Lathan [Terry@algop.org];'Reed Phillips' [RPhillips@algop.org];'Harold
];
Sachs'[HSachs@algop.org]
RE: Secretary Kobach from Chairman Lathan, ALGOP

Thank you, Secretary Kobach. And thanks to Mrs. Lathan for the willingness to help.
Reed, I'll need to touch base with our legal counsel on this end to confirm a couple things, but I'll be
in touch soon with additional information.
Thank you,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel,
202.881.8797
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kris Kobach [mailto:
]
Sent: Tuesday, August 22, 2017 10:42 AM
To: 'Terry Lathan' <Terry@algop.org›; 'Reed Phillips' <RPhillips@algop.org›; 'Harold Sachs'
<Hsachs@algop.org>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Secretary Kobach from chairman Lathan, ALGOP
Dear Mrs. Lathan,
Thank you very much for assisting the commission by providing the AL voter
list. I am cc'ing Andrew Kossack, of the President's Commission on Election
Integrity. He can work with Reed Phillips to facilitate the transfer of the
list
Thanks again. This will be very helpful in the Commission's work
identifying fraudulent registrations and other forms of voter fraud.
Kris Kobach
Original Message
From: Terry Lathan [mailto:Terry@algop.org]
sent: Monday, August 21, 2017 10:46 AM
To:
; Reed Phillips <RPhillips@algop.org›; Harold Sachs
<HSachs@algop.org>
Subject: Secretary Kobach from Chairman Lathan, ALGOP
Dear Mr. Secretary:
The ALGOP will honor your request and have a full state voter pull for the
commission you chair. Our political director, Reed Phillips, will initiate
this process immediately.
Please send him the person you would like us to work with in sending you the
AL voter list. It is approximately 3.2 million names.
The only ask we make is that this information is not used for any other
purposes other than the focus of checking for voter fraud
We are glad to help the President's Commission.
Mrs. Terry Lathan
Chairman, Alabama Republican Party

17-2361-A-006408

 Message
From:
Sent:
To:
CC:
Subject:

Terry Lathan [Terry@algop.org]
8/22/2017 2:45:32 PM
Kris Kobach [
]
Reed Phillips [RPhillips@algop.org]; Harold Sachs [HSachs@algop.org]; Kossack, Andrew J. EOP/OVP
[Andrew.J.Kossack@oyp.eop.goy]
Re: Secretary Kobach from Chairman Lathan, ALGOP

Our pleasure.
Terry Lathan
Chairman, Alabama Republican Party
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>

On Aug 22, 2017, at 9:43 AM, Kris Kobach <

>wrote:

Dear Mrs. Lathan,
Thank you very much for assisting the commission by providing the AL voter
list. I am cc'ing Andrew Kossack, of the President's Commission on Election
Integrity. He can work with Reed Phillips to facilitate the transfer of the
list.
Thanks again. This will be very helpful in the Commission's work
identifying fraudulent registrations and other forms of voter fraud.
Kris Kobach
Original Message
From: Terry Lathan [mailto:Terry@algop.org]
Sent: Monday, August 21, 2017 10:46 AM
To:
; Reed Phillips <RPhillips@algop.org›; Harold Sachs
<Hsachs@algop.org>
Subject: Secretary Kobach from Chairman Lathan, ALGOP
Dear Mr. Secretary:
The ALGOP will honor your request and have a full state voter pull for the
commission you chair. Our political director, Reed Phillips, will initiate
this process immediately.
Please send him the person you would like us to work with in sending you the
AL voter list. It is approximately 3.2 million names.
The only ask we make is that this information is not used for any other
purposes other than the focus of checking for voter fraud.
We are glad to help the President's Commission.
Mrs. Terry Lathan
Chairman, Alabama Republican Party

17-2361-A-006409

 Message
From:
Sent:
To:
CC:
Subject:

Reed Phillips [RPhillips@algop.org]
8/22/2017 3:40:44 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Kris Kobach [
Terry
;
Lathan [Terry@algop.org]; Harold Sachs [HSachs@algop.org]
Re: Secretary Kobach from Chairman Lathan, ALGOP

Thank you, Secretary Kobach.
Andrew, I'll be waiting to hear from you.
Best,
Reed
Reed Phillips
Political Director
Alabama Republican Party
o: (205) 212-5900
c: (256) 496-0489
www.algop.org
> On Aug 22, 2017, at 9:57 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Thank you, Secretary Kobach. And thanks to Mrs. Lathan for the willingness to help.
>
> Reed, I'll need to touch base with our legal counsel on this end to confirm a couple things, but I'll
be in touch soon with additional information.
>
> Thank you,
> Andrew
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel, Office of the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>
>
>
Original Message
> From: Kris Kobach [mailto:
]
> Sent: Tuesday, August 22, 2017 10:42 AM
> To: 'Terry Lathan' <Terry@algop.org›; 'Reed Phillips' <RPhillips@algop.org›; 'Harold Sachs'
<HSachs@algop.org>
> Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
> Subject: RE: Secretary Kobach from Chairman Lathan, ALGOP
>
> Dear Mrs. Lathan,
>
> Thank you very much for assisting the commission by providing the AL voter
> list. I am cc'ing Andrew Kossack, of the President's Commission on Election
> Integrity. He can work with Reed Phillips to facilitate the transfer of the
> list.
>
> Thanks again. This will be very helpful in the Commission's work
> identifying fraudulent registrations and other forms of voter fraud.
>
> Kris Kobach
>
>
Original Message
> From: Terry Lathan [mailto:Terry@algop.org]
> Sent: Monday, August 21, 2017 10:46 AM
> To:
; Reed Phillips <RPhillips@algop.org›; Harold Sachs
> <HSachs@algop.org>
> Subject: Secretary Kobach from Chairman Lathan, ALGOP
>
> Dear Mr. Secretary:
>
> The ALGOP will honor your request and have a full state voter pull for the
> commission you chair. Our political director, Reed Phillips, will initiate

17-2361-A-006410

 >
>
>
>
>
>
>
>
>
>
>
>
>
>

this process immediately.
Please send him the person you would like us to work with in sending you the
AL voter list. It is approximately 3.2 million names.
The only ask we make is that this information is not used for any other
purposes other than the focus of checking for voter fraud.
We are glad to help the President's Commission.
Mrs. Terry Lathan
Chairman, Alabama Republican Party

17-2361-A-006411

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

9/18/2017 8:33:56 PM
Kris Kobach
[1
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Sorry — hit send too quickly. Here's the revised first paragraph per legal's feedback:

Secretary Kobach is serving as Vice Chairman of the Presidential Advisory Commission on Election Integrity in his
personal capacity. Commission members are considered "Special Government Employees" under federal
law. The members of the Commission were never issued federal email accounts, but they received ethics
training and were instructed that they could continue to use personal email accounts as long as they ensure that
all emails relating to commission business are copied or forwarded to a federal government email account.

From: Kossack, Andrew J. EOP/OVP
Sent: Monday, September 18, 2017 4:33 PM
To:'Kris Kobach'<I>
Subject: RE: Shorman/Lowry questions
I'm still waiting on our comms team, but legal suggested the following revised first paragraph:
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
I
Sent: Monday, September 18, 2017 4:32 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
17-2361-A-006412

 Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.goy>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under
federal law. As such, the members ofthe Commission were never issued federal email accounts. They
received ethics training and were instructed that they could continue to use personal email accounts while
ensuring that all emails relating to commission business were retained.

Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is
conducting EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

17-2361-A-006413

 Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach"
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

17-2361-A-006414

 Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the
Secretary's work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmthl account to conduct commission business?

How would using his secretary of state email address be a -waste of resources?"

Thanks for your help.

Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006415

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/18/2017 8:33:03 PM
Kris Kobach [
RE: Shorman/Lowry questions

I'm still waiting on our comms team, but legal suggested the following revised first paragraph:
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 4:32 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:
17-2361-A-006416

 Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under
federal law. As such, the members ofthe Commission were never issued federal email accounts. They
received ethics training and were instructed that they could continue to use personal email accounts while
ensuring that all emails relating to commission business were retained.

Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is
conducting EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: ShormanlLowry questions
To: "Kris Kobach" <
Cc:

>

This was sent to me:

Samantha,

17-2361-A-006417

 Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the
Secretary's work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?
17-2361-A-006418

 How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006419

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.gov]
9/18/2017 8:33:03 PM
Kris Kobach [
]
RE: Shorman/Lowry questions

I'm still waiting on our comms team, but legal suggested the following revised first paragraph:
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 4:32 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:
17-2361-A-006420

 Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under
federal law. As such, the members ofthe Commission were never issued federal email accounts. They
received ethics training and were instructed that they could continue to use personal email accounts while
ensuring that all emails relating to commission business were retained.

Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is
conducting EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach" <
Cc:

>

This was sent to me:

Samantha,

17-2361-A-006421

 Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the
Secretary's work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?
17-2361-A-006422

 How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006423

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/18/2017 7:46:46 PM
Kris Kobach [
; Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: AndrewJ.Kossack@ovp.eop.gov
From: Kris Kobach[mailto:111

Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.
Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.
Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter"
‹>
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach" <
Cc:
17-2361-A-006424

 This was sent to me:
Samantha,
Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.
Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.
The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."
How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.
Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?
The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."
Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?
Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.
Also, does the Secretary not view the commission as public business?
Does he still plan to continue using his personal gmail account to conduct commission business?
How would using his secretary of state email address be a"waste of resources?"
Thanks for your help.
Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006425

 

Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/18/2017 7:46:46 PM
Kris Kobach [
; Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.
Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.
Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach"
Cc:
17-2361-A-006427

 This was sent to me:
Samantha,
Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.
Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.
The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."
How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.
Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?
The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."
Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?
Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.
Also, does the Secretary not view the commission as public business?
Does he still plan to continue using his personal gmail account to conduct commission business?
How would using his secretary of state email address be a"waste of resources?"
Thanks for your help.
Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006428

 

Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/18/2017 7:46:46 PM
Kris Kobach [
; Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.
Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.
Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shonnan/Lowry questions
To: "Kris Kobach" <
Cc:
17-2361-A-006430

 This was sent to me:
Samantha,
Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.
Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.
The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."
How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.
Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?
The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."
Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?
Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.
Also, does the Secretary not view the commission as public business?
Does he still plan to continue using his personal gmail account to conduct commission business?
How would using his secretary of state email address be a"waste of resources?"
Thanks for your help.
Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006431

 

Message
From:
Sent:
To:
Subject:

Kris Kobach [
9/18/2017 8:31:41 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]
Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon,Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.

17-2361-A-006433

 Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter"<.>
Date: Sep 18, 2017 9:29 AM
Subject: ShormanlLowry questions
To: "Kris Kobach"
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

17-2361-A-006434

 The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?

How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

17-2361-A-006435

 Hunter Woodall

The Kansas City Star

 

SAMANTHA M. POETTER

 



Message
From:
Sent:
To:
Subject:

Kris Kobach [
9/18/2017 8:31:41 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]
Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon,Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.

17-2361-A-006437

 Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach" <
Cc:

>

This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

17-2361-A-006438

 The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?

How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

17-2361-A-006439

 Hunter Woodall

The Kansas City Star

SAMANTHA M. POETTER



Message
From:
Sent:
To:
Subject:

Kris Kobach [
9/18/2017 7:59:46 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]
Re: Shorman/Lowry questions

Thanks. I may also use Secretary Blackwell as an example in the final paragraph. He is identified as "former
Secretary of State." It is simply a way oftelling readers/viewers who we are.
I need to send that answer in the next 20 minutes.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.

17-2361-A-006441

 Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter"
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach" <
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

17-2361-A-006442

 The portion ofthe story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?

How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

17-2361-A-006443

 Hunter Woodall

The Kansas City Star

SAMANTHA M. POETTER

1 

Message
From:
Sent:
To:
Subject:

Kris Kobach [
9/18/2017 7:59:46 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]
Re: Shorman/Lowry questions

Thanks. I may also use Secretary Blackwell as an example in the final paragraph. He is identified as "former
Secretary of State." It is simply a way oftelling readers/viewers who we are.
I need to send that answer in the next 20 minutes.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.

17-2361-A-006445

 Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter"
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach"
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

17-2361-A-006446

 The portion ofthe story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?

How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

17-2361-A-006447

 Hunter Woodall

The Kansas City Star

SAMANTHA M. POETTER



Message
From:
Sent:
To:
Subject:

Kris Kobach [
]
9/18/2017 7:59:46P
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.goy]
Re: Shorman/Lowry questions

Thanks. I may also use Secretary Blackwell as an example in the final paragraph. He is identified as "former
Secretary of State." It is simply a way oftelling readers/viewers who we are.
I need to send that answer in the next 20 minutes.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP

<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.

17-2361-A-006449

 Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: ShormanlLowry questions
To: "Kris Kobach"
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

17-2361-A-006450

 The portion ofthe story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmail account to conduct commission business?

How would using his secretary of state email address be a "waste of resources?"

Thanks for your help.

17-2361-A-006451

 Hunter Woodall

The Kansas City Star

SAMANTHA M. POETTER

 



Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/18/2017 7:46:46 PM
Kris Kobach
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.gov>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under federal
law. As such, the members ofthe Commission were never issued federal email accounts. They received ethics
training and were instructed that they could continue to use personal email accounts while ensuring that all
emails relating to commission business were retained.
Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is conducting
EAC business while serving on the Commission.
Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

Forwarded message
From: "Samantha Poetter" <
Date: Sep 18, 2017 9:29 AM
Subject: Shorman/Lowry questions
To: "Kris Kobach"
Cc:
17-2361-A-006453

 This was sent to me:
Samantha,
Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.
Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.
The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."
How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.
Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?
The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."
Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?
Essentially, we're interested in anything that clearly articulates the policy you have in relation to the Secretary's
work on the commission.
Also, does the Secretary not view the commission as public business?
Does he still plan to continue using his personal gmail account to conduct commission business?
How would using his secretary of state email address be a"waste of resources?"
Thanks for your help.
Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006454

 

Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

9/18/2017 8:33:56 PM
Kris Kobach [
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
RE: Shorman/Lowry questions

Sorry — hit send too quickly. Here's the revised first paragraph per legal's feedback:

Secretary Kobach is serving as Vice Chairman of the Presidential Advisory Commission on Election Integrity in his
personal capacity. Commission members are considered "Special Government Employees" under federal
law. The members of the Commission were never issued federal email accounts, but they received ethics
training and were instructed that they could continue to use personal email accounts as long as they ensure that
all emails relating to commission business are copied or forwarded to a federal government email account.

From: Kossack, Andrew J. EOP/OVP
Sent: Monday, September 18, 2017 4:33 PM
To:'Kris Kobach'
Subject: RE: Shorman/Lowry questions
I'm still waiting on our comms team, but legal suggested the following revised first paragraph:
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Kris Kobach [mailto:
I
Sent: Monday, September 18, 2017 4:32 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Shorman/Lowry questions

I need to answer the reporter now if possible. The deadline has arrived.
I plan on using the statement I sent to you earlier. Please advise.
On Mon, Sep 18, 2017 at 2:46 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Kris — Sorry for the delay, but I should be able to send you a revised response within a few minutes. I'll circle back ASAP.
Thanks.

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
17-2361-A-006456

 Email: Andrew.J.Kossack@ovp.eop.gov

From: Kris Kobach [mailto:
Sent: Monday, September 18, 2017 1:33 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Paoletta, Mark R. EOP/OVP
<Mark.R.Paoletta@ovp.eop.goy>
Subject: Fwd: Shorman/Lowry questions

Andrew here's my tentative response:

Secretary Kobach is serving as Vice Chairman ofthe Presidential Advisory Commission on Election Integrity
in his personal capacity. Commission members are considered "Special Government Employees" under
federal law. As such, the members ofthe Commission were never issued federal email accounts. They
received ethics training and were instructed that they could continue to use personal email accounts while
ensuring that all emails relating to commission business were retained.

Because Secretary Kobach is serving on the Commission in his personal capacity, not as a representative ofthe
State of Kansas, he determined that it would be inappropriate to use his Kansas state email account. The title
"Kansas Secretary of State" follows his name in some printed material simply because it identifies to the reader
who he is. It does not indicate that he is conducting Kansas State business while serving on the
Commission. Similarly, for example, the title "Election Assistance Commission" sometimes follows the name
of Christy McCormick in Commission material simply to identify her; it does not indicate that she is
conducting EAC business while serving on the Commission.

Secretary Kobach's personal emails concerning the Commission are therefore not subject to KORA,since he is
not conducting public business on behalf ofthe State of Kansas while serving on the Commission.

17-2361-A-006457

 Forwarded message
From: "Samantha Poetter"
Date: Sep 18, 2017 9:29 AM
Subject: ShormanlLowry questions
To: "Kris Kobach" <
Cc:
This was sent to me:

Samantha,

Hunter Woodall from the Star here. Bryan Lowry and I are doing a follow up story on the election integrity
commission today with a 2 p.m. deadline. We need some clarity from the Secretary of State's office regarding
recent comments made by Secretary Kobach.

Secretary Kobach told Pro Publica recently that he's on President Trump's election integrity commission as a
private citizen.

The portion of the story I'm referring to explains that"Kobach confirmed that he plans to continue to use his
personal gmail account to conduct commission business. Using his Kansas secretary of state email address, he
said, would be a "waste of state resources" as he's acting as a private citizen on the commission and not in his
role as secretary of state."

How is that possible when the commission's materials always refer to him as the Kansas Secretary of State?
You've been doing his communications work for that and the work on the commission is directly related to his
election duties.

Does that mean your office does not consider his private emails about the commission subject to KORA under
the 2016 law?

The law I'm referring to was written about at length by Bryan Lowry,including here. Per his story that law
makes "private e-mails by public officials subject to the Kansas Open Records Act if they pertain to public
business."

17-2361-A-006458

 Can you also lay out for us the policy of how you're viewing his work on the commission and how you're
viewing the records related to the commission. Who is storing these records? Is the Secretary his own person in
charge of record keeping?

Essentially, we're interested in anything that clearly articulates the policy you have in relation to the
Secretary's work on the commission.

Also, does the Secretary not view the commission as public business?

Does he still plan to continue using his personal gmthl account to conduct commission business?

How would using his secretary of state email address be a -waste of resources?"

Thanks for your help.

Hunter Woodall
The Kansas City Star

SAMANTHA M.POETTER

17-2361-A-006459

 Message
From:
Sent:
To:
CC:
Subject:

Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
8/20/2017 2:16:52 PM
Kris Kobach
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: Statistician at DoJ

Will follow up this week.
Mark Paoletta
Counsel to the Vice President

Sent from my iPhone
On Aug 20, 2017, at 10:13 AM,Kris Kobach <

> wrote:

Mark and Andrew,
Ben Overholt has reached out to me,through Christy McCormick. He as strong statistical abilities, and
he is the in-house statistician for the voting rights section at Doi. Check out the analysis that he did of
Kansas in response to seeing me interviewed on TV. I really would like to get him on board.
I have heard that someone on our team tried to contact Doi about him and was turned down. Is that
correct? If so, I would like to personally elevate the request to AG Sessions's office.
KRis

<Overholt Resume-Commission.pdf>
<Overholt letter.docx>
<Overholt analysis of Kansas.docx>

17-2361-A-006460

 Message
From:
Sent:
To:
CC:
Subject:
Attachments:

Christopher C. Hull, Ph.D.(IMI)[chris@issuemanagement.net]
5/12/2017 1:49:49 PM
Deroy Murdock [tiradesrus@hotmail.com]
Kris Kobach - Kansas Secretary of State
]
RE: Take 2: Vote fraud in Kansas + more
170428 The Real Problem with the 2016 Election - Voter Fraud and Illegal Voting.docx

Secretary KobachCongratulations on your appointment to co-chair the vote integrity commission. Now I can get over your not getting the
DHS Deputy slot, which is what I was rooting for. Maybe.
Attached please find a document I put together with extensive help from Deroy. It summarizes all my research on voter
fraud in one place.
In addition, here is a podcast from today welcoming your appointment by Frank Gaffney,just FYI.
Hope it is helpful. Please let us know what more we can do to lend a hand to your critical efforts!
-Chris
Christopher C. Hull,Ph.D.
President and Campaign Manager
Issue Management, Inc.
4536 46th St. NW
Washington, DC 20016
(202)258-9710(phone)
(202)318-8340(fax)
chris issuemana ement.net

IA

11

Issue Management, Inc.

From: Deroy Murdock [mailtotradesrus@hotmail.com]
Sent: Wednesday, April 26, 2017 9:02 AM
To: Kris Kobach - Kansas Secretary of State
Cc: Deroy Screeds Murdock; Dr. Christopher C. Hull Ph.D. - Issue Management Inc.; Christopher Hull
Subject: Take 2: Vote fraud in Kansas + more

Hi, Kris:
As we discussed the other night, I am re-sending the April 15 e-mail that I
sent to you and fellow Harvard man Dr. Christopher Hull, Ph.D. He has a
fine proposal to study illegal voting by foreigners and then publicize the
results of his research.

17-2361-A-006461

 Given your mutual interest in this vital matter, I hope you two will be in
touch very soon.
Chris, why don't you get the ball rolling by sending Kris your proposal and a
few words of greeting? Kris, please follow up after that.
I think you two would benefit from the acquaintance and hope you will
communicate.
Many thanks and best wishes,
Deroy Murdock
New York City
P.S. Chris and Kris. How about that?

From: Deroy Murdock <tiradesrus@hotmail.com>
Sent: Saturday, April 15, 2017 12:17 PM
To: Kris Kobach - Kansas Secretary of State
Cc: Deroy Murdock; Deroy Screeds Murdock; William de Wolff - NYU College Republican Club; William de Wolff - NYU
College Republicans; Dr. Christopher C. Hull Ph.D. - Issue Management Inc.; Christopher Hull
Subject: Vote fraud in Kansas + more

Hi,Kris:
Congrats and THANK YOU for convicting Victor David Garcia Bebek.
Nice work. I wish you had 500 more like him.
BTW,now that you have nailed this alien for defrauding American voters,
will you push for his deportation? PLEASE do so. $5,000 and probation are
nothing. He should be booted from this country, and veg visibly. He should
serve as a high-profile cautionary tale for any other non-citizens who might
be tempted to nullify the legitimate votes of citizens. Don't be nice, Kris.
Kick this bastard's ass out of the country!

17-2361-A-006462

 Meanwhile, I love how I just looked up this story and found several others
that say that there is no "massive" vote fraud in America, and it's neither
widespread" nor "epidemic." Therefore: Shut up and go back to sleep.
By this logic,if we do not have 1 million people dropping dead from
influenza annually, we should cancel the flu vaccine. After all, this problem is
neither massive, nor widespread, nor epidemic. So,let's not fight it or even
try to prevent it, not even a little bit. In fact, let's pass a new law that bars flu
vaccines to vote-fraud deniers until this ailment is massive, widespread, and
epidemic.
Disgusting!
Please keep me posted on your anti-vote fraud efforts. This is one of my
bugaboos. I really hope Vice President Mike Pence drills deeply into this
issue, proves that it is a problem, and then works closely with DOJ and statelevel folks like you to hose out the manure-clogged barn that is America's
voting system.
Finally, the more we can prove that vote fraud is the Democrats' secret
weapon,the harder we'll make it for them to fight it, and the more elections
they will lose.
So, please, please keep pounding them like a sledge hammer!
Best wishes,
Deroy
P.S. I have copied here my very bright and highly promising research
director, Mr. William de Wolff. He has helped me research an article or two
on this topic. I will ask him to keep his eyes open for more examples like this
one.

17-2361-A-006463

 Also copied: Dr. Christopher Hull, Ph.D. Chris was chief of staff to Rep.
Steve King(R - Iowa). He now runs Issues Management,Inc. in Washington.
He is keenly interested in this issue and has a proposal for a project to
document non-citizen voting in Nov. 2016 as a vivid example of foreign
influence in U.S. elections.(Where have I heard that expression?) If you want
to learn more about what Chris is trying to do,I am sure he would be happy
to tell you. Also,as I think of it, you two very likely were at Harvard at the
same time. Please chat with each other.
http://www.kansas.com/news/local/crime/article144233919.html
Wichita
man pleads
guilty to
voter fraud
www.kansas.com
Victor David
Garcia Bebek of
Wichita pleaded
guilty last week
in Sedgwick
County District
Court to three
counts of voting
without being
qualified, which
is a
misdemeanor.
Bebek voted in a
2012 special
election, the
2012 general
election, and the
2014 general
election.

17-2361-A-006464

 The Real Problem with the 2016 Election: Illegal Voting
Christopher C. Hull, Ph.D.
To widespread[ HYPERLINK "https://www.nytimes.com/2017/01/23/us/politics/donald-trumpcongress-democrats.html" ], President Trump has[ HYPERLINK
"https://twittercom/realDonaldTrump/status/802972944532209664" I[ HYPERLINK
"https://twittercom/realDonaldTrump/status/803033642545115140" ][ HYPERLINK
"http://nymag.com/daily/intelligencer/2017/01/trump-repeats-voter-fraud-lie-in-meeting-withlawmakers.html"] perhaps the largest example of unlawful interference in the 2016 election: Ineligible
voters voting fraudulently. While media reports continue to include phrases like "[ HYPERLINK
"http://www.redstate.com/california_yankee/2016/11/28/team-trump-offers-evidence-for-millionsvoting-illegally!" I" in their coverage of the President's charges, mostly[ HYPERLINK
"http://www.politifact.com/punditfact/statements/2016/nov/18/blog-posting/no-3-millionundocumented-immigrants-did-not-vote-I" I on a single Twitter troll whose charges have not been
validated, they simply ignore:
1. The[ HYPERLINK "http://www.foxnews.com/opinion/2017/01/25/john-fund-and-hans-vonspakovsky-why-trum ps-probe-voter-fraud-is-long-overdue.htm I" I which the Democratic
candidate won by under 1,000 votes, and an investigation by a House committee found 624
invalid votes by noncitizens in that one California congressional district
2. [ HYPERLINK "http://www.nationalreview.com/article/291289/ghosts-voters-past-deroymurdock" I[ HYPERLINK
"https://www.eac.gov/assets/1/AssetManager/The%20Impact%20of%20the%20National%20Vo
ter%20Registration%20Act%20on%20Federal%20Elections%202007-2008.pdf" ], according to
the U.S. Election Assistance Commission, registered voters totaled:
a. 101.6% of the voting-age population in North Dakota
b. 101.9% of the voting-age population in Michigan
c. 102.2% of the voting-age population in Alaska; and
d. 103.9% of the voting-age population in Maine
3. That in[ HYPERLINK "https://pjmedia.com/blog/lawlessness-at-the-doj-voting-section-told-notto-enforce-purging-the-dead-or-ineligible-from-voting-rollsr ], Obama Deputy Assistant
Attorney General Julie Fernandes[ HYPERLINK
"http://www.nationalreview.com/articles/247724/opinion-just-deroy-murdock" ][ HYPERLINK
"http://www.nationalreview.com/article/291289/ghosts-voters-past-deroy-murdock" ]
Department of Justice staffers of the Voting Section that although the 1993 Motor Voter Law "[
HYPERLINK "https://pjmedia.com/blog/lawlessness-at-the-doj-voting-section-told-not-toenforce-purging-the-dead-or-ineligible-from-voting-rollsr I the states to ensure that no
ineligible voters were on the rolls -- including dead people, felons, and people who had moved",

17-2361-A-006465

 "[ HYPERLINK "https://pjmedia.com/blog/lawlessness-at-the-doj-voting-section-told-not-toenforce-purging-the-dead-or-ineligible-from-voting-rollsr ] have no interest in enforcing this
provision of the law. It has nothing to do with increasing turnout, and we are just not going to
do it."
4. A[ HYPERLINK "https://townhall.com/columnists/deroymurdock/2017/01/28/why-dodemocrats-fear-trumps-probe-of-fake-voter-fraud-n2277853" ][ HYPERLINK
"http://www.redstate.com/california_yankee/2016/11/28/team-trump-offers-evidence-formillions-voting-illegallyr I that said:
a. 1.8 million dead Americans were registered to vote
b. 2.75 million Americans were enrolled in two states each
c. 68,725 were enrolled in three; and
d. "[ HYPERLINK "http://www.redstate.com/california_yankee/2016/11/28/team-trumpoffers-evidence-for-millions-voting-illegallyr 1 24 million, or one out of every eight,
voter registrations in the United States are no longer valid or are significantly
inaccurate"
5. The[ HYPERLINK "http://www.foxnews.com/opinion/2017/01/25/john-fund-and-hans-vonspakovsky-why-trumps-probe-voter-fraud-is-long-overdue.html"]by New York City officials who
"found they could vote in someone else's name 97 percent of the time without detection"
6. That in April, 2014, North Carolina "[ HYPERLINK
"https://townhall.com/columnists/deroymurdock/2017/01/28/why-do-democrats-fear-trumpsprobe-of-fake-voter-fraud-n2277853"]that 13,416 dead voters were registered, of whom 81
recently had voted"
7. A[ HYPERLINK "http://www.sciencedirect.com/science/article/pii/S0261379414000973"]
published in Electoral Studies Journal that found that in 2008 and 2010:
a. More than 25% of non-citizens were estimated to be registered to vote
b. Non-citizens may have cast as many as 2.8 million votes
c. "Non-citizen voting likely changed 2008 outcomes including Electoral College votes and
the composition of Congress"; and
d. "Non-citizen votes likely gave Senate Democrats the pivotal 60th vote needed to
overcome filibusters in order to pass health care reform and other Obama
administration priorities in the 111th Congress"

17-2361-A-006466

 8. A[ HYPERLINK "http://www.redstate.com/california_yankee/2016/11/28/team-trump-offersevidence-for-millions-voting-illegallyr ]finding that "more than 14 percent of non-citizens in
both the 2008 and 2010 elections indicated they were registered to vote"
9. A September, 2016[ HYPERLINK "https://publicinterestlegal.orefiles/Report_Alien-Invasion-inVirginia.pdf" ] by a non-partisan organization that found more than 1,000 illegal aliens had
registered to vote in just eight counties in Virginia, nearly 20% of whom voted, as well as Virginia
Democratic Gov. Terry McCauliffe's veto of a[ HYPERLINK
"http://freebeacon.com/issues/mcauliffe-vetoes-bill-investigate-virginia-voter-rolls-registeredeligible-votersr Ito require investigations of jurisdictions in the state whose voter rolls contain
more registered voters than citizens who are eligible to vote
10. That in January, 2017, it was reported that a[ HYPERLINK
"http://www.foxnews.com/opinion/2017/01/25/john-fund-and-hans-von-spakovsky-whytrumps-probe-voter-fraud-is-long-overdue.html" I "has estimated that up to 3 percent of the
30,000 people called for jury duty from voter-registration rolls over a two-year period were not
U.S. citizens"
11. A[ HYPERLINK "http://www.foxnews.com/opinion/2017/01/25/john-fund-and-hans-vonspakovsky-why-trumps-probe-voter-fraud-is-long-overdue.html" I that "[ HYPERLINK
"https://urldefense.proofpoint.com/v2/url?u=http3A login.voicebroadcasting.com_pollresults.wr-3Fpollid3D95719801960513001063615996390581&d=DwMFaQ&c=cnx1hd0QtepEQkpermZGwQ&r=ka
AUPcZhp01MvBc6jwa0VBiGZWXka6ART1tFuyOjLfc&m=OBB9v4e4EMEaAmP7i2J1d9IVcNcAiSD6i
hYpYoaWFtU&s=fS_Fqi2Y4f200oz4BKDYpb1MILmDfeHV8K-ZLO8x4MR4&e=" \t "_blank" I that
2.1 percent of noncitizens voted in the Nov.8 election"
12. There has been mysterious[ HYPERLINK
"6.%09https:/townhall.com/columnists/deroymurdock/2017/01/28/why-do-democrats-feartrumps-probe-of-fake-voter-fraud-n2277853"] by Democratic elected officials that:
a. By even raising the question of voter fraud, the "president is doing[ HYPERLINK
"http://www.reuters.com/article/us-usa-trump-election-idUSKBN1591FP" Ito himself
and to our country"; and
b. Even more suspiciously if voter fraud doesn't exist,[ HYPERLINK
"6.%09https:/townhall.com/columnists/deroymurdock/2017/01/28/why-do-democratsfear-trumps-probe-of-fake-voter-fraud-n2277853"]their allies "Fight it NOW!"
Moreover, if the President's charges are indeed baseless, then there should be[ HYPERLINK
"1.%09httpsitownhall.com/columnists/deroymurdock/2017/01/28/why-do-democrats-fear-trumpsprobe-of-fake-voter-fraud-n2277853" Ito federal investigators requesting and, if necessary,
subpoenaing or[ HYPERLINK "http://law.justia.comicasegfederal/appellatecourts/F2/306/222/89984/"][ HYPERLINK "https://www.gpo.gov/fdsys/pkg/USCODE-2010-

17-2361-A-006467

 title42/html/USCODE-2010-title42-chap2O-subchapll.htm"][ HYPERLINK
"http://law.justia.com/cases/federal/appellate-courts/F2/306/222/89984/"]voter records from all 50
states and cross-referencing them with federal lists such as:
1. The Department of Homeland Security(DHS)Systematic Alien Verification for Entitlements ([
HYPERLINK "https://www.uscis.gov/save/about-save" ]) that one election law expert[
HYPERLINK "https://townhall.com/columnists/deroymurdock/2017/01/28/why-do-democratsfear-trumps-probe-of-fake-voter-fraud-n2277853" ]"the ultimate alien database,"[ HYPERLINK
"https://www.uscis.gov/save/about-save"]"Verifies an applicant's immigration or citizenship
status within seconds," given that it[ HYPERLINK
"https://townhall.com/columnists/deroymurdock/2017/01/28/why-do-democrats-fear-trumpsprobe-of-fake-voter-fraud-n2277853"]"green card holders, foreign tourists, exchange students,
and those on work visas as well as illegals who have broken the law or otherwise surfaced on
Uncle Sam's radar", and/or separately
2. The[ HYPERLINK "https://www.dhs.gov/sites/default/files/publications/ois_lpr_pe_2012.pdf" I
Legal Permanent Residents ([ HYPERLINK "http://www.migrationpolicy.org/article/green-cardholders-and-legal-immigration-united-states" ]) in the United States, that is, the non-citizens
with Green Cards
3. The[ HYPERLINK "http://tprorg/post/imm igrants-working-illegally-us-file-tax-returns-withoutfear-deportation" \I "stream/OPrivacy" ]individuals with Individual Taxpayer Identification
Numbers([ HYPERLINK "http://www.irs.gov/Individuals/General-ITIN-Information" ]) issued by
the IRS,[ HYPERLINK "http://www.foxnews.com/opinion/2017/01/25/john-fund-and-hans-vonspakovsky-why-trumps-probe-voter-fraud-is-long-overdue.html" Ito illegal aliens
4. The[ HYPERLINK "https://www.nilc.org/wp-content/uploads/2016/02/DACA-3-year-statusreport-2015-08-14.pdf"]recipients of Deferred Action for Childhood Arrivals ([ HYPERLINK
"https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca"
]), Barack Obama's first illegal and unconstitutional amnesty; or
5. The[ HYPERLINK "http://www.brycs.org/aboutRefugees/refugee101.cfm"] refugees and asylees
still in the United States who have not become naturalized citizens or LPRs.
Such an inquiry should be able to identify concerns nationwide, and remedy them with updates to voter
rolls, criminal investigations, and appropriate sentences, including deportations.
Regardless of what mainstream media outlets[ HYPERLINK
"https://www.nytimes.com/2017/01/23/us/politics/donald-trump-congress-democrats.html" ], voter
fraud and illegal voting is widespread in America, and should be reduced or eliminated to ensure the
integrity of our representative republic.

17-2361-A-006468

 Message
From:
Sent:
To:
Subject:

Kris Kobach

6/30/2017 6:59:25 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];'Paoletta, Mark R. EOP/OVP'
[Mark.R.Paoletta@ovp.eop.gov]
RE: Talking Points

Perfect.
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.govj
Sent: Friday, June 30, 2017 1:50 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Kris Kobach
Subject: RE: Talking Points
With the FOIA addition:
What will the commission make public?
Under the Federal Advisory Committee Act(FACA),the Commission will make documents, reports and other materials
public once they are made available to or prepared for or by the Commission as a whole. No reports submitted to the
full Commission will contain any personal or identifying information from state voter rolls, unless such information has
already been made public in the course of a criminal proceeding or other public process.
An exemption to the Freedom of Information Act(FOIA) permits the Commission to withhold information that would
otherwise be disclosed pursuant to FACA if such disclosure would "constitute a clearly unwarranted invasion of personal
privacy." The Commission does not intend to release any personally identifiable information publicly.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Paoletta, Mark R. EOP/OVP
Sent: Friday, June 30 2017 1:45 PM
To: Kris Kobach
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Talking Points
We can look but not sure here is one that requires publicly available info to be kept confidential
Mark Paoletta
Counsel to the Vice President

Sent from my iPhone
> On Jun 30, 2017, at 1:41 PM, Kris Kobach <
i> wrote:
>
> Looks fine. One thought. If you can add, in the confidentiality paragraph,
> a name of a federal statute or statutory cite that would be helpful (ie,
17-2361-A-006469

 > "will be kept confidential, as required by the
Act of 19_1.
>
>
Original Message
> From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
> Sent: Friday, June 30, 2017 12:19 PM
> To:
> Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
> Subject: Talking Points
>
> Kris,
>
> Please see the attached and let me know if you're ok with this or have any
> changes.
>
> Thanks,
> Andrew
>

17-2361-A-006470

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

6/30/2017 6:49:43 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]; Kris Kobach
RE: Talking Points

]

With the FOIA addition:
What will the commission make public?
Under the Federal Advisory Committee Act(FACA),the Commission will make documents, reports and other materials
public once they are made available to or prepared for or by the Commission as a whole. No reports submitted to the
full Commission will contain any personal or identifying information from state voter rolls, unless such information has
already been made public in the course of a criminal proceeding or other public process.
An exemption to the Freedom of Information Act(FOIA) permits the Commission to withhold information that would
otherwise be disclosed pursuant to FACA if such disclosure would "constitute a clearly unwarranted invasion of personal
privacy." The Commission does not intend to release any personally identifiable information publicly.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Paoletta, Mark R. EOP/OVP
Sent: Friday, June 30, 2017 1:45 PM
>
To: Kris Kobach <
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: Talking Points
We can look but not sure here is one that requires publicly available info to be kept confidential
Mark Paoletta
Counsel to the Vice President

Sent from my iPhone
> On Jun 30, 2017, at 1:41 PM, Kris Kobach <
> wrote:
>
> Looks fine. One thought. If you can add, in the confidentiality paragraph,
> a name of a federal statute or statutory cite that would be helpful (ie,
> "will be kept confidential, as required by the
Act of 19_1.
>
>
Original Message
> From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
> Sent: Friday, June 30, 2017 12:19 PM
> To:
> Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
> Subject: Talking Points
17-2361-A-006471

 >
> Kris,
>
> Please see the attached and let me know if you're ok with this or have any
> changes.
>
> Thanks,
> Andrew
>

17-2361-A-006472

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
6/30/2017 5:49:14 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
Kris Kobach [
I
Re: Talking Points

FACA disclosures are subject to FOIA exceptions, so we could cite one of those to justify withholding. I
need a minute to run that down
> On Jun 30, 2017, at 1:44 PM, Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov> wrote:
>
> We can look but not sure here is one that requires publicly available info to be kept confidential
>
> Mark Paoletta
> Counsel to the Vice President
>
>
>
> Sent from my iPhone
>
» On Jun 30, 2017, at 1:41 PM, Kris Kobach
wrote:
»
» Looks fine. One thought. If you can add, in the confidentiality paragraph,
» a name of a federal statute or statutory cite that would be helpful (ie,
» "will be kept confidential, as required by the
Act of 19_2).
»
»
Original Message
» From: Kossack, Andrew 3. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
» Sent: Friday, June 30 2017 12:19 PM
» To:
» Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
» Subject: Talking Points
»
» Kris,
»
» Please see the attached and let me know if you're ok with this or have any
» changes.
»
» Thanks,
» Andrew

limillimill,

>>

17-2361-A-006473

 Message
From:
Sent
To:
CC:
Subject:

Kris Kobach
6/30/2017 5:26:37 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov]
RE: Talking Points

Looks fine. One thought. If you can add, in the confidentiality
paragraph, a name of a federal statute or statutory cite that would be
helpful (ie, "will be kept confidential, as required by the
Act of
19_2).
Original Message
From: Kossack, Andrew 3. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, June 30 2017 12:19 PM
To:
Cc: Pao etta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>
Subject: Talking Points
Kris,
Please see the attached and let me know if you're ok with this or have any
changes.
Thanks,
Andrew

17-2361-A-006474

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@oyp.eop.gov]
7/18/2017 4:23:09 PM
Agen,Jarrod P. EOP/OVP [Jarrod.P.Agen@oyp.eop.goy]; Kris Kobach[
; Paoletta, Mark R.
EOP/OVP [Mark.R.Paoletta@oyp.eop.goy]; Lotter, Marc E. EOP/OVP [Marc.E.Lotter@oyp.eop.goy]
RE: Tally of states

No word from the judge yet...
From: Agen, Jarrod P. EOP/OVP
Sent: Tuesday, July 18 2017 12:22 PM
To: Kris Kobach <
; Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Kossack, Andrew
J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Subject: RE: Tally of states
Yes, we'll need latest number for Kris and other who will be on TV tomorrow.
From: Kris Kobach [mailto:
Sent: Tuesday, July 18, 2017 12:20 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>; Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>; Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov>
Subject: Tally of states
All,
Here's an AP story that looks pretty accurate, with 30 states listed as partially providing data (meaning YES they are
complying by providing all publicly available data). This might be useful in bringing our own tally up to date.
>https://www.washingtonpost.cominationaliglance-how-states-are-handling-yoter-informationreduest/2017/07/08/f5b979dc-63a3-11e7-80a2-8c226031ac3f story.html?utm term=.739963704a90<
Kris
PS-Any word from the judge yet?

17-2361-A-006475

 Message
From:
Sent:
To:
Subject:

von Spakovsky, Hans [/0=THF/OU=THEDC/CN=RECIPIENTS/CN=SPAKOSKYHI
7/12/2017 1:46:41 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: title?

Radio hits went fine and I also did an interview on the local Fox 5 affiliate defending the commission.
On Jul II, 2017, at 7:53 PM,Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@oiip.eop.gov> wrote:
Got it. Thank you. How'd it go on the radio?
Andrew J. Kossack
Associate Counsel
Office ofthe Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
On Jul 11, 2017, at 7:51 PM,von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org> wrote:
See slight change below.
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
heritage.org

On Jul 11, 2017, at 6:50 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Hi Hans,
I'm about to list our members publicly on a WhiteHouse.gov
webpage, and just wanted to confirm your preferred title. Here's
what I have at this point, but please let me know if you want
something else.
* Hans von Spakovsky, Senior Legal Fellow and Manager of
Election Law Reform Initiative, Edwin Meese Center for Legal &
Judicial Studies, The Heritage Foundation
Thanks!
Andrew
Andrew J. Kossack
17-2361-A-006476

 Associate Counsel
Office ofthe Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006477

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/19/2017 1:31:19 AM
von Spakovsky, Hans [/0=THF/OU=THFDC/cn=Recipientsicn=spakoskyh]
RE: updated agenda; draft by-laws

Thanks for sending these, Hans.
Yes, you're cleared now. Sorry for the confusion. Once it's been more than a few days since you visited, we have to go
through the entire process again to create a new "appointment" for you. It's a pain, but you're good to go.
See you tomorrow!

From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Tuesday, July 18, 2017 4:26 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: updated agenda; draft by-laws
Andrew,
Since we will not have time for my PowerPoint presentation, I will simply bring copies to hand out to the commission
members.
Attached is a copy of the PowerPoint.
Additionally, I will be bringing printed out copies of the Heritage voter fraud database. Here is the hyperlink to that
database: >http://thf-legal.s3.amazonaws.com/VoterFraudCases.pdf<

Have I been cleared for entry? Mark called me to tell me I was not on the list. So I went to the White House website
and filled in the information again.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
beritagc.org
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, July 18, 2017 4:19 PM
>; cwlawson@sos.in. ov•
To:'Kris Kobach' <
Christy McCormick <
; Mark Rhodes
<mrhodes@woodcountywv.com>; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>; Christian Adams
<adams@electionlawcenter.com>; Alan L. King
‹>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov>
Subject: updated agenda; draft by-laws
Dear Members,
17-2361-A-006478

 As you can see from the attached revised agenda, the schedule has been adjusted slightly to ensure we have sufficient
time for the public meeting. The ceremonial swearing in will no longer happen at the public meeting. Instead, you will be
sworn in following the required briefings in the morning and just prior to proceeding to the public meeting room.
Vice Chair Kobach has asked me to send the attached draft set of by-laws for your review. During tomorrow's meeting,
the Commission will adopt by-laws to govern the Commission's operations, and the Vice Chair thought it would be
helpful to share with you his proposed draft by-laws. These by-laws were modeled after sample by-laws published by
the General Services Administration on its website.
If you plan to bring any documents with you tomorrow to distribute to the other members, please send me an electronic
copy so that we can make copies for you here. Having the documents in advance will help us ensure we can make them
available in a timely manner to the public on the webpage.
Last thing: A scheduling note. The Vice President needs to depart the meeting at noon. Therefore, we ask that you limit
your opening remarks to no more than five minutes each. We'll have more flexibility with timing during the discussion
session after the break.
Thank you,
Andrew
Andrew J. Kossack
Executive Director and Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006479

 Message
From:
Sent:
To:

Kris Kobach [
6/27/2017 6:06:32 PM
'Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov];'Christian Adams'
[adams@electionlawcenter.com];'von Spakovsky, Hans'[Hans.VonSpakovsky@heritage.org]
CC:
'Paoletta, Mark R. EOP/OVP'[Mark.R.Paoletta@ovp.eop.gov];'Morgan, Matthew E. EOP/OVP'
[Matthew.E.Morgan@ovp.eop.gov]
Subject:
RE: updated drafts (+1)
Attachments: Clerk Request Letter-with KK edits.docx; Voter Roll Request-with KK edits.docx; Generalized SoS Request-with KK
edits.docx

All ,
I have made a number of edits, in particular to the way we describe the
information requested. My edits are in track changes mode
These should be
good to go at this point. Thanks.
Kris
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 27, 2017 11:17 AM
To: Christian Adams <adams@electionlawcenter.com›;
'von
Spakovsky, Hans' <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: updated drafts (+1)
Thanks - that's a great catch and helpful context. I'll swap "intimidation"
for "suppression."
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell.
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Christian Adams [mailto:adams@electionlawcenter.com]
Sent: Tuesday, June 27, 2017 12:12 PM
To: Kossack Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›;
'von Spakovsky, Hans' <Hans.VonSpakovsky@heritage.org>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: RE: updated drafts (+1)
A stylistic note. There is no such thing as "voter suppression." I did an
extensive memorandum on this for the Justice Department when I was there.
There is a prohibition on voter intimidation in Section 11 of the Voting
Rights Act, and conspiracies to deprive individuals of exercising civil
rights in 18 USC 241 and 242 (under color of law), and forceful deprivation
of civil rights under 18 USC 245.
There is no statue mentioning the term "voter suppression." The foes of the
Commission, over the course of years, have adopted the term "voter
suppression" to characterize a wide range of procedures and laws with which
they disagree - both constitutional and unconstitutional. South Carolina
voter ID, for example, was labeled "voter suppression," even though federal
courts upheld it. Same with so many other laws - such as felon
disenfranchisement statutes - with which foes of the commission disagree.
They use the term to taint constitutional election procedures and to signal
to their supporters (and foes of the Commission) that a given procedure is
worthy of their wrath.
I raise this because I have advised folks over the years NOT to adopt their
extra-statutory language. There is a well -established backdrop of statutes
(such as the ones cited above) that prohibit a variety of behavior - such as

17-2361-A-006480

 intimidation of voters, conspiracies to
force to deprive civil rights. Calling
suppression" lumps these crimes in with
as South Carolina voter ID or residency

deprive civil rights and the use of
any of these crimes "voter
the procedures they also hate, such
requirements.

It is their very savvy way to blend the non-criminal in with the criminal to
advance their agenda.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 27, 2017 9:20 AM
To:
; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›;
Christian Adams <a ams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: updated drafts (+1)
Thanks again for all your feedback. I've incorporated Christian's and Hans'
changes in these versions.
Also attached is a more general letter inviting chief election officials to
provide their input (see "Generalized SoS Request"). I reworked the voter
roll letter in light of that addition, as you'll see.
We welcome your thoughts on these versions, which we hope are close to
final. As soon as everyone's comfortable with the substance, we'll make some
final formatting changes to conform to style conventions, clean these up,
and prep for signatures.
Thanks,
Andrew
Andrew J.
Associate
Office of
Cell:
Email: An

Kossack
Counsel
the Vice President
rew.J.Kossack@ovp.eop.gov

17-2361-A-006481

 EMBED AcroExch.Document.11 1

June 28,2017

ADDRESS
ADDRESS
ADDRESS
ADDRESS

MAI

Dear

I serve as the Vice Chair for the Presidential Advisoiy Co
ion on Election Integrity
("Commission"), which was forrned pursuant to Exec
13799 of May 11,2017
("Order")...The Commission is charged with studyi th"regis1'
and voting processes used
e Presiden
in fFederal elections and making recornmendati
e United States that will
tegrity of flzedera
increase the American people's confidence in
ions processes.
[Rs 33 3 33

•

LC

33,

endeavor to cooperate with the Commission."

.Comment [10.]: I hose are:-.'t (2C...1t.Ve agenc:es.
hIightin th,5 maycoo some to

To support the Commission's workA
uesting a list of all individuals determined to be
ederal jurViduty in your district due to death,
ineligible or who were otherwise exct
$on,or lack of I.Jnitecl States citizenship._ For
relocation outside of the jurisdiction, fe
each of the previous f
04)calen
ears(200713-2016), please list the names of all
6r other identifying information asSdiciated with individual, and
such individuals, any ad:
the reason forjury duty ineligibiliiy
If you do not have-maintain a list of such:individnals, we are requesting copies of all documents
in your possession regarcii112 such reque4ko be cNeilt ed fromjury duty, and requesting•any data
compilations, summaries or other documents.describ" k the extent of individuals excused for
jury dtay der the circurnstanceklescribed abiiVe Additionally, please identify the sources
used by iy:'• yatir office to Obtain the names of potential jurors.
You may subrn4this informati
"mailto:Electionln

Staff@ov

Commission staff a
July 14,2017.

0,same

lectronically to[ HYPERLINK
p.gov"1. _If you have any questions, please contact
address. We would appreciate receiving your response by

These records will be maintained pursuant to the Presidential Records Act of 1978. The records
will be used solely for purposes ofinforming the Commission's work under Executive Order
13799, and no personally identifiable information will be released publiclyto the public.
Thank you for your assistance with in fulfilling this request.

Sincerely,

17-2361-A-006482

 Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006483

 [ EMBED AcroExch.Document.11
June 28,2017

ADDRESS
ADDRESS
ADDRESS
ADDRESS
Dear
Executive Order 13799 of May 11,2017.charges the Pre.
al Advisory Commission on
Election Integrity ("Commission")with identifying,
-things,"those vulnerabilities in
voting systems and practices used for Federal eIectij at cou
d to improper registrations
and improper voting, including fraudulent voter "' 5 ations and f
lent voting."
In order for the Commission to fully analyze
abilities and issues related to voter
registration and voting, I am requesting the compl voter rq1jpr the [INSERT
JC*twMt],including bliget--1-it
and last narms..i.g0
33
registrants, middle names or initialaaVailable, addre
dates of birth,
political party (if recorded in your state). last four digits o SOcial security number if available
voter history (elections voted in)from 2000 onward. active/inactive status, cancelled status.
record-information Nilardingil 4ny felony oonvictions, rocord.inforination regarglingef voter
and overseas citizen
registration in another state irl1irnauon re a MR militaiyirs,
q
ill
information.

leam

fffEEf

ittliCildratimatehagt
aeas

3.5 assumethat aftare:ci

You may submit the-your stale's voter roll data electronically to the Safe Access File Exchange
("SAFE"), wi/iks. a secure FTP site the Federal government uses for transfening large data
files. .You emit acs the Sj\FF site at [ HYPERLINK
"https://safe.amrdec.army.rnilisate/Welcome.aspx" I. We would appreciate receiving your voter roll
by July 14. 2017.
These records will be maintain
ursuan i.'
o
i the Presidential Records Act of 1978. The records
will be kept confidential and us i.olely for purposes of informing the Commission's work
under Executive Ordilb
,q 799. ,Ipersonally identifiable infoimation will be released to the
publicp-uhliely. The daL
estroyed when the Commission completes its work,with. the
exception of any evidence
ating commission of a federal crime.
If you have any questions, please contact the Commission staff at[HYPERLINK
"maiIto:E I ection I ntegrityStaff@ovp.eop.gov"

Thank you for all ofthe work you do each day to maintain the integrity of the elections yeuadministerin your state and to ensure that all Americans are able to exercise their rights to vote.

Sincerely,

17-2361-A-006484

 Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006485

 [ EMBED AcroExch.Document.11

June 28, 2017

ADDRESS
ADDRESS
ADDRESS
ADDRESS
Dear

ELECTION OFFICIAL]

I serve as the Vice Chair for the Presidential Advisory Commission on Election Integrity
("Commission"), which was formed pursuant to Executive Order 13799 of May 11, 2017
("Order"). _The Commission is charged with studying the registration and voting processes used
in fizederal elections, making its findings public, and making recommendations to the President
ofthe United States that will increase the American people's confidence in the integrity of
federal elections processes.
As the Commission begins it work,I invite you to contribute your views and recommendations
throughout this process. In particular:
I. What evidence or information do you have regarding instances of voter fraud or
registration fraud in your state?
2. What convictions for election-related crimes have occurred in your state since the
November 2000 federal election?
.What changes to voter registration systems and processes would you recommend to
enhance the integrity offederal elections?
24.How can the Commission support state and local election administrators concerned
abeutwith regard to information technology security and vulnerabilities?
3,5.What laws, policies, or other issues hamper your authority as an election administrator or
hinder your ability to ensure the integrity of elections you administer?
4,6.What recommendations do you have for preventing voter suppression intimidation or
disenfranchisement?
:4,7.What other issues do you believe the Commission should consider?
On behalf of my fellow commissioners, I also want to acknowledge your key-important
leadership role in supervising administering.the elections within your state, and the importance
of state-level authority in our fizederalist system—as recognized in Article I. sections 2 and 4, as
well as in the Seventeenth Amendment of the United States Constitution. It is crucial for the
Commission to consider your input as it identifies issuescollects data and identifies areas of
opportunity to increase the integrity of our election systems.
You may submit your feedback electronically to[ HYPERLINK
umailto:ElectionIntegrityStaff@ovp.eop.gov" ]..We would appreciate a response by July 14, 2017.
Please be aware that any documents that are ultimately submitted to the full Commission will

17-2361-A-006486

 I also be made available to the public. „If you have any questions, please contact Commission staff
at the same email address.
I I look forward to hearing from you and working with you in the time months ahead.
Sincerely,

Kris W.Kobach
Vice Chair
Presidential Advisory Commission on Election Integrity

17-2361-A-006487

 Message
From:
Sent:
To:

CC:

Subject:

Christian Adams [adams@electionlawcenter.com]
6/27/2017 4:12:12 PM
Kossack, Andrew J. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=39ff6c312e514f0fac9dd16139907782-Ko];
;'von
Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
Paoletta, Mark R. EOP/OVP [/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=8aba9b5542f6420a92cc812de2026bb8-Pa]; Morgan, Matthew E. EOP/OVP
[/o=Exchange Organization/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=4f932f0d4b284d1c8583feab97894024-Mo]
RE: updated drafts(+1)

A stylistic note. There is no such thing as "voter suppression." I did an
extensive memorandum on this for the Justice Department when I was there.
There is a prohibition on voter intimidation in Section 11 of the Voting
Rights Act, and conspiracies to deprive individuals of exercising civil
rights in 18 USC 241 and 242 (under color of law), and forceful deprivation
of civil rights under 18 USC 245.
There is no statue mentioning the term "voter suppression." The foes of the
Commission, over the course of years, have adopted the term "voter
suppression" to characterize a wide range of procedures and laws with which
they disagree - both constitutional and unconstitutional. South Carolina
voter ID, for example, was labeled "voter suppression," even though federal
courts upheld it. Same with so many other laws - such as felon
disenfranchisement statutes - with which foes of the commission disagree.
They use the term to taint constitutional election procedures and to signal
to their supporters (and foes of the Commission) that a given procedure is
worthy of their wrath.
I raise this because I have advised folks over the years NOT to adopt their
extra-statutory language. There is a well -established backdrop of statutes
(such as the ones cited above) that prohibit a variety of behavior - such as
intimidation of voters, conspiracies to deprive civil rights and the use of
force to deprive civil rights. Calling any of these crimes "voter
suppression" lumps these crimes in with the procedures they also hate, such
as South Carolina voter ID or residency requirements.
It is their very savvy way to blend the non-criminal in with the criminal to
advance their agenda.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, June 27, 2017 9:20 AM
To:
; von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org›;
Christian Adams <a ams@electionlawcenter.com>
Cc: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov›; Morgan, Matthew
E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: updated drafts (+1)
Thanks again for all your feedback. I've incorporated Christian's and Hans'
changes in these versions.
Also attached is a more general letter inviting chief election officials to
provide their input (see "Generalized SoS Request"). I reworked the voter
roll letter in light of that addition, as you'll see.
We welcome your thoughts on these versions, which we hope are close to
final. As soon as everyone's comfortable with the substance, we'll make some
final formatting changes to conform to style conventions, clean these up,
and prep for signatures.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President

17-2361-A-006488

 C911:
Ema?: Andrew: . Kossack@0vp.eop.gov



Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/6/2017 2:15:05 PM
von Spakovsk Hans 0=TH F OU=THFDC/cn=Recipients/cn=spakoskyh]
'Kris Kobach'
; a@electionlawcenter.com
RE: voter data

Thanks, Hans.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Thursday, July 6, 2017 9:39 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Cc:'Kris Kobach' <I
>; a@electionlawcenter.com
Subject: voter data
Wanted to pass on that I got a call yesterday from my former FEC colleague, Dave Mason, who was one of the other
Republican commissioners. He now works for Aristotle, which provides voter data to candidates. He told me they have
voter registration information on every state if needed. Contact:
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
heritage.org

17-2361-A-006490

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/6/2017 2:15:05 PM
von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
'Kris Kobach [
I; a@electionlawcenter.com
RE: voter data

Thanks, Hans.
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Thursday, July 6, 2017 9:39 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Cc:'Kris Kobach' <
>; a@electionlawcenter.com
Subject: voter data
Wanted to pass on that I got a call yesterday from my former FEC colleague, Dave Mason, who was one of the other
Republican commissioners. He now works for Aristotle, which provides voter data to candidates. He told me they have
voter registration information on every state if needed. Contact:
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
heritage.org

17-2361-A-006491

 Message
From:
Sent:
To:
Subject:

Wagner, John [
9/15/2017 3:17:42 PM
Re: Washington Post questions re election integrity commission

Hi Kris. Circling back on this. Wondering if you might have a few minutes today.

John Wagner
The Washington Post
Email:
Mobile:
Desk:
Twitter: @WPJohnWagner

From: Wagner,John
Sent: Thursday, September 14, 2017 9:19:09 AM
To:
Subject: Washington Post questions re election integrity commission

Hi. We're working on a piece in the wake of this week's meeting in New Hampshire. I'd love to get your
responses to these questions, either by phone or email. Best number for me today is
1) Could you clarify your comments about prospects for the commission making recommendations? When you
said there is a "high possibility" it won't make recommendations, were you referring specifically to data
collection from the states or speaking more broadly? If there are no recommendations, what kind of work
product should we expect from the commission and when?
2) Were you satisfied with the substance of the meeting in New Hampshire? Is this a model for how future
meetings will unfold?
3) In recent days, a couple of Democrats on the commission have questioned the pledge that there are no preordained conclusions, given what they saw as a stacked lineup of witnesses at the meeting in New Hampshire
and your piece in Breitbart. Is that pledge still operative?
4) How do you feel about the concerns expressed by Hans von Spakovsky in his February email, particularly
those regarding the service of Democrats and mainstream Republicans on the commission. Some have
suggested von Spakovsky should resign from the commission. Do you have a position on this?
5) Is the next meeting scheduled? If so, where it will be? Are there plans to welcome public in-person
testimony at any of the future meetings?

John Wagner
The Washington Post
Email:
Mobile:
Desk:
Twitter: @WPJohnWagner

17-2361-A-006492

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 3:57:54 PM
von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
RE: Andrew, would like to request seats for two guests at the Sept. 12 meeting

Thanks, Hans. John's on the list already. I'll see if we can get Fred in also. Will confirm ASAP.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, September 8, 2017 11:55 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Andrew, would like to request seats for two guests at the Sept. 12 meeting
John Fund
Fred Lucas
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002

17-2361-A-006493

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/11/2017 1:51:34 PM
von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
Re: Andrew, would like to request seats for two guests at the Sept. 12 meeting

Hi Hans - Fred Lucas is confirmed. Sorry for not circling back sooner. Safe travels!

On Sep 8, 2017, at 11:57 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Thanks, Hans. John's on the list already. I'll see if we can get Fred in also. Will confirm ASAP.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, September 8, 2017 11:55 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Andrew, would like to request seats for two guests at the Sept. 12 meeting
John Fund
Fred Lucas
Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
heritage.org

17-2361-A-006494

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/21/2017 3:00:38 PM
von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Re: call today?

Sorry- held up for a second. We'll call you in 5 minutes.
Sent from my iPhone
> On Aug 21, 2017, at 9:44 AM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Will do. Thanks
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel Office of the Vice President
> Cell:
> Email: An rew.J.Kossack@ovp.eop.gov
>
>
>
Original Message
> From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
> Sent: Monday, August 21, 2017 9:41 AM
> To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
> Subject: RE: call today?
>
> Yes, call me.
>
>
>
> Hans von Spakovsky
> Manager, Election Law Reform Initiative and Senior Legal Fellow
> Institute for Constitutional Government
> The Heritage Foundation
> 214 Massachusetts Avenue, NE
> Washington, DC 20002
>
> heritage.org
>
>
Original Message
> From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
> Sent: Monday, August 21, 2017 9:08 AM
> To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
> Subject: call today?
>
> Hi Hans,
>
> Hope you had safe travels and a great trip. Any chance you're free this morning at 11:00 for a quick
call?
>
> Thanks,
> Andrew
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>
>

17-2361-A-006495

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/1/2017 4:27:20 PM
Christian Adams [adams@electionlawcenter.com]; Hans von Spakovsky [Hans.VonSpakovsky@heritage.org]
RE: Commission Meeting

Thanks, Christian. We'll add these to the stack for pre-publication.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
From: Christian Adams[mailto:adams@electionlawcenter.com]
Sent: Friday, September 1, 2017 11:37 AM
To: Hans von Spakovsky <Hans.VonSpakovsky@heritage.org>; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Subject: Commission Meeting
Andrew — I am going to ask questions of witnesses about some issues in these cases. I don't know if that means the
materials should be available prior to the hearing or not. I will leave that to you. But the important thing is that courts
have found that having more people on the voter rolls than people alive creates a strong inference that federal law is
being violated. These cases all touch on this point.

17-2361-A-006496

 Message
From:
Sent:
To:
Subject:

Andrew Appel [appel@CS.Princeton.EDU]
8/23/2017 12:36:31 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: connection from Sec. Bill Gardner

I'm in my office,
Today I'm available until 10:50am,
tomorrow most of the day between 8am and 4:30pm.
Sincerely,
Andrew Appel

From:"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov>
To: "appel@cs.princeton.edu" <appel@CS.Princeton.EDU>
Sent: Wednesday, August 23, 2017 8:15:57 AM
Subject: connection from Sec. Bill Gardner
Dr. Appel,
My name is Andrew Kossack, and I am contacting you regarding the Presidential Advisory
Commission on Election Integrity. Secretary Gardner mentioned that he has spoken with you
about appearing at an upcoming commission meeting and shared your contact information. I
am hoping to connect with you soon to introduce myself and discuss the meeting with you.
Are you available sometime in the next day or so for a brief call?
Looking forward to connecting with you soon. Thanks for your interest in participating.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006497

 Message
From:
on behalf of
Sent:
To:
Subject:

Ronald L. Rivest [rivest@mit.edu]
8/23/2017 5:44:20 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop goy]
Re: connection from Sec. Bill Gardner

Hi Andrew -Be happy to talk about the 9/12 meeting etc...
My cell is
(Pacific time...)

. You can try me this morning

Cheers,
Ron
On Wed, Aug 23,2017 at 5:17 AM,Kossack, Andrew J EOP/OVP <Andrew.J.Kossack@ovp.eop gov> wrote:
Prof. Rivest,
My name is Andrew Kossack, and I am contacting you regarding the Presidential Advisory Commission on
Election Integrity. Secretary Gardner mentioned that he has spoken with you about appearing at an upcoming
commission meeting. I am hoping to connect with you soon to introduce myself and discuss the meeting with
you. Are you available sometime in the next day or so for a brief call?
Looking forward to connecting with you soon. Thanks for your interest in participating.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Emai
•rew. ossackRovp.eop.gov

Ronald L. Rivest
Room 32-G692, Stata Center, MIT, Cambridge MA 02139
Tel
,Email <rivestAmit.edu>
>http://people.csail.mit.edu/rivest<

17-2361-A-006498

 Message
From:
Sent:
To:
Subject:

Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
9/7/2017 10:59:29 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: contact

Thanks. will move it over tomorrow.
Sent from my iPhone
>
>
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>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
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On Sep 7, 2017, at 6:56 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
Here's Ken Block's presentation
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Ken Block [mailto:kblock@simpaticosoftware.com]
Sent: Thursday, September 7, 2017 5:18 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: contact
Should I plan on bringing my laptop to NH? Will the presentation be cued up
already for projection somehow?
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Thursday, September 07, 2017 5:12 PM
To: kblock@simpaticosoftware.com
Subject: contact

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.3.Kossack@ovp.eop.gov
<Data Mining for Potential Voter Fraud.pptx>

17-2361-A-006499

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/7/2017 10:56:13 PM
Ken Block [kblock@simpaticosoftware.com]
RE: contact

Thanks, Ken.
To err on the safe side, it might be best to bring your laptop. We understand St. Anselm's will have
equipment there to pull up the presentations, but I'd probably want to have my machine as a failsafe just
in case.
One question for you: Do you want us to post the GAI report and/or the Simpatico report underlying the
GAI report? Peter was planning on having us post the GAI and I think you said you wanted us to go ahead
and post that, but just wanted to confirm.
Thanks again for doing this on such short notice!
Andrew
Andrew 3.
Executive
Associate
Cell:
Email: An

Kossack
Director, Presidential Advisory Commission on Election Integrity
Counsel Office of the Vice President
rew.3.Kossack@ovp.eop.gov

Original Message
From: Ken Block [mailto:kblock@simpaticosoftware.com]
Sent: Thursday, September 7, 2017 5:18 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: contact
Should I plan on bringing my laptop to NH? Will the presentation be cued up
already for projection somehow?
Original Message
From: Kossack, Andrew 3. EOP/OVP [mailto:Andrew.3.Kossack@ovp.eop.gov]
Sent: Thursday, September 07, 2017 5:12 PM
To: kblock@simpaticosoftware.com
Subject: contact

Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.3.Kossack@ovp.eop.gov

17-2361-A-006500

 Message
From:
Sent:
To:
Subject:
Attachments:

Ken Block [kblock@simpaticosoftware.corn]
9/7/2017 9:18:14 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: contact
Data Mining for Potential Voter Fraud.pptx

Flag:

Follow up

should I plan on bringing my laptop to NH? Will the presentation be cued up
already for projection somehow?
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
sent: Thursday, September 07, 2017 5:12 PM
To: kblock@simpaticosoftware.com
subject: contact

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell: 1111111111111
Email: Andrew.l.Kossack@ovp.eop.gov

17-2361-A-006501

 Data Mining for Potential Voter Fraud
Findings and Recommendations

Simpatico

n

software systems

17-2361-A-006502

 Does voter fraud exist?
studies don't look for fraud
No government agency is looking for voter fraud
Getting data from all 50 states is very difficult

§'
1 Most

If you do not search for it, you will not find it

0E

,,
f
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 EIE
0 I 0000000 '
_E

17-2361-A-006503

 Challenges to looking for voter fraud
Some states deny access to data
Some states make access to data cost prohibitive
States do not provide all of the same data elements

The variability in access, quality, cost and
data provided impedes the ability to
examine voter activity between states

17-2361-A-006504

 The wide variabi ity in cost of voter data
avv, ae:r 1;30,£)<.0 ve;
3LOC

$1.064
,
1ti

SAISMS

resek

Sael".0

gate

a

17-2361-A-006505

 Finding: indicators of potentia voter fraud
Every state showed a percentage of duplicate voting
Approximately 8,500 pairs of duplicate votes among 21
states
Approximately 200 couples voted together in two
different states

We extrapolate that there would be 40,000
duplicate votes if data from every state
were available
0E
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 EIE
0 I 0000000 '
_E

17-2361-A-006506

 Voting twice is a felony
Up to 5 years in prison
Up to a $10,000 fine
These pairs of votes are either:
One person voting twice
One person voting properly and the matched vote is a case of
impersonation
Some form of clerical error

17-2361-A-006507

 We matched potential duplicate votes based on full first
and last names and full dates of birth.We allowed for
variability in middle names by using 'fuzzy matching'.
Potential matches were then screened by a commercial
database vendor with access to financial data including
full Social Security numbers.
Only pairs of votes where the social security numbers
matched are counted as high-confidence matches.
,
.
0000000000000001Iff
000000000000000Iff
00000

17-2361-A-006508

 Is a sample of 8,500 duplicate votes meaningful?
Millions of fraudulent votes not needed for huge impact
GeorgeVV. Bush became president by 537 votes in
Florida for an election where 5,825,043 votes were cast
Those 537 votes represented .0000921 of the
Florida vote

0E

Roughly 2,200 duplicate voters cast a ballot in the
2016 presidential election in Florida,four times
Bush's margin of victory in 2000

0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 EIE
0 I 0000000 '
_E

17-2361-A-006509

 These votes can impact state and local elections
More than 200 duplicate votes cast in Orlando

17-2361-A-006510

 Focus: Can a fake voter cast a ballot?
Finding:Yes, In Rhode Island
Confirmed by Rhode Island Secretary of State Gorbea
No Social Security number, no driver's license
s' Utility bill accepted as proof of identity for Voter ID
card

,
.
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17-2361-A-006511

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exagivMos :nesi alosteigiO zc makafresewe Lelt ft you .....:4:4.5relpie1er
enocau peee number,sesA se sect phona,ea ye:rancour:ft praneo ehnne
aumber. pi.ftego ,Ordt50. ngEoualo
...yadaie per

17-2361-A-006512

 Focus: How many voters cannot be identified by
their data?
30.7% of 2016 votes in Rhode Island were cast by voters
with no identifying information in voter registration
database
Impossible for State to maintain these voters
At least RI's Voter ID law requires positive ID to vote
It is vitally important to know how many voters in
each state cannot be identified by their data
,
.
00000000000000ofof
000000000000000of
00000

17-2361-A-006513

 Conclusion:Sample results indicate significant
issues
Data is not standardized between state
Poor data quality in some states
Lack of transparency — data not available from some
states
Indicators of potentially fraudulent votes
Ineffective oversight in some states
Lack of mechanism to enforce federal election integrity

17-2361-A-006514

 Recommendation: More analysis is needed
Analyze the other 29 states for duplicate voting
Look for duplicate voting in federal primaries
Determine votes made from non-residential addresses
Analyze potentially fraudulent votes by registration type
Use federal databases to help determine eligibility to
vote

,
.
00000000000000ofof
000000000000000of
00000

17-2361-A-006515

 Most in
Our elections infrastructure is susceptible to hacking
Most of the USA's 3,000+ counties are responsible for
their own elections infrastructure
Voting machines have been proven readily hacked
State and county responses are not commensurate with
the seriousness of this problem which impacts local, state
and federal elections
,
.
00000000000000ofof
000000000000000of
00000

17-2361-A-006516

 Analysis indicates a high likelihood voter fraud.There is
likely much more to be found
Results are verifiable and re-creatable
,
k A comprehensive, data-driven understanding of our
country's voting integrity does not exist
This is a not a red issue or a blue issue

0E

,,
f
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 Eff
0 E 00000000 EIE
0 I 0000000 '
_E

17-2361-A-006517

 Message
From:
Sent:
To:
Subject:

Smith, Andrew [Andrew.Smith@unh.edu]
9/1/2017 3:40:58 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: contact

Thanks!!
Andrew E. Smith, Ph.D.
UNH Survey Center

Director, UNH Survey Center
Associate Professor of Practice, Dept. of Political Science
Survey Center:
1 Political science:
1 Cell:
CONFIDENTIALITY NOTICE:
This e-mail, including any attachments, is intended for the sole use of the intended recipient(s), even
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recipient, you are hereby notified that any use, dissemination, copying or retention of this e-mail or
the information contained herein is strictly prohibited. If you have received this e-mail in error,
please immediately notify the sender by telephone or reply by e-mail, and permanently delete this e-mail
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Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, September 01, 2017 9:05 AM
To: Smith, Andrew <Andrew.Smith@unh.edu>
Subject: contact

Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
Cell:
Email: An rew. J .Kossack@ovp.eop.gov

17-2361-A-006518

 Message
From:
Sent:
To:
CC:
Subject:

John Lott [johnrlott@crimeresearch.org]
8/22/2017 8:25:17 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Re: contact

Thanks, Andrew. BTW, I used to be a guest on Pence's radio show a few times before he went into politics.
John R. Lott, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
joluirlottAcrixneresearch.org

Crime Prevention
Research Center
•

t2research.org

On Tuesday, August22, 2017, at Tuesday, August 22,4:23 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Hi John,
It was nice speaking with you. My contact information is below. I'll circle back soon with
additional information about the next meeting, but please feel free to reach out to me anytime.
My colleague, Ron Williams, is cc'd here as well.
Thanks again,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: An rew.J.Kossack@ovp.eop.gov

17-2361-A-006519

 Message
From:
Sent:
To:
Subject:

Ken Block [kblock@simpaticosoftware.com]
9/8/2017 12:13:17 AM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: contact

Go ahead and post the gai report
Please forgive any typos, sent from my Verizon Wireless 4G LTE DROID
On Sep 7, 2017 6:56 PM, "Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
>
> Thanks, Ken.
>
> To err on the safe side, it might be best to bring your laptop. We understand St. Anselm's will have
equipment there to pull up the presentations, but I'd probably want to have my machine as a failsafe just
in case
>
> One question for you: Do you want us to post the GAI report and/or the Simpatico report underlying the
GAI report? Peter was planning on having us post the GAI and I think you said you wanted us to go ahead
and post that, but just wanted to confirm.
>
> Thanks again for doing this on such short notice!
>
> Andrew
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel office of the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>
>
>
Original Message
> From: Ken Block [mailto:kblock@simpaticosoftware.com]
> Sent: Thursday, September 7, 2017 5:18 PM
> To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
> Subject: RE: contact
>
> Should I plan on bringing my laptop to NH? Will the presentation be cued up
> already for projection somehow?
>
>
Original Message
> From: Kossack, Andrew 3. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
> Sent: Thursday, September 07, 2017 5:12 PM
> To: kblock@simpaticosoftware.com
> Subject: contact
>
>
>
> Andrew J. Kossack
> Executive Director, Presidential Advisory Commission on Election Integrity
> Associate Counsel Office of the Vice President
> Cell:
> Email: Andrew.J.Kossack@ovp.eop.gov
>

17-2361-A-006520

 Message
From:
Sent:
To:
Subject:

John Lott [johnrlott@crimeresearch.org]
9/8/2017 7:14:36 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: Delivery status notification

Thanks, Andrew.
John R. Lott, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
'ohnrlo crimeresearch.org

Prevention

111MM.

Research Center
crirneresearcn.or9

On Friday, September8, 2017, at Friday, September 8, 2:53 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Hi John,
I tried to send you all the materials for Tuesday's meeting, but got a bounce-back due to the file
sizes. I'll send you a link to the webpage where all ofthe materials will be posted later today.
Sorry about that.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
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Sent: Friday, September 8, 2017 2:28 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Delivery status notification
This is an automatically generated Delivery Status Notification.
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* johnrlott@crimeresearch org
17-2361-A-006521

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<Mail Attachment.eml>

17-2361-A-006522

 Wolfe, Kristina(CM
From:
Sent:
To:
Subject:
Attachments:

Williams, Ronald E. EOP/OVP
Thursday, September 14, 2017 11:06 AM
Kossack, Andrew J. EOP/OVP
RE: Election Commission Plan 9.14.2017
Draft Outline - Report Components (9.142217)400c

Hi Andrew,
Below is the outline for the possible components of the report -trimmed down. Word version is attached. Thoughts?
Trim down more? Additions?
Draft — Possible Components of Commission Report

IV.

V.
VI.

Introduction
Instances of VOter Fraud
a. Fraudulent registration
b. Duplicate voting,
c. Non-citizen voting
d. Improper use of absentee voting
Enhancing Voter Confidence and Preventing Voter Fraud
a. Data sharing (intra-state; inter-state; federal sources)
b. Voter registration list maintenance
c. Voter photo ID
d. Proof-of-citizenship requirements
Risks of Electronic Voting Machines
a. Cybersecurity(no evidence of hacking during 2016, presidential election)
b. Outdated 'votirig machines
State Data Results (statistical analysis from state registration lists)
Findings and Conclusions

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Thursday,September 14, 2017 10:39 AM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP
l'Oatthew.E.Morgan@ovp.eop.gov>; Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: Election Commission Plan 9.14.2017
New version attached.

17-2361-A-006523

 Draft Possible Components of Commission Report

1.

III.

..IV.

V..
Vt.

Introduction
Instances Of Voterfraud
a. Fraudulent registration
b.. Duplicate voting
c. 'Non-citizen voting
d. Improper use-.of absentee voting
Enhaticing VoterCortlidence and Preventing Voter Fraud
a. Data 4haring(intra-state; inter-state; federal sources)
b. Voterregistration list maintenance
'a, Vpter photb
d. PrOof-of-citize.nShip.reep.tiretnerits
Risks ofElectrOnit Voting Machines
a. Cybersecurity(no eyidence.ofbacking.during 2016
. presidential election)
b. Outdated votingMaChines.
State Data Results-(statistical analysis from state registration lists).
Findings and Conthisions

17-2361-A-006524

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
7/28/2017 7:19:03 PM
von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
RE: expert - highly recommended - used in several cases by attorneys whose judgment I trust

Great. Thanks again.
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.ord
Sent: Friday, July 28, 2017 2:47 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: expert - highly recommended - used in several cases by attorneys whose judgment I trust
Steven Camarota, Ph.D.
Director of Research
Center for Immigration Studies
202 466 8185
sac@cis.org

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207
heritage.org

17-2361-A-006525

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/12/2017 12:24:22 AM
johnrlott@crimeresearch.org
Re:[EXTERNALSOURCE] Re: Tomorrow's Meeting

Great. So sorry again about the hiccup today.
> On Sep 11, 2017, at 8:22 PM, "johnrlott@crimeresearch.org" <johnrlott@crimeresearch.org> wrote:
•
> Should be there by 10:30 tonight.
> John R Lott, Jr.
•
> President
> Crime Prevention Research Center
> johnrlott@crimeresearch.org
» http://crime< research.org
•
> Sent from my iPhone
» On Sep 11, 2017, at 7:40 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
» Dear Presenters,
» welcome to New Hampshire! Here are a few details for tomorrow's meeting.
» Please try to arrive at St. Anselm's by 8:30 a.m. The address is 8 St. Anselm Drive, Manchester, NH
03102. The Institute's auditorium is near the corner of St. Anselm Drive and Rockland Avenue.
» Parking is limited, so please make every effort to use cabs, other public transportation, or carpool.
I have attached a parking pass for those who will be driving. If you do not have the ability to print
this parking pass, please call me or Ron Williams (Ron's cell is
) when you arrive and we can
bring one out to you.
» Again, for your reference, meeting materials are posted here: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources.
•If you have any questions or concerns, please call.
•Thanks again!
•Andrew
•Andrew J. Kossack
•Executive Director, Presidential Advisory Commission on Election Integrity
•Associate Counsel Office of the Vice President
•Cell:
•Email: Andrew.J Kossack@ovp.eop.gov
Original Message
•From: Kossack, Andrew J. EOP/OVP
•Sent: Friday, September 8, 2017 2:22 PM
•To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
•Subject: Meeting Materials for Sept. 12th
» Thank you again for participating in the Presidential Advisory Commission on Election Integrity's
meeting on September 12th. We look forward to your presentation.
» I• 've attached the meeting materials for next week's meeting for your review. Please let us know if
there are any issues with your materials, or if you have any additional materials you'd like to present
to the Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
» If you have any questions, please let me know.
» Again, thank you!
» Andrew

17-2361-A-006526

 

PANELIST 





Message
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/12/2017 2:24:43 AM
Harri Hursti [scofield@nordicinnovationlabs.com]
Re:[EXTERNALSOURCE] Re: Tomorrow's Meeting

From:
Sent:
To:
Subject:

Hi Harri - No, you're certainly fine arriving later. The real challenge is parking, but if you're able to take a cab
or something you'd be fine. We can find parking later as well, but it might be more challenging. The 8:30 arrival
is more for the earlier panels.
Thanks,
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@,ovp.eop.gov
Cell:
Sent from my iPhone
On Sep 11, 2017, at 9:35 PM,Harri Hursti <scofield@nordicinnovationlabs.com> wrote:
Andrew,
As my panel is in afternoon, is there a reason for me to arrive 8:30?

Sco
On Sep 11, 2017 19:40,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov>
wrote:
Dear Presenters,
Welcome to New Hampshire! Here are a few details for tomorrow's meeting.
Please try to arrive at St. Anselm's by 8:30 a.m. The address is 8 St. Anselm Drive, Manchester,
NH 03102. The Institute's auditorium is near the corner of St. Anselm Drive and Rockland
Avenue.
Parking is limited, so please make every effort to use cabs, other public transportation, or
carpool. I have attached a parking pass for those who will be driving. If you do not have the
ability to print this parking pass, please call me or Ron Williams(Ron's cell is
when you arrive and we can bring one out to you.
Again,for your reference, meeting materials are posted here:
https-//www.whitehouse.gov/presidential-advisory-commission-election-integrity-resources.
If you have any questions or concerns, please call.
Thanks again!
Andrew
17-2361-A-006528

 Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election
Integrity's meeting on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if
there are any issues with your materials, or if you have any additional materials you'd like to
present to the Commission. We're in the process of posting the attached materials now,and will
need to post any additional materials before close of business today.
If you have any questions, please let me know.
Again,thank you!
Andrew

17-2361-A-006529

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/12/2017 9:51:38 PM
JOHN LOU [johndott@crimeresearch.org]
Re:[EXTERNAL] Is there a link to my testimony that I can watch tonight?

Sorry to hear. The recording is not up yet, but the video team said it should be posted tomorrow. I expect it to be
at this link, but I'll send you the direct link as soon as I get it:
ht-tps://m.youtube.com/watch?v=193GoVYTR5Q

WMUR also live streamed the whole thing, so they might have something posted
sooner: http://www.wmur.com/
Hope that helps.
Thanks again for your presentation today. It went well and certainly got people thinking/talking!
Sent from my iPhone
On Sep 12, 2017, at 5:44 PM,JOHN LOTT <johnrlott@crimeresearch.QW wrote:
Dear Andrew:
Is there a link to my testimony that I can watch tonight? The Washington Post and others are making claims
about the discussion today that do not fit my recollection. In particular, the claim that New Hampshire
Secretary of State William Gardener tried to call my bluff on my proposal.
>https://www.washingtonpost.cominews/politics/wp/2017/09/12/lets-see-what-happens-if-we-take-theunserious-background-checks-for-voters-idea-seriouslyk
I would really appreciate the help on this.
Thanks.
John

John R. Lott, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
johmiott@crimeresearch.org
(484)802-5373
<CPRC JPEGLetter.jpeg>

17-2361-A-006530

  

17-2361 -A-006531

Message
JOHN [OTT [johnrlott@crimeresearch.org]
9/12/2017 9:55:01 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re:[EXTERNAL] Is there a link to my testimony that I can watch tonight?

From:
Sent:
To:
Subject:

OK,thanks, I will just hope that they get it up tonight. I don't remember Gardner challenging me on the idea
and I talked to him afterwards, and he seemed very interested. He told me that he really liked the way that I
thought about things from a completely different angle. Anyway,thanks for inviting me. I hope that we can
flesh out some ideas that the staff can do.
Thanks.
John R. Loft, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
johnrlottAcrimeresearch.org
(484)802-5373

Crime Prevention
Research Center
crimerer -ch.org

On Sep 12, 2017, at 5:51 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.KossackAovp.eop.gov> wrote:
Sorry to hear. The recording is not up yet, but the video team said it should be posted tomorrow.
I expect it to be at this link, but I'll send you the direct link as soon as I get it:
>https://m.youtube.com/watch?v=193GoVJTR5Q<
WMUR also live streamed the whole thing, so they might have something posted
sooner: >http://www.wmur.com/<
Hope that helps.
Thanks again for your presentation today. It went well and certainly got people thinking/talking!
Sent from my iPhone
On Sep 12, 2017, at 5:44 PM,JOHN LOTT <johnrlott@crimeresearch.org> wrote:
Dear Andrew:
Is there a link to my testimony that I can watch tonight? The Washington Post and others are
making claims about the discussion today that do not fit my recollection. In particular, the
claim that New Hampshire Secretary of State William Gardener tried to call my bluff on my
proposal.
17-2361-A-006532

 >>https://www.washingtonpost.cominews/politics/wp/2017/09/12i1ets-see-what-happens-ifwe-take-the-unserious-background-checks-for-voters-idea-seriouslyk<;
I would really appreciate the help on this.
Thanks.
John

John R. Lott, Jr.,Ph.D.
President
Crime Prevention Research Center
»http://crimeresearch.org<<
johnrlott@crimeresearch.org
(484)802-5373
<CPRC JPEG Letter.jpeg>

<CPRC JPEG Letterjpeg>

17-2361-A-006533

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/12/2017 12:23:52 AM
Smith, Andrew [Andrew.Smith@unh.edu]
Re:[EXTERNALSOURCE] Re: Tomorrow's Meeting

Hi Andy - We'll have it loaded for you. Thanks!
> On Sep 11, 2017, at 8:18 PM, Smith, Andrew <Andrew.Smith@unh.edu> wrote:
•
> Hi Andrew, will the presentations be loaded in advance or should I bring a copy?
> Andy Smith
•
> Sent from my iPhone
> Andy Smith
> University of New Hampshire
> Survey Center > Political science > Mobile •On Sep 11, 2017, at 7:40 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
•Dear Presenters,
•Welcome to New Hampshire! Here are a few details for tomorrow's meeting.
» Please try to arrive at St. Anselm's by 8:30 a.m. The address is 8 St. Anselm Drive, Manchester, NH
03102. The Institute's auditorium is near the corner of St. Anselm Drive and Rockland Avenue.
» Parking is limited, so please make every effort to use cabs, other public transportation, or carpool.
I have attached a parking pass for those who will be driving. If you do not have the ability to print
this parking pass, please call me or Ron Williams (Ron's cell is
when you arrive and we can
bring one out to you.
» Again, for your reference, meeting materials are posted here:
>https://urldefense.proofpoint.com/v2/url?u=https-3A__www.whitehouse.gov_presidential-2Dadvisory2Dcommission-2Delection-2Dintegrity2Dresources&d=DwIFAg&c=c6MrceVCY5m5A_KAUkrdoA&r=EeIhxQoOjSq0bBngnI35AgQHuIyai9YhVdZOOkCBvZS4&m=BqAggYzvr90
madaKdG7S_23Kh6k5RB4watzMEX7pc2E&s=wBewWW07IBnr9A1j3W7zuSz8RHtXneDjVCpNCc3038&e=<
•If you have any questions or concerns, please call.
•Thanks again!
•Andrew
•Andrew J. Kossack
•Executive Director, Presidential Advisory Commission on Election Integrity
•Associate Counsel Office of the Vice President
•Cell:
•Email: Andrew.J.Kossack@ovp.eop.gov
original Message
•From: Kossack, Andrew J. EOP/OVP
•Sent: Friday, September 8, 2017 2:22 PM
•To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
•Subject: Meeting Materials for Sept. 12th
» Thank you again for participating in the Presidential Advisory Commission on Election Integrity's
meeting on September 12th. We look forward to your presentation.
» I• 've attached the meeting materials for next week's meeting for your review. Please let us know if
there are any issues with your materials, or if you have any additional materials you'd like to present
to the Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
» If you have any questions, please let me know.

17-2361-A-006534

 
Again, thank youi

Andrew





PANELIST 




Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/12/2017 12:37:39 AM
Ronald L. Rivest [rivest@mit.edu]
Re:[EXTERNAL_SOURCE] Re: Tomorrow's Meeting

Hi Ron - I think 17 minutes should be fine. We're shooting for more like 15 if possible, but you should have
more flexibility on the last panel. That sound ok?
Sent from my iPhone
On Sep 11, 2017, at 8:26 PM,Ronald L. Rivest <rivest mit.edu> wrote:
Hi Andrew -Thanks!
Any further guidance on the time we will have available for our presentations?
Ijust timed mine, which came in at 17 minutes...

79

Cheers,
Ron
On Mon,Sep 11, 2017 at 7:40 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Dear Presenters,
Welcome to New Hampshire! Here are a few details for tomorrow's meeting.
Please try to arrive at St. Anselm's by 8:30 a.m. The address is 8 St. Anselm Drive, Manchester,
NH 03102. The Institute's auditorium is near the corner of St. Anselm Drive and Rockland
Avenue.
Parking is limited, so please make every effort to use cabs, other public transportation, or
carpool. I have attached a parking pass for those who will be driving. If you do not have the
ability to print this parking pass, please call me or Ron Williams(Ron's cell is
when you arrive and we can bring one out to you.
Again,for your reference, meeting materials are posted here:
https://www.whitehouse.gov/presidential-advisorv-commission-election-integrity-resources.
If you have any questions or concerns, please call.
Thanks again!
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office ofthe Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
17-2361-A-006536

 Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election
Integrity's meeting on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if
there are any issues with your materials, or if you have any additional materials you'd like to
present to the Commission. We're in the process of posting the attached materials now, and will
need to post any additional materials before close of business today.
If you have any questions, please let me know.
Again,thank you!
Andrew

Ronald L. Rivest
Roorn_32-G692 Stata Center, MIT, Cambridge MA 02139
Tel,
Email <rivest@mitedu>
>http://people.csail.mit.edu/rivest<

17-2361-A-006537

 Message
From:
Sent:
To:
Subject:

Ann Camann [ACamann@Anselm.Edu]
9/5/2017 7:34:02 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]; Williams, Ronald E. EOP/OVP
[Ronald.E.Williams@ovp.eop.gov]
RE: final list as discussed

Will do.
AC
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Tuesday, September 05, 2017 3:29 PM
To: Ann Camann <ACamann@Anselm.Edu›; Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: RE: final list as discussed
Hi Ann - We just had one more request for a guest of a presenter. Maggie McAlpine is the wife of Harri
Hursti, who's on the third panel. Could you please add Ms. McAlpine to the reserved list?
Thanks!
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, office of
the Vice President
Cell:
Email: n rew. . ossack@ovp.eop.gov

Original Message
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Tuesday, September 5, 2017 9:01 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew 3. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: final list as discussed
Morning Ron - I just send the estimate for the live stream. The only outstanding item is the WAIT LIST
folks, and that is dependent on the host site for viewing the live stream.
I can touch base this afternoon after 1 before 3 p.m. if that works for you.
Best,
Ann
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Tuesday, September 05, 2017 8:15 AM
To: Ann Camann <ACamann@Anselm.Edu>
Cc: Kossack, Andrew 3. EOP/OVP <Andrew.3.Kossack@ovp.eop gov>
Subject: RE: final list as discussed
Good morning Ann,
Hope you have a great Labor Day weekend! Please let me know if you have anytime today to catch-up re:
waitlist and Heartwood media (live stream). We would really like to nail down the livestream portion by
tomorrow so the vendor and our IT team can be in sync. And feel free to raise any other outstanding
issues.
Thanks much and talk to you soon!
Ron
Original Message
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Friday, September 1, 2017 4:28 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew 3. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Re: final list as discussed
Perfect. Thank you. Have a great Labor Day weekend!
Sent from my iPhone

17-2361-A-006538

 On Sep 1, 2017, at 4:27 PM, Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov» wrote:
We are holding off on the waitlist until Tuesday.
link for the livestream.

We need to confirm with our digital team of the exact

From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Friday, September 1, 2017 4:04 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov<mailto:Andrew.J.Kossack@ovp.eop.gov»
Subject: RE: final list as discussed
Okay - and WAIT LIST?
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop gov]
Sent: Friday, September 01, 2017 3:28 PM
To: Ann Camann <ACamann@Anselm.Edu<mailto:ACamann@Anselm.Edu»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov<mailto:Andrew.J.Kossack@ovp.eop.gov»
Subject: RE: final list as discussed
Hi AnnThis is great.

Confirmation email going out today standby.

Thanks!
Ron
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Friday, September 1, 2017 2:38 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov<mailto:Andrew.J.Kossack@ovp.eop.gov»
Subject: final list as discussed
Hi Ron - please see attached list which has tabs for groups as we discussed. I am here today until 4:30
p.m., will be in a meeting 3-3:45 p.m.
The Press have been confirmed; you will confirm the folks on the CONFIRM tab, and send the WAIT LIST
emails to the folks on the WAIT tab.
The groups listed on the PENDING tab are being finalized early next week. I do not expect we will be
going to the WAIT LIST at all.
I am still waiting to hear back from Heartwood on the link for the live stream.
change, we can always send out another email. But my hope is that it wont.

I suppose if it should

Alternatively, we could confirm everyone on Tuesday as soon as we confirm the livestream information is
correct.
Call me if you have any questions on my office phone, or cell
Thanks!
Ann Camann
Deputy Director
New Hampshire Institute of Politics at Saint Anselm College
100 Saint Anselm Drive
Manchester, NH 03102
Phone:
P Please consider the environment before printing this email

17-2361-A-006539

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/5/2017 7:28:43 PM
Ann Camann [ACamann@Anselm.Edu]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
RE: final list as discussed

Hi Ann - We just had one more request for a guest of a presenter. Maggie McAlpine is the wife of Harri
Hursti, who's on the third panel. Could you please add Ms. McAlpine to the reserved list?
Thanks!
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email:
ssack@ovp.eop.gov

Original Message
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Tuesday, September 5, 2017 9:01 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: final list as discussed
Morning Ron - I just send the estimate for the live stream. The only outstanding item is the WAIT LIST
folks, and that is dependent on the host site for viewing the live stream.
I can touch base this afternoon after 1 before 3 p.m. if that works for you.
Best,
Ann
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Tuesday, September 05, 2017 8:15 AM
To: Ann Camann <ACamann@Anselm.Edu>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: final list as discussed
Good morning Ann,
Hope you have a great Labor Day weekend! Please let me know if you have anytime today to catch-up re:
waitlist and Heartwood media (live stream). We would really like to nail down the livestream portion by
tomorrow so the vendor and our IT team can be in sync. And feel free to raise any other outstanding
issues.
Thanks much and talk to you soon!
Ron
Original Message
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Friday, September 1, 2017 4:28 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Re: final list as discussed
Perfect. Thank you. Have a great Labor Day weekend!
Sent from my iPhone
On Sep 1, 2017, at 4:27 PM, Williams, Ronald E. EOP/OVP
<Ronald.E.williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov» wrote:
We are holding off on the waitlist until Tuesday.
link for the livestream.

We need to confirm with our digital team of the exact

From: Ann Camann [mailto:ACamann@Anselm.Edu]

17-2361-A-006540

 Sent: Friday, September 1, 2017 4:04 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov<mailto:Andrew.3.Kossack@ovp.eop.gov»
Subject: RE: final list as discussed
Okay - and WAIT LIST?
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop gov]
Sent: Friday, September 01, 2017 3:28 PM
To: Ann Camann <ACamann@Anselm.Edu<mailto:ACamann@Anselm.Edu»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov<mailto:Andrew.3.Kossack@ovp.eop.gov»
Subject: RE: final list as discussed
Hi AnnThis is great.

Confirmation email going out today standby.

Thanks!
Ron
From: Ann Camann [mailto:ACamann@Anselm.Edu]
Sent: Friday, September 1, 2017 2:38 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov<mailto:Ronald.E.Williams@ovp.eop.gov»
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov<mailto:Andrew.J.Kossack@ovp.eop.gov»
Subject: final list as discussed
Hi Ron - please see attached list which has tabs for groups as we discussed. I am here today until 4:30
p.m., will be in a meeting 3-3:45 p.m.
The Press have been confirmed; you will confirm the folks on the CONFIRM tab, and send the WAIT LIST
emails to the folks on the WAIT tab.
The groups listed on the PENDING tab are being finalized early next week. I do not expect we will be
going to the WAIT LIST at all.
I am still waiting to hear back from Heartwood on the link for the live stream.
change, we can always send out another email. But my hope is that it wont.

I suppose if it should

Alternatively, we could confirm everyone on Tuesday as soon as we confirm the livestream information is
correct.
Call me if you have any questions on my office phone, or cell
Thanks!
Ann Camann
Deputy Director
New Hampshire Institute of Politics at Saint Anselm college
100 Saint Anselm Drive
Manchester NH 03102
Phone:
P Please consider the environment before printing this email

17-2361-A-006541

 Message
From:
Sent:
To:
CC:
Subject:

Thank you.
tomorrow.

Ken Block [kblock@simpaticosoftware.com]
8/15/2017 4:09:50 PM
Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov]
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]; Williams, Ronald E. EOP/OVP
[Ronald.E.Williams@ovp.eop.gov]
RE: link for clearance tomorrow

I have filled out the form, and look forward to meeting

Original Message
From: Paoletta, Mark R. EOP/OVP [mailto:Mark.R.Paoletta@ovp.eop.gov]
Sent: Tuesday, August 15, 2017 10:25 AM
To: Ken Block <kblock@simpaticosoftware.com>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>; Williams,
Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: link for clearance tomorrow
Hi Ken,
Let's plan on meeting at 9 am tomorrow. Our offices are in the EEOB, which
is located at 17th and Penn. You will enter the complex at the 17th and
State entrance. You will need ID. Pleaser click on the link below, fill
out info and submit.
https://events.whitehouse.gov/form?rid=B4XP8V923V
Please go to room 274 and let the assistant at the front desk know you are
here for our meeting.
Please let me know if you have any questions.
Look forward to meeting you tomorrow.
Mark
MARK R. PAOLETTA
Counsel to the Vice President
707 4
774
(cell)
(work)
Mark.R.Paoletta@ovp.eop.gov

17-2361-A-006542

 Message
From:
Sent:
To:
Subject:

johnrlott@crimeresearch.org [johnrlott@crimeresearch.org]
9/19/2017 8:53:27 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: lunch; travel reimbursement

OK, thanks, Andrew. Possibly next Tuesday. I am about to give a talk in Boston, but II will check
afterwards. I will try to take care of the reimbursement tomorrow. Thanks.
John R Lott, Jr.
President
Crime Prevention Research Center
(484) 802-5373
johnrlott@crimeresearch.org
>http://crime< research.org
Sent from my iPhone
> On Sep 19, 2017, at 3:39 PM, Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov> wrote:
> Hi, John,
•
> I apologize, but is there any chance we could take a rain check on lunch tomorrow? A couple issues have
come up that I need to deal with tomorrow. My apologies for the inconvenience. Would next Tuesday or
Thursday (the 26th or 28th) work for you instead?
•
> Also, I wanted to circle back with you on the process for travel reimbursement. If you could scan all
of your receipts into a single PDF and send it to Kris Palmer at GSA (kris.palmer@gsa.gov) and copy me,
we'll get that process initiated for you and get you reimbursed as quickly as possible. If you have any
questions, just let me know.
•
> Thanks,
> Andrew
•
> Andrew J.
> Executive
> Associate
> Cell:
> Email: An

Kossack
Director, Presidential Advisory Commission on Election Integrity
Counsel Office of the Vice President
rew.J.Kossack@ovp.eop.gov

17-2361-A-006543

 Message
From:
Sent:
To:
Subject:

John Lott [johnrlott@crimeresearch.org]
9/21/2017 4:07:46 AM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: lunch; travel reimbursement

Flag:

Follow up

Next Tuesday works for me. Noon?
John R. Loft, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
johnrlott@crimeresearch.org
(484)802-5373

Crime Prevention
NIIMM
Research Center
crimeresearch.org

On Tuesday, September19, 2017, at Tuesday, September 19, 4:53 PM,
johnrlott@crimeresearch.org wrote:
OK,thanks, Andrew. Possibly next Tuesday. I am about to give a talk in Boston, but II will
check afterwards. I will try to take care ofthe reimbursement tomorrow. Thanks.
John R Lott, Jr.
President
Crime Prevention Research Center
(484)802-5373
johnrlott@crimeresearch.org
>http://crime< research.org
Sent from my iPhone

On Sep 19, 2017, at 3:39 PM,Kossack, Andrew J EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Hi, John,
I apologize, but is there any chance we could take a rain check on lunch tomorrow? A couple
issues have come up that I need to deal with tomorrow. My apologies for the inconvenience.
Would next Tuesday or Thursday (the 26th or 28th) work for you instead?
Also, I wanted to circle back with you on the process for travel reimbursement. If you could scan
all of your receipts into a single PDF and send it to Kris Palmer at GSA (kris.palmer@gsa.gov)
and copy me, we'll get that process initiated for you and get you reimbursed as quickly as
17-2361-A-006544

 possible. If you have any questions,just let me know.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

17-2361-A-006545

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP lAndrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:53 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.govj
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting ofthe meeting materials: https://www.whitehouse.gov/presidential-advisorycommission-election-integrity-resources. Apologies if you did not receive the email below due to the large file
sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop gov

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting on
September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there are any
issues with your materials, or if you have any additional materials you'd like to present to the Commission.
We're in the process of posting the attached materials now, and will need to post any additional materials before
close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006546

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel,
Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006547

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006548

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
AssociCounsel.ate
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006549

 Message
From:
Sent:
To:
Subject:

John Lott [johnrlott@crimeresearch.org]
9/8/2017 9:27:39 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: Meeting Materials for Sept. 12th

Flag:

Follow up

Thanks, Andrew. It should be lively. The timing ofthe vote fraud allegations in NI-I couldn't have been better
timed. Despite the fact that the host for the event is from NH,I assume someone will raise the issue. Are you
all getting together for breakfast or for anything else before or the event? Thanks.
John R. Lott, Jr.,Ph.D.
President
Crime Prevention Research Center
>http://crimeresearch.org<
joimrlott@crixneresearch.org
(484)802-5373

Crime Prevention
Research Center
• t2research.org

On Friday, September8, 2017, at Friday, September 8, 5:24 PM,Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov> wrote:
Here is a link to the public posting ofthe meeting materials:
https://www.whitehouse.gov/presidential-advisorv-commission-election-integrity-resources.
Apologies if you did not receive the email below due to the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@oyp.eop.goy

Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election
Integrity's meeting on September 12th. We look forward to your presentation.
17-2361-A-006550

 I've attached the meeting materials for next week's meeting for your review. Please let us know if
there are any issues with your materials, or if you have any additional materials you'd like to
present to the Commission. We're in the process of posting the attached materials now, and will
need to post any additional materials before close of business today.
If you have any questions, please let me know.
Again,thank you!
Andrew

17-2361-A-006551

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006552

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associ
Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006553

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 9:24:52 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Meeting Materials for Sept. 12th

Here is a link to the public posting of the meeting materials: https://www.whitehouse.gov/presidentialadvisory-commission-election-integrity-resources. Apologies if you did not receive the email below due to
the large file sizes.
Thanks again for your participation. Enjoy your weekend, and I'll see you next week!
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew 3. EOP/OVP
Sent: Friday, September 8, 2017 2:22 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: Meeting Materials for Sept. 12th
Thank you again for participating in the Presidential Advisory Commission on Election Integrity's meeting
on September 12th. We look forward to your presentation.
I've attached the meeting materials for next week's meeting for your review. Please let us know if there
are any issues with your materials, or if you have any additional materials you'd like to present to the
Commission. We're in the process of posting the attached materials now, and will need to post any
additional materials before close of business today.
If you have any questions, please let me know.
Again, thank you!
Andrew

17-2361-A-006554

 Message
From:
Sent:
To:

CC:

Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 10:20:37 PM
'Kris Kobach'
; cwlawson@sos.in.
Christy McCormick
• david@capitolpartnersarcom; Mark Rhodes
[mrhodes@woodcountywv.com]; von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]; Christian Adams
[adams@electionlawcentercom]• Alan L. King
matthew.dunlap@maine.gov; King, Alan
[kinga@jccal.org]; David Dunn
Paoletta, Mark R. EOP/OVP [Mar .R.Pao etta ovp.eop.gov]; Morgan, Matthew E. EOP/OVP
[Matthew.E.Morgan@ovp.eop.gov]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]; Passantino,
Stefan C. EOP/WHO [Stefan.C.Passantino@who.eop.gov]; Gast, Scott F. EOP/WHO [Scott.F.Gast@who.eop.gov]
RE: Meeting Materials for September 12th

If anyone did not receive my email below due to the large file sizes, the meeting materials are now
posted here: https://www.whi tehouse.gov/presi denti al -advi so ry-commi ssi on-el ecti on-i ntegri ty-resources.
Please check to confirm that any materials you plan to present or distribute at the meeting are posted
here. If you have any questions, just let me know.
Thanks again,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, September 8, 2017 2:15 PM
.
To: 'Kris Kobach'
cwl awson@sos. n..ov' <cwl awson@sos.i n..ov>
C risty McCormic
.avi .@capi to pa rtne rsa r.com
<david@capitolpartnersar.com›; 'Mark Rhodes' <mrhodes@woodcountywv.com›; 'von Spakovsky, Hans'
<Hans.VonS akovsk @heritage.org›; 'Christian Adams' <adams@electionlawcenter.com›; 'Alan L. King'
; 'matthew.dunlap@mai ne.gov' <matthew.dunlap@mai ne gov> ; 'Ki ng , Alan'
<ki nga@jccal org> ; 'David Dunn'
Cc: Paoletta, Mark R. EOP/OVP <Mar .R.Pao etta@ovp.eop.gov>.; Morgan, Matthew E. EOP/OVP
<Matthew.E.Morgan@ovp.eop.gov›; Williams, Ronald E. EOP/OVP <Ronald.E.williams@ovp.eop.gov>; Passantino,
Stefan C. EOP/WHO <Stefan.C.Passantino@who.eop.gov›; Gast, Scott F. EOP/WHO <Scott.F.Gast@who.eop.gov>
Subject: Meeting Materials for September 12th
Members,
Attached are materials for next week's meeting. My apologies for the large file sizes.
We are in the process of posting these materials on our webpage for public viewing. I will let you know
once they are available there.
Many thanks to all of you for your hard work and flexibility on the timeline for submitting these
materials.
Thank you,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew. J .Kossack@ovp.eop.gov

17-2361-A-006555

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/7/2017 12:31:17 AM
Andrew Appel [appel@CS.Princeton.EDU]
Anthony Stevens [anthony.stevens@sos.nh.gov]
Re: My written testimony

Dr. Appel,
The agenda is now posted here: https://www.whitehouse.gov/sites/whitehouse.gov/files/docs/pacei-meetingagenda-09122017.pdf. If you have any questions,just let me know.
Thank you,
Andrew

On Sep 4, 2017, at 4:39 PM, Andrew Appel <appel@CS.Princeton.EDU> wrote:
Dear Mr. Kossack:
You can find a written summary of my testimony, for the public record, at this URL:
>http://www.cs.princeton.edu/—appel/voting/PCIE-Appel-testimony-2017.pdf<
Please do send me the agenda, with list and schedule of panels and speakers, as soon as possible.
Sincerely,
Andrew Appel

From:"Andrew J. EOP Kossack" <Andrew.J.Kossack@ovp.eop.dov>
To: "appel@cs.princeton.edu" <appel@CS.Princeton.EDU>
Sent: Wednesday, August 23, 2017 8:15:57 AM
Subject: connection from Sec. Bill Gardner
Dr. Appel,
My name is Andrew Kossack, and I am contacting you regarding the Presidential
Advisory Commission on Election Integrity. Secretary Gardner mentioned that
he has spoken with you about appearing at an upcoming commission meeting
and shared your contact information. I am hoping to connect with you soon to
introduce myself and discuss the meeting with you. Are you available sometime
in the next day or so for a brief call?
Looking forward to connecting with you soon. Thanks for your interest in
participating.
Thanks,
Andrew
Andrew J. Kossack
17-2361-A-006556

 Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel, Office of the Vice President
Cell:
Email: Andrew.J.KossackAovp.eop.gov

17-2361-A-006557

 Message
From:
Sent:
To:

Subject:

Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
7/28/2017 6:35:09 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]; Paoletta, Mark R. EOP/OVP
[Mark.R.Paoletta@ovp.eop.gov]; Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovp.eop.gov]; Agen,Jarrod P. EOP/OVP
[Jarrod.P.Agen@ovp.eop.gov]; Morgan, Matthew E. EOP/OVP [Matthew.E.Morgan@ovp.eop.gov]
RE: New Report Exposes Thousands of Illegal Votes in 2016 Election

All —
Here is the link: http://g-a-Lorg/wp-content/uploads/2017/07/Voter-Fraud-Final-with-Appendix-1.pdf
FYI — I downloaded it to our data collection/research folder.

Thanks,
Ron
From: Kossack, Andrew J. EOP/OVP
Sent: Friday, July 28, 2017 2:31 PM
To: Paoletta, Mark R. EOP/OVP <Mark.R.Paoletta@ovp.eop.gov>; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>; Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>; Agen, Jarrod P. EOP/OVP
<Jarrod.P.Agen@ovp.eop.gov>; Morgan, Matthew E. EOP/OVP <Matthew.E.Morgan@ovp.eop.gov>
Subject: FW: New Report Exposes Thousands of Illegal Votes in 2016 Election

FYI

From: von Spakovsky, Hans [mailto:Hans.VonSpakovsky@heritage.org]
Sent: Friday, July 28, 2017 2:16 PM
Subject: New Report Exposes Thousands of Illegal Votes in 2016 Election

>http://dailysignal.com/2017/07/28/new-report-exposes-thousands-illegal-votes-2016-election/<

THEDAILY SIGNAL
New Report Exposes Thousands ofIllegal Votes
in 2016 Election
Hans von Spakovsky / Ben Janacek / July 28, 2017
17-2361-A-006558

 A new bombshell study released by the Government Accountability Institute shows why President Donald
'Trump's Advisory Commission on Election Integrity has such an important job ahead ofit.
The Institute concluded in its report that thousands of votes in the 2016 election were illegal, duplicate votes
from people who registered and voted in more than one state.
The Government Accountability Institute, founded by Peter Schweizer, author of"Clinton Cash,"seeks to
"investigate and expose crony capitalism, misuse of taxpayer monies, and other governmental. corruption or
malfeasance."
Over the last few months, the Institute sought to obtain "public voter information" from every state in order to
search for duplicate votes. This is the same type ofinformation the president's Election Integrity Commission
has requested.
With this report, we may have a clue as to why some states are resisting providing this data.
The Government Accountability Institute was able to obtain voter registration and voter history data from only
21 states because while some states shared it freely,"others impose exorbitant costs or refuse to comply with
voter information requests."
These 21 states represent "about 17 percent of all possible state-to-state comparison combinations."
The Institute compared the lists using an "extremely conservative matching approach that sought only to
identify two votes cast in the same legal name." It found that 8,471 votes in 2016 were "highly likely"
duplicates.
Extrapolating this to all 50 states would likely produce, with "high-confidence, around 45,000 duplicate votes.
The Institute obtained this level of confidence by matching not only names and birthdays which can be the
same for different individuals—but also by contracting with companies, such as Virtual DBS,that have
commercial databases to further cross-check these individuals using their Social Security Numbers and other
information.
According to the Government Accountability institute's experts,"the probability of correctly matching two
records with the same name, birthdate, and social security number is close to 100 percent." In fact,"using these
match points will result in virtually zero false positives."
The probability of45,000 illegal duplicate votes is the low end ofthe spectrum, and it does not even account for
other types offraud such as ineligible voting by noncitizens and felons and absentee ballot fraud.

17-2361-A-006559

 To put this number offraudulent votes in perspective, Hillary Clinton won New Hampshire by fewer than 3,000
votes out of over 700,000 cast. just this number of duplicate votes alone has the power to swing state results
and, in turn, elections.
Unfortunately, New Hampshire refused to turn over their data for this study.
There have been other razor-tight elections in recent years. In 2000, the presidency was decided by 537 votes
out of a total of :105 million cast. In 2008, Al Franken won his Minnesota Senate race by a mere 312 votes. He
ended up being the deciding vote that gave this country Obamacare.
Though the Institute did not look at the 2008 elections in this study, there is little doubt that the 2016 numbers
show that duplicate voting and voter fraud are a real problem that can have serious consequential effects.
The Government Accountability Institute also used the state of Rhode Island as a test case. Over 30 percent of
all registered voters in Rhode Island have no Social Security or driver's license number on file.
While it is legal to register without providing this information, the Institute notes that "confirming the identities
ofsome ofthese voters is impossible using only the data contained in the state's voter registration system."
Without this "uniquely identifying information ... there is no way to confirm a voter's identity or citizenship
..." This shows the vulnerabilities that are ripe for any person or group wanting to take advantage of them.
The Institute also found more than 15,000 voters registered at prohibited addresses "such as post office boxes,
UPS stores, federal post offices, and public buildings." In some cases, more than 100 voters "were registered to
the same UPS store locations."
They also found voters whose registered addresses were "gas stations, vacant lots, abandoned mill buildings,
basketball courts, parks, warehouses, and office buildings."
The Institute tried to bring some ofthese problems to the attention of Rhode Island election officials as part of
their test case. They provided officials with a list of 225 voters who"were registered using prohibited
addresses."
But Rhode Island refused to do anything about the problem beyond sending a letter to the voters. If a voter did
not respond, the state refused to take any further action.
Instead, in an obvious attempt to deter the Government Accountability Institute, the state said that the institute
would have to file a "voter challenge" and would be subject to a misdemeanor penalty if it filed a "false
challenge."

17-2361-A-006560

 The fact that these election officials did not want to thoroughly investigate possible voter fraud illustrates one of
the problems in this area: Too many election officials don't want to know about these problems, and refuse to
do anything when it is brought to their attention.
The Government Accountability Institute points out that the quality ofthe voter registration data in some states
is very poor, with missing and obviously incorrect information. The Institute found 45,880 votes cast by
individuals whose dates of birth were more than 115 years before the election.
Several hundred votes were cast by individuals whose registration birthdates "indicated they were under 18
years old at the time ofthe election," although some ofthese were through provisional ballots.
All ofthis is just the latest evidence that we have serious, substantive problems in our voter registration system
across the country and that voter fraud is, without a doubt, real.
The Heritage Foundation has a database that is being constantly updated. It documents nearly 1,100 proven
instances of voter fraud, including cases where elections were overturned because of proven fraud.
This kind of work, which the Government Accountability Institute has done, will be invaluable to the Election
Integrity Commission as it researches the registration and voting process and looks for ways to fix its
vulnerabilities and security problems, enhance our democratic process, and make sure every eligible American
votes and is not disenfranchised by illegal votes.
Election integrity and public confidence in the election process are fundamental to preserving our democratic
republic.
Disclosure: Hans von Spakovsky is a member ofthe Presidential Advisory Commission on Election Integrity
mentioned in this article.

Hans von Spakovsky
Manager, Election Law Reform Initiative and Senior Legal Fellow
Institutefor Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington,DC 20002
202-608-6207

heritage.org

17-2361-A-006561

 Message
From:
Sent:
To:
Subject:

Don Palmer
8/5/2017 3:18:08 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: next week

That works. Look forward to it.
Don
Sentfrom my Verizon -IG LTE Droid
On Aug 5, 2017 10:55 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer <

wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next week
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
well book it. If Tuesday won't work for any reason,just let me know and well figure out something else that's
better for you. Looking forward to it.

17-2361-A-006562

 Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006563

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/5/2017 2:55:12 PM
Don Palmer
Re: next week

Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@oyp.eop.goy
Cell:
Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer <

wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next week
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
we'll book it. If Tuesday won't work for any reason, just let me know and we'll figure out something else that's
better for you. Looking forward to it.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006564

 Message
From:
Sent:
To:
Subject:

Don Palmer
8/5/2017 12:37:45 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
Re: next week

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@oyp.eop.goy>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next week
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if you're available then.
We should be able to make anytime on Tuesday work, so feel free to name your time and we'll book it. If Tuesday won't work for
any reason,just let me know and we'll figure out something else that's better for you. Looking forward to it.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006565

 Message
From:
Sent:
To:
Subject:

Don Palmer
8/8/2017 2:45:29 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: next week

Andrew,
What room should I go to?
Don
Semfrom my Verizon 4G LTE Droid
On Aug 7, 2017 11:20 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Hi Don,
We are looking forward to meeting with you at 11:00 a.m. tomorrow. Here is the link for the form you'll need to
complete to clear security at the EEOB: https://events.whitehouse.gov/form?rid=M4VXW7V22D. The key is to enter all
of the information exactly as it appears on your driver's license or other government-issued ID (whatever you plan to
show tomorrow). The Secret Service is very particular about even obvious typos or transposition of a couple numbers.
We can troubleshoot if we need to and still get you through, but it will be a lot faster for you if everything matches on
the first round.
You'll want to enter at 17th and State Streets, which is the Southwest Screening Facility(map attached). I would probably
shoot to arrive around 10:30 to ensure you have time to clear security.
If you have any questions today or tomorrow morning, please call anytime:
We look forward to seeing you tomorrow!
Thanks again,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto:
Sent: Saturday, August 5, 2017 11:18 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week

That works. Look forward to it.
Don

Sentfrom my Verizon 4G LTE Droid
On Aug 5, 2017 10:55 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
17-2361-A-006566

 Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@oyp.eop.gov
Cell:
Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer <

wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@oyp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next wee
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
we'll book it. If Tuesday won't work for any reason, just let me know and we'll figure out something else that's
better for you. Looking forward to it.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006567

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
8/7/2017 8:49:04 PM
Don Palmer
RE: next week

You're all clear! See you tomorrow.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto:
Sent: Monday, August 7, 2017 11:25 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week
Andrew,
I submitted the information. Thanks,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Monday, August 7, 2017 11:18 AM
To: Don Palmer
Subject: RE: next week
Hi Don,
We are looking forward to meeting with you at 11:00 a.m. tomorrow. Here is the link for the form you'll need to
complete to clear security at the EEOB: https://events.whitehouse.gov/form?rid=M4VXW7V22D. The key is to enter all
of the information exactly as it appears on your driver's license or other government-issued ID (whatever you plan to
show tomorrow). The Secret Service is very particular about even obvious typos or transposition of a couple numbers.
We can troubleshoot if we need to and still get you through, but it will be a lot faster for you if everything matches on
the first round.
You'll want to enter at 17th and State Streets, which is the Southwest Screening Facility(map attached). I would probably
shoot to arrive around 10:30 to ensure you have time to clear security.
If you have any questions today or tomorrow morning, please call anytime:
We look forward to seeing you tomorrow!
Thanks again,
Andrew
17-2361-A-006568

 Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto:
Sent: Saturday, August 5, 2017 11:18 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week

That works. Look forward to it.
Don

Sentfrom my l'erizon 4G LlE Droid
On Aug 5, 2017 10:55 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer

wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer
From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next week
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
well book it. If Tuesday won't work for any reason,just let me know and well figure out something else that's
better for you. Looking forward to it.
Thanks,

17-2361-A-006569

 Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006570

 Message
From:
Sent:
To:
Subject:
Attachments:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]

8/7/2017 3:18:02 PM
Don Palmer
RE: next week
EOP-Campus-Map.pdf

Hi Don,
We are looking forward to meeting with you at 11:00 a.m. tomorrow. Here is the link for the form you'll need to
complete to clear security at the EEOB: https://events.whitehouse.gov/form?rid=M4VXW7V22D. The key is to enter all
of the information exactly as it appears on your driver's license or other government-issued ID (whatever you plan to
show tomorrow). The Secret Service is very particular about even obvious typos or transposition of a couple numbers.
We can troubleshoot if we need to and still get you through, but it will be a lot faster for you if everything matches on
the first round.
You'll want to enter at 17th and State Streets, which is the Southwest Screening Facility(map attached). I would probably
shoot to arrive around 10:30 to ensure you have time to clear security.
If you have any questions today or tomorrow morning, please call anytime:
We look forward to seeing you tomorrow!
Thanks again,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto
Sent: Saturday, August 5, 2017 11:18 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week

That works. Look forward to it.
Don

Sentfrom my Verizon 4G LTE Droid
On Aug 5, 2017 10:55 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack ov .eo
Cell:

ov
17-2361-A-006571

 Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer

wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next wee
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
we'll book it. If Tuesday won't work for any reason,just let me know and we'll figure out something else that's
better for you. Looking forward to it.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006572

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17-2361-A-006573

 Message
From:
Sent:
To:
Subject:

Don Palmer
8/10/2017 6:46:50 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: next week

Andrew,
It was a pleasure to meet you and the team. If there is anything I can do to assist moving forward, please don't
hesitate to call.
Regards,
Don Palmer
Sent.from my Verizon 4G LTE Droid
On Aug 7, 2017 4:49 PM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
You're all clear! See you tomorrow.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto
Sent: Monday, August 7, 2017 11:25 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week
Andrew,
I submitted the information. Thanks,
Don Palmer

From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Monday, August 7, 2017 11:18 AM
To: Don Palmer
Subject: RE: next week
Hi Don,
We are looking forward to meeting with you at 11:00 a.m. tomorrow. Here is the link for the form you'll need to
complete to clear security at the EEOB: https://events.whitehouse.gov/form?rid=M4VXW7V22D. The key is to enter all
of the information exactly as it appears on your driver's license or other government-issued ID (whatever you plan to
show tomorrow). The Secret Service is very particular about even obvious typos or transposition of a couple numbers.

17-2361-A-006574

 We can troubleshoot if we need to and still get you through, but it will be a lot faster for you if everything matches on
the first round.
You'll want to enter at 17th and State Streets, which is the Southwest Screening Facility(map attached). I would probably
shoot to arrive around 10:30 to ensure you have time to clear security.
If you have any questions today or tomorrow morning, please call anytime:
We look forward to seeing you tomorrow!
Thanks again,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity
From: Don Palmer [mailto
Sent: Saturday, August 5, 2017 11:18 AM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: Re: next week

That works. Look forward to it.
Don

Sentfrom my Verizon 4G LIE Droid
On Aug 5, 2017 10:55 AM,"Kossack, Andrew J. EOP/OVP" <Andrew.J.Kossack@ovp.eop.gov> wrote:
Sounds great, Don. How about 11:00 a.m. at the EEOB? If that works, I'll set up an appointment so you can get
cleared with the Secret Service and send you another email with more details about which entrance to use, etc.
Thanks!
Andrew
Andrew J. Kossack
Associate Counsel
Office of the Vice President
Email: Andrew.J.Kossack@ovp.eop.gov
Cell:
Sent from my iPhone
On Aug 5, 2017, at 8:37 AM,Don Palmer <

> wrote:

Andrew,
Great, Tuesday works for me as well.
What time works to meet and where do I show up?
Regards,
Don Palmer
17-2361-A-006575

 From: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Sent: Thursday, August 3, 2017 6:48 PM
To:
Subject: next week
Hi Don,
Sorry I missed your call earlier. I checked with my colleagues, and it sounds like Tuesday would work better if
you're available then. We should be able to make anytime on Tuesday work, so feel free to name your time and
we'll book it. If Tuesday won't work for any reason,just let me know and we'll figure out something else that's
better for you. Looking forward to it.
Thanks,
Andrew
Andrew J. Kossack
Executive Director & Designated Federal Officer
Presidential Advisory Commission on Election Integrity

17-2361-A-006576

 Message
From:
Sent:
To:
CC:
Subject:

Robert Popper [rpopper@JUDICIALWATCH.ORG]
8/17/2017 3:11:09 PM
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Ron,
Sorry, no, the study is proprietary right now. It is an ongoing project, with the data being updated on
the basis of our direct contacts with states and counties, and we haven't published it yet. We shared
excerpts with Deroy Murdock at NR but asked him not to publish what we shared.
I am sure we will publish it eventually.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 5:00 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob One last thing: we're having trouble finding the actual 3W report on "ghost voters" - other than from the
NR article. Is there a report that you can share with us?
Thanks,
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 4:52 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
That all works for me, and I can send you my written statement by September 8.
Thanks.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 4:50 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew 3. EOP/OVP <Andrew.3.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob,
We are still finalizing the agenda but at this point we envision that you will be on the second
(afternoon) panel - which will be well before 4 pm. We are hoping to have the meeting concluded by 4 pm.
Again, soon as we finalize the agenda, to include the times, we will let you know. Also, we would like
for you to provide us with your written open statement no later than September 8. Please let us know if
that works for you.
Re publicizing your appearance 3-5 days in advance: We are fine with that.
Again, if you have any other questions feel free to let us know.
Thanks and see you soon!
Ron
Original Message

17-2361-A-006577

 From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 10:47 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
It was great to talk with you yesterday.

I hope you're going and we can meet in NH.

I will focus on those topics. I do have two other questions. First: after the event, I am flying to
Baltimore and then out to California for the rest of the week. I booked the last flight out of
Manchester, NH, which is at 6 pm, and of course I'll need to get to the airport before that in the late
afternoon. Do you think I will be testifying in the morning, or at any event before 4 pm or so? If that
doesn't work for you, I can catch later flights out of Boston with a little more planning.
Second: do you all mind if we publicize my appearance by press release 3-5 days in advance?
Talk to you soon,
Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: (202) 646-5173
Cell:

Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 8:53 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Bob - my apologies for just getting around to sending this. It was great speaking with you
yesterday and we look forward to having you provide testimony at the Commission's upcoming meeting.
You offered some great topics on which you could present. From those topics it would be great if you
could provide a general overview of the NVRA - to include your experience in the Voting Section and any
notable list maintenance cases (including those worked on in the Voting Section, the Husted case, and the
similar Georgia case). We would also like for you to present Judicial Watch's most recent report
involving "ghost voters." And finally, it would be helpful to the Commission if you could discuss your
thoughts and present any research conducted by Judicial Watch or other studies on faith in integrity of
elections.
Per our conversation yesterday, the Commission's next meeting is tentatively scheduled for September 12,
2017 at Saint Anselm's College in Manchester, New Hampshire. Of course, once we finalize the details we
will reach out to you to discuss the logistics. Again, it was great speaking with you and we look
forward to working with you. If you have any questions, feel free to contact me.
All the best,
Ronald E. Williams II
Policy Advisor
Office of the Vice President
Presidential Advisory Commission on Election Integrity
Cell:
Office: 202.395.1587
Email: Ronald.E.Williams@ovp.eop.gov

17-2361-A-006578

 Message
From:
Sent:
To:
CC:
Subject:

Thanks.

Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovp.eop.gov]
8/17/2017 3:20:30 PM
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

You can send her my contact.

We won't publicize from the VP office, but if they want to promote, they are more than welcome to do so.
Only concern is that opponents will then get out and start talking which could force them to head out
before testimony.
Marc Lotter
Special Assistant to the President
Press Secretary to the Vice President
Cell:
Twitter: @VPPressSec

Original Message
From: Williams, Ronald E. EOP/OVP
Sent: Thursday, August 17, 2017 9:46 AM
To: Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Marc,
FYI
Original Message
From: Jill Farrell [mailto:3Farrell@OUDICIALWATCH.ORG]
Sent: Thursday, August 17, 2017 9:35 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hello Ronald,
Is there a communications person on your team with whom I can coordinate efforts?
Best regards,
Jill Sutherland Farrell
Director of Public Affairs
Judicial Watch Inc.
425 Third St., SW, Suite 800
Washington, DC 20024
Desk 202-646-5188
Cell
@judicialwatch
Original Message
From: Robert Popper
Sent: Wednesday, August 16, 2017 4:53 PM
To: Jill Farrell <7Farrell@MDICIALWATCH.ORG>
subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
FYI, esp re publicizing 3-5 days in advance.
Original Message
From: Robert Popper
Sent: Wednesday, August 16, 2017 4:51 PM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
That all works for me, and I can send you my written statement by September 8.

17-2361-A-006579

 Thanks.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 4:50 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob,
We are still finalizing the agenda but at this point we envision that you will be on the second
(afternoon) panel - which will be well before 4 pm. We are hoping to have the meeting concluded by 4 pm.
Again, soon as we finalize the agenda, to include the times, we will let you know. Also, we would like
for you to provide us with your written open statement no later than September 8. Please let us know if
that works for you.
Re publicizing your appearance 3-5 days in advance: We are fine with that.
Again, if you have any other questions feel free to let us know.
Thanks and see you soon!
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 10:47 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
It was great to talk with you yesterday.

I hope you're going and we can meet in NH.

I will focus on those topics. I do have two other questions. First: after the event, I am flying to
Baltimore and then out to California for the rest of the week. I booked the last flight out of
Manchester, NH, which is at 6 pm, and of course I'll need to get to the airport before that in the late
afternoon. Do you think I will be testifying in the morning, or at any event before 4 pm or so? If that
doesn't work for you, I can catch later flights out of Boston with a little more planning.
Second: do you all mind if we publicize my appearance by press release 3-5 days in advance?
Talk to you soon,
Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct.
4-c173
Cell:

Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 8:53 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp eop.gov›; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Bob - my apologies for just getting around to sending this. It was great speaking with you
yesterday and we look forward to having you provide testimony at the Commission's upcoming meeting.
You offered some great topics on which you could present. From those topics it would be great if you
could provide a general overview of the NVRA - to include your experience in the Voting Section and any

17-2361-A-006580

 notable list maintenance cases (including those worked on in the Voting Section, the Husted case, and the
similar Georgia case). We would also like for you to present Judicial Watch's most recent report
involving "ghost voters." And finally, it would be helpful to the Commission if you could discuss your
thoughts and present any research conducted by Judicial Watch or other studies on faith in integrity of
elections.
Per our conversation yesterday, the Commission's next meeting is tentatively scheduled for September 12,
2017 at saint Anselm's College in Manchester, New Hampshire. of course, once we finalize the details we
will reach out to you to discuss the logistics. Again, it was great speaking with you and we look
forward to working with you. If you have any questions, feel free to contact me.
All the best,
Ronald E. Williams II
Policy Advisor
Office of the Vice President
Presidential Advisory Commission on Election Integrity
Cell:
Office: 202.395.1587
Email: Ronald.E.Williams@ovp.eop.gov

17-2361-A-006581

 Message
From:
Sent:
To:
CC:
Subject:

Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
8/17/2017 4:05:08 PM
Robert Popper [rpopper@JUDICIALWATCH.ORG]
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Thanks Bob - we understand.
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Thursday, August 17, 2017 11:11 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.l.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
Sorry, no, the study is proprietary right now. It is an ongoing project, with the data being updated on
the basis of our direct contacts with states and counties, and we haven't published it yet. We shared
excerpts with Deroy Murdock at NR but asked him not to publish what we shared.
I am sure we will publish it eventually.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 5:00 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob One last thing: we're having trouble finding the actual JW report on "ghost voters" - other than from the
NR article. Is there a report that you can share with us?
Thanks,
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 4:52 PM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
That all works for me, and I can send you my written statement by September 8.
Thanks.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 4:50 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob,
We are still finalizing the agenda but at this point we envision that you will be on the second
(afternoon) panel - which will be well before 4 pm. We are hoping to have the meeting concluded by 4 pm.
Again, soon as we finalize the agenda, to include the times, we will let you know. Also, we would like

17-2361-A-006582

 for you to provide us with your written open statement no later than September 8.
that works for you.

Please let us know if

Re publicizing your appearance 3-5 days in advance: We are fine with that.
Again, if you have any other questions feel free to let us know.
Thanks and see you soon!
Ron
Original Message
From: Robert Popper [mailto:rpopper@MDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 10:47 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
It was great to talk with you yesterday.

I hope you're going and we can meet in NH.

I will focus on those topics. I do have two other questions. First: after the event, I am flying to
Baltimore and then out to California for the rest of the week. I booked the last flight out of
Manchester, NH, which is at 6 pm, and of course I'll need to get to the airport before that in the late
afternoon. Do you think I will be testifying in the morning, or at any event before 4 pm or so? If that
doesn't work for you, I can catch later flights out of Boston with a little more planning.
Second: do you all mind if we publicize my appearance by press release 3-5 days in advance?
Talk to you soon,
Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: 202 646-5173
Cell:

Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 8:53 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Bob - my apologies for just getting around to sending this. It was great speaking with you
yesterday and we look forward to having you provide testimony at the Commission's upcoming meeting.
You offered some great topics on which you could present. From those topics it would be great if you
could provide a general overview of the NVRA - to include your experience in the Voting Section and any
notable list maintenance cases (including those worked on in the Voting Section, the Husted case, and the
similar Georgia case). We would also like for you to present Judicial Watch's most recent report
involving "ghost voters." And finally, it would be helpful to the Commission if you could discuss your
thoughts and present any research conducted by Judicial Watch or other studies on faith in integrity of
elections.
Per our conversation yesterday, the Commission's next meeting is tentatively scheduled for September 12,
2017 at Saint Anselm's College in Manchester, New Hampshire. Of course, once we finalize the details we
will reach out to you to discuss the logistics. Again, it was great speaking with you and we look
forward to working with you. If you have any questions, feel free to contact me.
All the best,
Ronald E. Williams II
Policy Advisor
Office of the Vice President
Presidential Advisory Commission on Election Integrity

17-2361-A-006583

 C911:
Office: 202.395.1587
Emai?i: 



Message
From:
Sent:
To:

Robert Popper [rpopper@JUDICIALWATCH.ORG]
9/8/2017 3:09:06 PM
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]; Kossack, Andrew J. EOP/OVP
[Andrew.J.Kossack@ovp.eop.gov]
CC:
Jill Farrell [JFarrell@JUDICIALWATCH.ORG]; Carter Clews [cclews@JUDICIALWATCH.ORG]
Subject:
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Attachments: Written Statement of Robert Popper to PACE! - Final.pdf

Good morning,
I had an issue with a few varying fonts, which I fixed in the attached.

I made NO changes to the text.

Bob
Original Message
From: Robert Popper
Sent: Friday, September 08, 2017 1:17 AM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Williams@ovp eop.gov›; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Attached is my written testimony.

Please let me know if you need anything else.

Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: 202 646-5173
Cell:

17-2361-A-006585

 IT IS TIME TO START ENFORCING THE NATIONAL VOTER
REGISTRATION ACT OF 1993
Testimony before the Presidential Advisory Commission on Election Integrity
September 12,2017
Robert D.Popper
Director, Election Integrity Project
Judicial Watch,Inc.
Background and Experience
My name is Robert D.Popper. I am a Senior Attorney and the Director ofthe Election
Integrity Project at Judicial Watch, Inc. Judicial Watch is a Washington, D.C.-based public
interest nonprofit dedicated to promoting transparency, accountability, and integrity in
government, politics, and the law.
I was admitted to the Bar in New York in 1990, and I have been practicing as a litigator
for 27 years. I have special knowledge and expertise in the area of voting law. In 1995, as a solo
practitioner, I represented plaintiffs in a successful constitutional challenge alleging racial
segregation in the design of New York's 12th Congressional District.'
In 2005,Ijoined the Voting Section ofthe Civil Rights Division ofthe U.S. Department
of Justice, where I worked for eight years. In my time there, I managed voting rights
investigations, litigations, consent decrees, and settlements in dozens of states. I spoke about
voting rights issues at professional conferences and to state and local officials. In 2008,I was
promoted to Deputy Chief ofthe Voting Section.
In 2013,Ijoined Judicial Watch as Director ofthe Election Integrity Project. In my time
here, I have litigated voting rights cases in several states and have filed numerous friend-of-thecourt briefs before the U.S. Supreme Court and various courts of appeal. I have testified before
state legislatures on voting reform measures. In the course of my career, I have published
popular pieces and scholarly articles on the subject of voting law.2

Diaz v. Silver, 978 F. Supp. 96(E.D.N.Y. 1997)(three-judge court), aff'd mem., 521 U.S.
801 (1997).
2
See The Voter Suppression Myth Takes Another Hit, WALL ST. J., December 28,2014;
Florida Gets Another Chance to Appealfor the Right to Clean Voter Rolls, They Should Take It,
THE DAILY CALLER,December 11, 2014; PoliticalFraud About Voter Fraud, WALL ST. J., April
27,2014;Little-NoticedProvision Would Dramatically ExpandDal's Authority at the Polls,
THE DAILY CALLER, March 28,2014; and, with Professor Daniel D.Polsby, Guinier's Theory of
PoliticalMarket Failure, 77 Soc. Sci. Q. 14(1996);Racial Lines, NAT.REV. 53, February 20,
1995; Ugly: An Inquiry into the Problem ofRacial Gerrymandering Under the Voting Rights
Act,92 MICH. L. REV.652(1993); The Third Criterion: Compactness as a Procedural Safeguard

1
17-2361-A-006586

 I am particularly familiar with the National Voter Registration Act of 1993(NVRA),the
subject of my testimony. From 2005 to 2008, I had primary responsibility at the Department of
Justice for enforcing that statute. In 2008,I received a Special Commendation Award for my
efforts in enforcing Section 7 ofthe NVRA, which requires state offices providing public
assistance to offer those receiving it the opportunity to register to vote. During that same period,
I also litigated several cases for the Department to enforce the voter roll list maintenance
provisions of Section 8 ofthe Act, and I obtained consent decrees with the states of Maine,
Indiana, and New Jersey, and a settlement agreement with the City ofPhiladelphia, in which they
agreed to abide by Section 8's provisions.3 As I will explain,these were the last cases the
Department ever brought to enforce the voter list maintenance provisions ofthe NVRA.
Judicial Watch has been actively involved as a private litigant in enforcing Section 8 of
the NVRA,suing Ohio and Indiana in 2012 for their failure to comply.' After I moved to
Judicial Watch in 2013, we concluded a settlement agreement resolving litigation against the
State of Ohio' and voluntarily dismissed our lawsuit against Indiana after the State restructured
its election administration and undertook remedial measures. This year, based on our analysis of
available census and voter registration data, Judicial Watch sent letters to twelve states, and to
113 counties in those states, providing them statutory notice that they were failing to comply
with their list maintenance obligations under Section 8 ofthe NVRA.6 The letters warned those
jurisdictions that they would be subject to a private lawsuit if they did not undertake the list
maintenance required by the statute.
Judicial Watch expects that it will bring such lawsuits against noncomplying
jurisdictions. Further, in July ofthis year, Judicial Watch commenced a lawsuit against the State
of Maryland for refusing to grant it access to election-related documents that the State was
required by the NVRA to keep and to make publicly available.'

AgainstPartisan Gerrymandering,9 YALE L.&
Y REV. 301(1991); Gerrymandering:
Harms and a New Solution, Heartland Institute Monograph (1990).
3
For summaries ofthe relevant cases,see https://www.justice.gov/crt/cases-raising-claimsunder-national-voter-registration-act#philadelphia.
4
Judicial Watch,Inc. v. King, 993 F. Supp. 2d 919(S.D. Ind. 2012);Judicial Watch v.
Husted, Civil Action No. 12-792(S.D. Ohio 2012).
5
This agreement is available at http://www.judicialwatch.org/document-archive/01-14ohio-voter-rolls-settlement/.
6
See http://www.judicialwatch.org/press-room/press-releases/judicial-watch-warns-11states-clean-voter-registration-lists-face-federal-lawsuiti; http://www.judicialwatch.org/pressroom/press-releases/judicial-watch-warns-california-clean-voter-registration-lists-face-federallawsuit/.
7
Judicial Watch v. Lamone,No. 1:17-cv-02006(D. Md. 2017); see
http://www.judicialwatch.org/press-room/press-releases/judicial-watch-sues-voter-registrationdata-national-voter-registration-act/.
2
17-2361-A-006587

 Americans Do Not Trust the Intezrity ofOur ElectoralSystem
The American people have come to believe that there are serious problems with our
electoral system. One study from last year showed that Americans have little faith in the
integrity oftheir elections and postulated that this partly explains low voter turnout.8 A
Rasmussen poll from 2016 reported that only 41% ofthose polled believe "American elections
are fair to voters."9 A Washington Post-ABC News poll from 2016 found that 46% of those
polled believed that voter fraud happens either "somewhat' or "very" often.'
Particularly revealing is a Gallup poll that compares American attitudes with those of
other countries. In a poll taken in 2016 — before the parties' national conventions that summer —
Americans were asked if they had confidence in the "honesty of elections." A "record-low 30%"
said that they did, while an astonishing 69% said that they did not." This trend has become
significantly worse in recent years, and the United States is now a significant outlier among the
nations polled. Gallup reports that "[g]lobally, the U.S. ranks 90th out of 112 countries that
Gallup has asked this question in so far this year," and among countries that are true electoral
democracies,"only Mexico(19%)ranks lower than the U.S."'
Unfortunately, poor list maintenance practices lend credence to the public perception that
our nation's electoral system is not functioning properly.
The Voter List Maintenance Goals ofthe NVRA Are Not Being,Met
As the NVRA itself makes clear in its "Findings and Purposes," it was enacted in order to
achieve two different goals. It was intended, first, to "increase the number of eligible citizens
who register to vote," enhancing their "participation. . . in elections for Federal office"; and,
second, to "protect the integrity of the electoral process," ensuring "that accurate and current
voter rolls are maintained."'
The first goal ofincreasing eligible registrants was intended to be met by increasing the
number of state offices where citizens are offered the opportunity to register to vote. The most
significant NVRA provision supporting this goal is the requirement that every application for a
state driver's license must serve as well as a voter registration application, unless an applicant

See, e.g., Pippa Norris, Holly Ann Garnett and Max Gromping, Why Don't More
Americans Vote? Maybe Because They Don't Trust US. Elections, Wash. Post, December 26,
2016.
9

http://www.rasmussenreports.com/public_content/polities/general_polities/januarv_2016/are u s
elections fair.
10
https://www.washingtonpost.com/page/2010-2019/WashingtonPost/2016/09/15/NationalPolities/Polling/release 444.xml?tid=a_inl.
11
http://www.gallup.com/pol1/196976/update-americans-confidence-voting-election.aspx.
12
Id
13
52 U.S.C. § 20501(b).
3
17-2361-A-006588

 does not wish to register or is already registered.14 It is this provision that has afforded the
NVRA its popular designation as the "Motor Voter" law. There is good evidence that the first
goal ofthe NVRA has been largely realized. For example,in the twenty-year period starting in
1992, a year before the NVRA was enacted, through 2012,the registration rate increased
nationally by more than 11%.15
The second goal of protecting electoral integrity by ensuring accurate and current voter
rolls was supposed to be achieved by the NVRA's requirement that states "conduct a general
program that makes a reasonable effort to remove the names of ineligible voters" from the rolls if
they have died or moved elsewhere.16
This second goal has not been met. Five years ago, this fact was brought forcefully to
national attention by a study noting that"24 million — one of every eight — voter registrations in
the United States are no longer valid or are significantly inaccurate"; that"1.8 million deceased
individuals are listed as voters," and that "2.75 million people have registrations in more than
one state."17
Based on Judicial Watch's research this year, there is every reason to believe that these
problems have gotten worse. This past July, the Election Assistance Commission publicly
released the responses provided to its most recent election administration survey. By law, the
Commission is required to submit a report to Congress every two years "assessing the impact" of
the NVRA "on the administration of elections for Federal office during the preceding 2-year
period."18 States are required to provide the information requested by the Commission.19
Judicial Watch hired a political scientist and demographer to compare the registration
information contained in the Commission's report with the latest census data." We also
contacted particular counties directly to obtain or confirm certain data.
Our study indicates a pervasive failure by state and county officials to fulfill the voter list
maintenance obligations imposed by the NVRA. To begin with, the EAC's survey includes a
question about the number of NVRA address confirmation notices sent during a two-year

14

52 U.S.C. § 20504(a).
Royce Crocker, The National Voter Registration Act of1993: History, Implementation,
and Effects, Appendix A,CONG.RES. SERV., Sept. 18, 2013.
16
52 U.S.C. § 20507(a)(4).
17
Inaccurate, Costly, andInefficient: Evidence That America's Voter Registration System
Needs an Upgrade,PEW RES. CTR. ON THE STATES,Feb. 14, 2012, at 1.
18
52 U.S.C. § 20508(a)(3).
19
See 11 C.F.R. § 9428.7.
20
See The Election Administration & Voting Survey: 2016 Comprehensive Report,
ELECTION ASSISTANCE COIstvI'N, June 29, 2017, available, along with the relevant datasets, at
https://www.eac.gov/research-and-data/election-administration-voting-survey/, and the latest
American Community Survey population and demographic data, available at
https://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml.
15

4
17-2361-A-006589

 reporting period.' Jurisdictions are required to send these notices to those who are believed to
have moved prior to placing them in an inactive status for a statutory waiting period oftwo
general federal elections.22 A failure to send such notices shows that a jurisdiction is not
endeavoring to determine who may have moved elsewhere.
There are over 2,800 counties in states covered by the NVRA. Ofthese, 415, or about
15% of all covered counties, did not report sending any confirmation notices during the two-year
period from 2014 to 2016. This fact suggests a widespread failure to comply with the NVRA.
Moreover, ofthe counties that did report sending confirmation notices, another 581, or about
20% ofthe total, reported sending notices during the last two-year period to fewer than 5% of
their registered voters. Given that the Census Bureau reports that about 11% of Americans move
every year,' these low rates also suggest that these counties are not diligently conducting voter
list maintenance.
Counties' overall registration rates also reveal compliance issues. Our study showed that,
in 462 U.S. counties, the number of voter registrations exceeded the number of citizens over the
age of 18 who resided in those counties. In other words, those counties' registration rates
exceeded 100% ofthe population eligible to register.24 Federal courts have repeatedly held that
such an imbalance between registrations and age-eligible citizens is grounds for believing that a
jurisdiction is not living up to its list maintenance obligations.25 These 462 counties, moreover,
constitute about 17% of all U.S. counties covered by the NVRA where we have enough data to
make these calculations.
These facts show widespread noncompliance with the NVRA. The problem, moreover,
is worse than it was even a few years ago. When Judicial Watch conducted a similar registration
analysis in 2015, we found that 312 counties covered by the NVRA had more registered voters
than voting-age citizen population, which was about 11% of all counties where we had the data
necessary to make this comparison.
State and county officials confronted with improbably high registration rates often try to
talk past the data in predictable ways. For example, such officials tell us that registration rates
are high precisely because the NVRA requires officials to wait for two general elections before
removing the registrations ofthose who have not responded to confirmation notices. By this
reasoning a high registration rate shows, not a lack of compliance with the NVRA,but a diligent
effort to send out confirmation notices and to move registrations to the inactive list.

21

Election Administration & Voting Survey, supra note 19, at 188(question Al Oa).
52 U.S.C. § 20507(d)(2).
23
https://www.census.gov/newsroom/blogs/random-samplings/2017/01/mover-rate.html.
24
Remarkably,there also were 15 counties reporting more voter registrations than their
total populations, including minors and noncitizens.
25
See Voter Integrity Project NC,Inc. v. Wake Cnty. Bd. ofElections, 2017 U.S. Dist. Lexis
23565 at *17-18(W.D.N.C. Feb. 21, 2017); Bellitto v. Snipes, 2017 U.S. Dist. Lexis 107355 at
*52-53 (S.D. Fla. July 11, 2017); Am. Civ. Rights Union v. Martinez-Rivera, 166 F. Supp. 3d
779, 793-94(W.D. Tex. Mar. 30, 2015).
22

5
17-2361-A-006590

 In my experience, such claims are almost always belied by the facts. It is often the case
that a county with a high registration rate also sent relatively few confirmation notices during the
reporting period. Such facts contradict any claim that high registration rates are due to voters
being moved to the inactive list. And while it is conceivable that a"bump" in total registrations
will occur after a sudden, significant effort to remove invalid registrations, this effect should be
temporary and should decline over time. An examination ofthe age ofinactive registrations is
enough to settle this kind of dispute. In one investigation, we found thousands of registrations
that had been inactive for more than a decade. These cannot be explained by ordinary list
maintenance procedures or by the need to wait for two elections before cancelling a registration.
States with high registration rates also implausibly contend that inactive registrations
should not be considered at all in determining registration rates. By subtracting these out, these
states hope to show lower and more reasonable-looking registration rates. The reasons for
conducting this special arithmetical operation are rarely elaborated in any detail, but we have
heard the argument that such inactive registrations are irrelevant because they are awaiting
cancellation, or because the registrants are probably living elsewhere. Note at the outset that the
factual premises of these assertions are wrong. Registrations may be moved to the inactive list
for any number of reasons under various state laws, and notjust because the registrant failed to
return a confirmation notice. Further, as we have discovered, registrations often sit on state
inactive lists for many years beyond the NVRA's statutory waiting period without being
cancelled.
But there is a far more basic problem with the argument that inactive registrations ought
not to count. The NVRA plainly provides that inactive registrations may still be voted.' This
voting can take place as late as Election Day, at which point "affirmation or confirmation ofthe
registrant's address may be required."27 But the voter need not vote by provisional ballot or
endure any other impediment to voting.'
The simple fact is that as long as a registration may be voted on the next Election Day, it
should be treated as part of a state's voter registration list. That is why, when I worked in the
Voting Section ofthe Department of Justice, we invariably considered inactive registrations
when analyzing the NVRA programs of covered states and counties. For the same reason, when
we concluded an NVRA settlement decree or agreement we insisted on receiving information
and reports about inactive registrations.29
26

52 U.S.C. § 20507(d)(2)(A).
Id.(emphasis added).
28
See A. Philip Randolph Inst. v. Husted, 838 F.3d 699, 716(6th Cir. 2016)(Siler, J.,
concurring in part, dissenting in part), cert. granted 137 S. Ct. 2188(2017)("an 'inactive' voter
has all the rights to cast a regular ballot at any election," and "ifthe registrant has any voting
activity during those four years, he or she returns to an active voter status"); Common Cause v.
Kemp,2017 U.S. Dist. Lexis 93417 at *2(N.D. Ga. Mar. 17, 2017)("Voters on the inactive list
can still vote.").
29
See, e.g., United States v. Indiana, 2006 U.S. Dist. LEXIS 45640 at *4-5, *9-10(S.D.
Ind. July 5, 2006)(consent decree requiring initial report and annual reports including
information on inactive voters).
27

6
17-2361-A-006591

 As a final point, it is worth remembering that every U.S. county covered by the NVRA
must abide by the same rules, and must respect and accommodate the same statutory waiting
period. Yet 83% ofthese counties had registration rates — including active and inactive voters —
that were less than 100%. As federal courts have acknowledged, the fact that a county has a
registration rate exceeding 100% is strong circumstantial evidence that that county is not
conducting a reasonable program of voter list maintenance.
The Department ofJustice Has Failed to Enforce the NVRA's List Maintenance Provisions
and Has Impaired States'Efforts to Maintain Their Voter Rolls
From 2005 to 2007, Section 8 list maintenance claims were included in federal
complaints filed by the Department of Justice against Missouri, Maine, New Jersey, Indiana, and
the City ofPhiladelphia. The Department ultimately obtained court-ordered consent decrees
with Maine, New Jersey, and Indiana, and concluded a settlement agreement with the City of
Philadelphia.' I managed each ofthose litigations for the Department. The last ofthe NVRArelated consent decrees expired in 2009.
I was present at a meeting in November 2009 in which the Deputy Assistant Attorney
General in charge of the Voting Section told the staff that Section 8 cases were not a priority.'
From that time until the present, the Department of Justice has not filed a single complaint
involving a claim under the voter list maintenance provisions of Section 8 ofthe NVRA. To my
knowledge, the Department has not sent any state or county a notice letter indicating that it
intended to sue to enforce those provisions. I know, moreover, that there were many states that
the Department could have targeted for enforcement action during the intervening years.
The Department during the last administration appears to have completely abandoned all
efforts to enforce the list maintenance provisions of Section 8 of the NVRA. Even worse, the
Department engaged in litigation specifically intended to limit the ability of states to remove
ineligible registrations from the rolls. I will cite a few examples.
In 2012,Florida sought to conduct a list maintenance program designed to remove
noncitizens from its voter rolls. The Department of Justice and, in a separate action, a group of
left-leaning advocacy organizations sued to enjoin Florida's program. The NVRA requires that
any program to cancel the registrations ofthose who have moved must stop during the 90 days
right before an election.' Both the Department and the private litigants argued that this
provision prevented Florida from attempting to remove noncitizens from the voter rolls during
that 90-day period. The argument is extraordinary, considering that noncitizens were never
30

These cases are described on the Department's website, at
https://vvww.justice.gov/crt/cases-raising-claims-under-national-voter-registrationact#philadelphia.
31
See A Review ofthe Operations ofthe Voting Section ofthe Civil Rights Division, OFFICE
OF THE INSPECTOR GENERAL,OVERSIGHT AND REVIEW DIVISION 100-101, March 2013, available
at https://oig.justice.gov/reports/2013/s1303.pdf.
32
52 U.S.C. § 20507(c)(2)(A).
7
17-2361-A-006592

 eligible to register or vote, and, consequently, that they only could be listed on the voter rolls
because of an error, or by means of a fraudulent registration.
Each ofthe district courts that heard this argument rejected it.33 But the private plaintiffs
appealed, and,in a surprise 2-1 ruling, an 11th Circuit panel accepted their argument and
reversed the lower court's decision.34 Just as surprising, the administration of Governor Rick
Scott refused to appeal that ruling to the Supreme Court. As a result, it is now the law in the
11th Circuit that noncitizens may not be systematically removed from the voter rolls in the 90
days before an election. My point is not merely that the result is wrong, even outrageous, but
that the U.S. Department of Justice actively sought this result.
In two other cases, the Department provided amicus support to private plaintiffs seeking
to restrict states' ability to monitor and remove ineligible registrations. The NVRA specifies that
voters may not be removed merely for failing to vote.35 The electoral laws of Georgia and Ohio
provide that address confirmation notices must be sent to voters who have had no voting-related
activity for a certain period oftime — three years under Georgia law and two years in Ohio. If
the registrants to whom those notices are sent respond, they are designated as active voters. If
they fail to respond, they are put in an inactive status and, if they do not contact the state or
appear to vote during the NVRA's statutory waiting period oftwo general federal elections, they
are removed from the rolls.
Private plaintiffs in each state sued to enjoin those state laws, arguing that they were,in
effect, removing voters merely for failing to vote, which is proscribed by the NVRA. The
obvious rejoinder to this argument is that no one is being removed for failing to vote.
Registrants are merely being sent address confirmation letters. What happens after that depends
on how they respond.
Both district courts dismissed these lawsuits. The Georgia decision is on appeal to the
11th Circuit.36 The Ohio decision was reversed by a divided panel ofthe 6th Circuit, and
currently is on appeal to the Supreme Court, which granted the appellants' petition for a writ of
certiorari.37 I believe that the plaintiffs' claims are clearly meritless. But again, my main point is
that the U.S. Department of Justice filed briefs supporting the plaintiffs in their efforts to restrict
the power of states to remove ineligible registrants from the voter rolls.
More recently, in August ofthis year, the Department filed an amicus brief in the
Supreme Court in the Ohio case reversing its prior position and supporting the State's

U.S. v. Detzner, 870 F. Supp. 2d 1346(N.D. Fla. 2012); Arcia v. Detzner, 908 F. Supp.
2d 1276(S.D. Fla. 2012).
34
Arcia v. Detzner, 746 F.3d 1273 (11th Cir. 2014).
35
52 U.S.C. § 20507(b)(2).
36
Common Cause v. Kemp,2017 U.S. Dist. Lexis 93417(N.D. Ga. Mar. 17, 2017),appeal
docketed, No. 17-11315 (11th Cir. Mar. 23, 2017).
37
A. Philip Randolph Institute v. Husted,2016 U.S. Dist. LEXIS 84519(S.D. Ohio June 29,
2016), rev'd, 838 F.3d 699(6th Cir. 2016), cert. granted sub nom. Husted v. A. Philip Randolph
Institute, No. 16-980, 2017 U.S. LEXIS 3506(May 30, 2017).
33

8
17-2361-A-006593

 interpretation ofthe NVRA. I commend the Department for this decision. The position it takes
in this brief is clearly supported by the plain text ofthe NVRA and by existing law.
Beyond the issues raised in this one case, however, I trust that this action signals that the
Department is abandoning the approach adopted during the prior administration, which not only
failed to enforce the list maintenance provisions of the NVRA,but sued states that were trying to
comply with the statute. I also urge the Department to investigate states' and counties' voter list
maintenance programs, and to notify and then sue those jurisdictions that fail to comply with the
obligations imposed by Section 8 ofthe NVRA. With 462 counties showing registration rates
greater than 100%,there are a large number of potential targets for enforcement.
Judicial Watch is proud of its efforts to enforce Section 8 ofthe NVRA. But the
Department of Justice should be leading this work. The Department has far greater resources at
its disposal than private nonprofits like Judicial Watch, and is far more likely to obtain the
voluntary cooperation of states and counties when it notifies them of a potential violation.
The NVRA Should Be Enforced
There are sound policy and legal reasons for enforcing the voter list maintenance
provisions of the NVRA and requiring states to clean their voter rolls. Yet,in engaging in this
discussion, I find it is important not to confuse this matter with the debate over state voter
identification laws. While I believe, with a majority of Americans,that there are persuasive
reasons for requiring reliable photo identification at the polls on Election Day,the enforcement
ofthe NVRA is a broader topic and it raises a number of different concerns.
To begin with, the NVRA already is federal law. Congress already engaged in the
weighing offactors and the deliberation necessary to justify that law. We ought not choose
which federal laws, or which provisions ofthose laws, we will enforce. This is particularly so
with compromise legislation like the NVRA. As the statute's "Findings and Purposes" makes
clear, the NVRA sought to accommodate both those who hoped for greater registration and
access to voting, and those who hoped to ensure election integrity and guarantee accurate voter
rolls. It is contrary to congressional intent, and,frankly, dishonest, to enforce only half of a
compromise bill.
In addition, accurate voter lists prevent more kinds offraud than a voter ID requirement.
For example, an accurate voter list prevents double voting, which most commonly occurs where
recently moved voters vote in the electoral precincts associated both with their new and their old
addresses. Requiring an ID does not prevent this, because double voters are who they say they
are. Regular maintenance ofthe voter rolls also diminishes the opportunities for absentee or
mail-in ballot fraud, which most experts agree is more common than impersonation fraud. Every
week Judicial Watch gets emails like the one we received just a few days ago:
In the mail today, a letter came from the State of California Department of Motor
Vehicles. The letter was addressed to my mother. . . who has been deceased
since 2009. In the latter was a renewal form for her Disabled parking and a Voter
Registration Form that just needed to be filled out and sent in. If these letters are
9
17-2361-A-006594

 being sent at large to people who are deceased, it would be extremely easy for
anyone to fill out the voter registration form — requesting to vote by mail — and no
one would know that it was a fraudulent vote.
Our correspondent is correct, and if the voter rolls were better maintained, the possibility
she alludes to would not arise.
Maintaining accurate voter rolls as required by the NVRA also has other benefits that
have nothing to do with preventing fraud. For example, accurate voter rolls prevent honest
mistakes, such as where those who are not aware that they are ineligible vote because they are
listed on the rolls, or where voters cast a ballot in the wrong location, possibly in the wrong
election, because the rolls are not current.
In addition, inaccurate voter rolls hamper legitimate voter education and get-out-the-vote
efforts. To the extent that these efforts rely on voter rolls to determine whom to contact and
where they may be reached, inaccurate voter rolls increase the expense of such efforts. It costs
money to send thousands of pieces of mail to wrong addresses or to persons who no longer
reside in the state.
As a final point, I would like to make a few observations about voter fraud, a topic much
discussed today. We know that voter fraud, whether impersonation fraud, absentee ballot fraud,
registration fraud, double voting, noncitizen voting, or voting by those ineligible under state law,
occurs and is, in some form, a feature of every election, and we have suggestive, but not
conclusive, evidence about the extent of such fraud. We also know that voter fraud is hard to
detect and prove, especially where the law requires a showing of specific intent. We know that
many states do not even bother to track voter fraud.38 We also know that this is probably to be
expected, given that voter fraud often is lightly penalized. In preparing my statement, I
happened to research some ofthe voter fraud laws in neighboring Vermont. Its election law
provides that the penalty for casting more than one ballot is a maximum fine of $1,000 for a
primary or general election, $100 for a local election, and no incarceration in either case.39 At
the same time, Vermont law provides that the penalty for selling maple syrup without a license is
a maximum fine of$5,000 and up to a year in prison.'
In any case, discussions about the precise extent and effect of voter fraud risk obscuring a
more important point: Elections, like kitchens, must look clean. I was managing an election
monitoring team in Philadelphia in November 2008 when two men, one ofthem armed with a
club, took up a position outside a local polling station.41 Four years later, I was back in
Philadelphia when we received a report that one polling place had a floor-to-ceiling mural of
President Obama, along with his campaign logo and a quote from one of his speeches.42
38

See Robert D.Popper,Political Fraud About Voter Fraud, WALL ST. J., April 27, 2014.
17 V.S.A. § 1971.
ao
6 V.S.A. §§ 483,498.
41
https://www.youtube.cotn/watch?v=neGbKHyGuHU.
42
http://www.nbcphiladelphia.com/news/local/Obamas-Face-Covered-at-Polling-PlaceAfter-Court-Order-177511541.html.
39

10
17-2361-A-006595

 No one would dismiss the need for legislation forbidding weapons at a polling place
because violence is rare, or because no one was frightened away from the polls, or because the
incident did not sway the outcome of an election. People should be able to rely on the fact that
they will be physically safe at polling stations.
Similarly, no one would deny the value of laws against electioneering or partisan displays
inside polling places on the ground that these displays did not change anyone's mind or
determine an election. Such displays suggest to the voters that the election officials are not
impartial. Even if it never changes or influences a single vote, this behavior sends a bad message
to the public. It suggests that election officials are not going to be fair.
For the same reasons, the law should incorporate and enforce elementary protections
against voter fraud. Indeed, it is in part the absence of such protections that has led an
astonishing 69% of Americans to say that they do not have confidence in the honesty of our
elections. These elementary protections include the voter list maintenance provisions of Section
8 ofthe N'VRA. Along with all ofthe other advantages derived from the statute, diligent
enforcement ofthe NVRA will help convince the public that American elections are clean.

11
17-2361-A-006596

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 3:37:28 PM
Robert Popper [rpopper@JUDICIALWATCH.ORG]; Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Jill Farrell [JFarrell@JUDICIALWATCH.ORG]; Carter Clews [cclews@JUDICIALWATCH.ORG]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Thanks, Bob. well should be able to swap this with the other version.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Friday, September 8, 2017 11:09 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov›; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning,
I had an issue with a few varying fonts, which I fixed in the attached.

I made NO changes to the text.

Bob
Original Message
From: Robert Popper
Sent: Friday, September 08, 2017 1:17 AM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Williams@ovp.eop.gov›; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Attached is my written testimony.

Please let me know if you need anything else.

Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direc •646-5173
Cell:

17-2361-A-006597

 Message
From:
Sent:
To:
Subject:

Jill Farrell [JFarrell@JUDICIALWATCH.ORG]
9/8/2017 4:26:56 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]; Robert Popper [rpopper@JUDICIALWATCH.ORG];
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Do we know the duration of the event and what time Bob is scheduled to speak?
at 2, perhaps? Please let me know so that I can include it in our publicity.

9a - 4p, with Bob speaking

Thanks.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, September 08, 2017 11:37 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Thanks, Bob. We'll should be able to swap this with the other version.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
Cell:
Email: An rew.3.Kossack@ovp.eop.gov

Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Friday, September 8, 2017 11:09 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov›; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning,
I had an issue with a few varying fonts, which I fixed in the attached.

I made NO changes to the text.

Bob
Original Message
From: Robert Popper
Sent: Friday, September 08, 2017 1:17 AM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Williams@ovp.eop.gov>: Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Attached is my written testimony.

Please let me know if you need anything else.

Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: (202) 646-5173
Cell:

17-2361-A-006598

 Message
From:
Sent:
To:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 5:58:46 PM
Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Thanks. I'll respond

Original Message
From: Lotter, Marc E. EOP/OVP
Sent: Friday, September 8, 2017 1:56 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

Marc Lotter
Special Assistant to the President
Press
e Vice President
Cell:
Twitter: @VPPressSec

Original Message
From: Jill Farrell [mailto:JFarrell@JUDICIALWATCH.ORG]
Sent: Friday, September 8, 2017 12:28 PM
To: Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Do we know the duration of the event and what time Bob is scheduled to speak? 9a - 4p, with Bob speaking
at 2, perhaps? Please let me know so that I can include it in our publicity.
Would you please send the embed code or streaming keys so that I can include that information.
Thanks.
Jill
3W
Original Message
From: Jill Farrell
Sent: Tuesday, September 05, 2017 3:06 PM
To: 'Lotter, Marc E. EOP/OVP' <Marc.E.Lotter@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Thank you very much, Marc. I am just roughing something out now so we don't have maximum excitement just
before show time 0
I look forward to working with you.
Original Message
From: Lotter, Marc E. EOP/OVP [mailto:Marc.E.Lotter@ovp.eop.gov]
Sent: Tuesday, September 05, 2017 2:51 PM
To: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>
Cc: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov›; Robert Popper
<rpopper@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Jill,
Thanks for reaching out. We should have a final agenda for the meeting in the next day or two -- that
will help with timing. We would appreciate seeing any release before it is sent.
I should also have a better idea of links, etc toward the end of the week.
Marc
Marc Lotter
Special Assistant to the President
Press Secretary to the Vice President
Cell:

17-2361-A-006599

 Twitter: @VPPressSec

Original Message
From: Jill Farrell [mailto:JFarrell@JUDICIALWATCH.ORG]
Sent: Tuesday, September 5, 2017 2:19 PM
To: Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Cc: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop gov›; Robert Popper
<rpopper@JUDICIALWATCH.ORG>
Subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hello Marc,
I have begun drafting our press announcement regarding Robert Popper's testimony. I have a couple of
questions:
Do you need to pre-screen our intended final release?
Would you please send the embed code or streaming keys so that I can include that information.
Do you have a final rundown of who is speaking when? If not, at a minimum, are you able to let me
know when Bob is scheduled?
Please send me any explanatory material or links that you would like me to include.
Thank you very much!
Best wishes for great success,
Jill Sutherland Farrell
Director of Public Affairs
Judicial Watch Inc.
425 Third St., SW, Suite 800
Washington, DC 20024
Desk
C
»www.judicialwatch.org«
@judicialwatch

Original Message
From: Lotter, Marc E. EOP/OVP [mailto:Marc.E.Lotter@ovp.eop.gov]
Sent: Friday, August 25, 2017 4:19 PM
To: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Jill,
Sorry it's taken me a while to get back to you. The meeting will be live streamed.
information about press will be finalized and announced in the coming weeks.

Additional

Marc
Marc Lotter
Special Assistant to the President
Press Secretary to the Vice President
Cell:
Twitter: vPresssec

Original Message
From: Jill Farrell [mailto:JFarrell@JUDICIALWATCH.ORG]
Sent: Friday, August 25, 2017 8:39 AM
To: Lotter, Marc E. EOP/OVP <Marc.E.Lotter@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Marc,
Just checking in again to see if there have been any decisions made regarding press coverage or
broadcasting of the Presidential Advisory Commission on Election Integrity - Testimony - September 12,
2017
Jill Sutherland Farrell
Director of Public Affairs
Judicial Watch Inc.
425 Third St., SW, Suite 800

17-2361-A-006600

 Washington, DC 20024
Desk 202-646-5188
Cell
>»www.judicialwatch.org«<
@judicialwatch
Original Message
From: Jill Farrell
Sent: Friday, August 18, 2017 9:08 AM
To: 'Marc.E.Lotter@ovp.eop.gov' <Marc.E.Lotter@ovp.eop.gov>
Subject: Fw: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hello Marc,
I work with Robert Popper, who will be providing testimony on Sept 12.
I would like to coordinate with you to further your efforts in communications regarding the event.
Judicial Watch has nearly 5 million social media followers and very good outreach the press.
Just a couple of quick questions pop into mind. Will this event be open to the press? Will it be open to
the public? Will it be broadcast? If it is broadcast, can you send me the embed code or streaming keys?
Let me know how I can be of service on this end. We appreciate this opportunity and look forward to
working with you.
Very best regards,
Jill Sutherland Farrell
Director of Public Affairs
Judicial Watch Inc.
425 Third St., SW, Suite 800
Washington, DC 20024
Desk 202-646-5188
Cell
>»www.judicialwatch.org«<
@judicialwatch

Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Friday, August 18, 2017 8:30 AM
To: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Jill,
Please contact Marc Lotter
Special Assistant to the President
Press secretary to the Vice President
Email: Marc.E.Lotter@ovp.eop.gov
Cell:
Twitter: @VPPressSec
If you need anything, please don't hesitate to contact me.
Best,
Ron
Original Message
From: Jill Farrell [mailto:JFarrell@JUDICIALWATCH.ORG]
Sent: Thursday, August 17, 2017 9:35 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hello Ronald,
Is there a communications person on your team with whom I can coordinate efforts?
Best regards,
Jill Sutherland Farrell

17-2361-A-006601

 Director of Public Affairs
Judicial Watch Inc.
425 Third St., SW, Suite 800
Washington, DC 20024
Desk 202-646-5188
Cell
»»www.judicialwatch.org««
@judicialwatch
Original Message
From: Robert Popper
Sent: Wednesday, August 16, 2017 4:53 PM
To: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>
Subject: FW: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
FYI, esp re publicizing 3-5 days in advance.
Original Message
From: Robert Popper
Sent: Wednesday, August 16, 2017 4:51 PM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
That all works for me, and I can send you my written statement by September 8.
Thanks.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 4:50 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob,
We are still finalizing the agenda but at this point we envision that you will be on the second
(afternoon) panel - which will be well before 4 pm. We are hoping to have the meeting concluded by 4 pm.
Again, soon as we finalize the agenda, to include the times, we will let you know. Also, we would like
for you to provide us with your written open statement no later than September 8. Please let us know if
that works for you.
Re publicizing your appearance 3-5 days in advance: We are fine with that.
Again, if you have any other questions feel free to let us know.
Thanks and see you soon!
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 10:47 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
It was great to talk with you yesterday.

I hope you're going and we can meet in NH.

I will focus on those topics. I do have two other questions. First: after the event, I am flying to
Baltimore and then out to California for the rest of the week. I booked the last flight out of
Manchester, NH, which is at 6 pm, and of course I'll need to get to the airport before that in the late
afternoon. Do you think I will be testifying in the morning, or at any event before 4 pm or so? If that
doesn't work for you, I can catch later flights out of Boston with a little more planning.
Second: do you all mind if we publicize my appearance by press release 3-5 days in advance?
Talk to you soon,

17-2361-A-006602

 Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: 202 646-5173
Cell:

Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 8:53 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Bob - my apologies for just getting around to sending this. It was great speaking with you
yesterday and we look forward to having you provide testimony at the Commission's upcoming meeting.
You offered some great topics on which you could present. From those topics it would be great if you
could provide a general overview of the NVRA - to include your experience in the Voting Section and any
notable list maintenance cases (including those worked on in the Voting Section, the Husted case, and the
similar Georgia case). We would also like for you to present Judicial Watch's most recent report
involving "ghost voters." And finally, it would be helpful to the Commission if you could discuss your
thoughts and present any research conducted by Judicial Watch or other studies on faith in integrity of
elections.
Per our conversation yesterday, the Commission's next meeting is tentatively scheduled for September 12,
2017 at Saint Anselm's College in Manchester, New Hampshire. Of course, once we finalize the details we
will reach out to you to discuss the logistics. Again, it was great speaking with you and we look
forward to working with you. If you have any questions, feel free to contact me.
All the best,
Ronald E. Williams II
Policy Advisor
Office of the Vice President
Presidential' ory Commission on Election Integrity
Cell:
Office: 202.395.1587
Email: Ronald.E.Williams@ovp.eop.gov

17-2361-A-006603

 Message
From:
Sent:
To:
CC:
Subject:

Robert Popper [rpopper@JUDICIALWATCH.ORG]
8/16/2017 8:52:15 PM
Williams, Ronald E. EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

That all works for me, and I can send you my written statement by September 8.
Thanks.
Bob
Original Message
From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 4:50 PM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Hi Bob,
We are still finalizing the agenda but at this point we envision that you will be on the second
(afternoon) panel - which will be well before 4 pm. We are hoping to have the meeting concluded by 4 pm.
Again, soon as we finalize the agenda, to include the times, we will let you know. Also, we would like
for you to provide us with your written open statement no later than September 8. Please let us know if
that works for you.
Re publicizing your appearance 3-5 days in advance: We are fine with that.
Again, if you have any other questions feel free to let us know.
Thanks and see you soon!
Ron
Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Wednesday, August 16, 2017 10:47 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Ron,
It was great to talk with you yesterday.

I hope you're going and we can meet in NH.

I will focus on those topics. I do have two other questions. First: after the event, I am flying to
Baltimore and then out to California for the rest of the week. I booked the last flight out of
Manchester, NH, which is at 6 pm, and of course I'll need to get to the airport before that in the late
afternoon. Do you think I will be testifying in the morning, or at any event before 4 pm or so? If that
doesn't work for you, I can catch later flights out of Boston with a little more planning.
Second: do you all mind if we publicize my appearance by press release 3-5 days in advance?
Talk to you soon,
Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Direct: (202) 646-5173
Cell:

Original Message

17-2361-A-006604

 From: Williams, Ronald E. EOP/OVP [mailto:Ronald.E.Williams@ovp.eop.gov]
Sent: Wednesday, August 16, 2017 8:53 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>
Cc: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Subject: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning Bob - my apologies for just getting around to sending this. It was great speaking with you
yesterday and we look forward to having you provide testimony at the Commission's upcoming meeting.
You offered some great topics on which you could present. From those topics it would be great if you
could provide a general overview of the NVRA - to include your experience in the Voting Section and any
notable list maintenance cases (including those worked on in the Voting Section, the Husted case, and the
similar Georgia case). We would also like for you to present Judicial Watch's most recent report
involving "ghost voters." And finally, it would be helpful to the Commission if you could discuss your
thoughts and present any research conducted by Judicial Watch or other studies on faith in integrity of
elections.
Per our conversation yesterday, the Commission's next meeting is tentatively scheduled for September 12,
2017 at Saint Anselm's College in Manchester, New Hampshire. Of course, once we finalize the details we
will reach out to you to discuss the logistics. Again, it was great speaking with you and we look
forward to working with you. If you have any questions, feel free to contact me.
All the best,
Ronald E. Williams II
Policy Advisor
Office of the Vice President
Presidential Advisory Commission on Election Integrity
Cell:
Office: 202.395.1587
Email: Ronald.E.williams@ovp.eop.gov

17-2361-A-006605

 Message
From:
Sent:
To:
CC:
Subject:

Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
9/8/2017 6:01:47 PM
Jill Farrell [JFarrell@JUDICIALWATCH.ORG]; Robert Popper[rpopper@JUDICIALWATCH.ORG]; Williams, Ronald E.
EOP/OVP [Ronald.E.Williams@ovp.eop.gov]
Lotter, Marc E. EOP/OVP [Marc.E.Lotter@ovp.eop.gov]
RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017

The meeting starts at 10 a.m. Eastern, and there's one panel before Bob's starts. Depending on how things
go with the first panel, I expect Bob's panel to start sometime between 11:45 and 12:30, depending on
whether the chairman decides to break before or after Bob's panel. The meeting will adjourn by 4:00.
Hope that helps. If you have any other questions, just let me know.
Thanks,
Andrew
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity
Associate Counsel Office of the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Jill Farrell [mailto:JFarrell@JUDICIALWATCH.ORG]
Sent: Friday, September 8, 2017 12:27 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov›; Robert Popper <rpopper@JUDICIALWATCH.ORG>;
Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Do we know the duration of the event and what time Bob is scheduled to speak?
at 2, perhaps? Please let me know so that I can include it in our publicity.

9a - 4p, with Bob speaking

Thanks.
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, September 08, 2017 11:37 AM
To: Robert Popper <rpopper@JUDICIALWATCH.ORG>; Williams, Ronald E. EOP/OVP
<Ronald.E.Williams@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Thanks, Bob. We'll should be able to swap this with the other version.
Andrew J. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov

Original Message
From: Robert Popper [mailto:rpopper@JUDICIALWATCH.ORG]
Sent: Friday, September 8, 2017 11:09 AM
To: Williams, Ronald E. EOP/OVP <Ronald.E.Williams@ovp.eop.gov›; Kossack, Andrew J. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: RE: Presidential Advisory Commission on Election Integrity - Testimony - September 12, 2017
Good morning,
I had an issue with a few varying fonts, which I fixed in the attached.

I made NO changes to the text.

Bob

17-2361-A-006606

 Original Message
From: Robert Popper
Sent: Friday, September 08, 2017 1:17 AM
To: 'Williams, Ronald E. EOP/OVP' <Ronald.E.Wil liams@ovp.eop.gov›; Kossack, Andrew 3. EOP/OVP
<Andrew.J.Kossack@ovp.eop.gov>
Cc: Jill Farrell <JFarrell@JUDICIALWATCH.ORG>; Carter Clews <cclews@JUDICIALWATCH.ORG>
Subject: Presidential Advisory Commission on El ection Integrity - Testimony - September 12, 2017
Attached is my written testimony.

Please let me know if you need anything else.

Bob Popper
Director, Election Integrity Project
Judicial Watch, Inc.
425 Third Street, SW
Suite 800
Washington, D.C. 20024
Directiliiiiiiiiiiii(3
Cell:

17-2361-A-006607

 Message
From:
Sent:
To:
Subject:

von Spakovsky, Hans [Hans.VonSpakovsky@heritage.org]
9/8/2017 6:54:28 PM
Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov]
RE:[Postmaster] Email Delivery Failure

No problem - thanks for letting me know.

Hans von Spakovsky
Manager, Election Law Reform Initiative and senior Legal Fellow
Institute for Constitutional Government
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6207
heritage.org
Original Message
From: Kossack, Andrew J. EOP/OVP [mailto:Andrew.J.Kossack@ovp.eop.gov]
Sent: Friday, September 8, 2017 2:54 PM
To: von Spakovsky, Hans <Hans.VonSpakovsky@heritage.org>
Subject: Fw: [Postmaster] Email Delivery Failure
Hi Hans,
I tried to send you all the materials for Tuesday's meeting, but got a bounce-back due to the file sizes.
I'll send you a link to the webpage where all of the materials will be posted later today Sorry about
that.
Thanks,
Andrew
Andrew 3. Kossack
Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of
the Vice President
Cell:
Email: Andrew.J.Kossack@ovp.eop.gov
Original Message
From: Postmaster [mailto:postmaster@heritage.org]
Sent: Friday, September 8, 2017 2:27 PM
To: Kossack, Andrew J. EOP/OVP <Andrew.J.Kossack@ovp.eop.gov>
Subject: [Postmaster] Email Delivery Failure
This is a delivery failure notification message indicating that an email you addressed to email address :
-- hans.vonspakovsky@heritage.org
could not be delivered. The problem appears to be :
-- Recipient email server rejected the message
Additional information follows :
-- 5.3.4 Message size exceeds fixed maximum message size
This condition occurred after 1 attempt(s) to deliver over a period of 0 hour(s).
If you sent the email to multiple recipients, you will receive one of these messages for each one which
failed delivery, otherwise they have been sent.

17-2361-A-006608