Ma Hing A 
PO. Box 27255.

A I A 
(919) 314-0700 or
{366) 5224723

STATE BOARD OF ELECTIONS Faxil?l?Hl?'?mE

VIA EMAIL

John Branch
for Mark Harris for Congress Committee

February 21, 2019

Re: New production of records previously not produced under the State
Board?s subpoena to the Mark Harris for Conggess Committee dated
December 1, 2018 and February 6, 2019.

Mr. Branch:

Last night, ahead of the fourth day of testimony in the evidentiary hearing on
your case, counsel for the State Board received a new production from the Mark
Harris for Congress Committee (the ?Committee?). New records were provided
days after you had con?rmed in writing that you had already produced ?all
responsive, non-objectionable" documents in response to the State Board?s

subpoenas."

The Committee?s prior representation was ?mistaken,? according to your email,
because your ?supplements were responding to the Board's supplemental
request and not the entirety of the subpoena.? I assume you are referring to
the January 15 letter captioned, ?Request for clari?cation regarding
productions under the State Board subpoena to Mark Harris for Congress
Committee dated December 1, 2018? (enclosed), and to which the Committee
responded with documents on February 8.

To be clear, there was no supplemental subpoena. The terms of the State
Board?s two subpoenas to the Committee, issued December 1, 2018 and then

on February 6, 2019 under the new Chair?s signature, were identical in scope.
Both clearly included all documents related to ?Leslie McCrae Dowless, Jr."
and ?Absentee ballots and absentee ballot request forms? from January 1, 2016
through December 1, 2013 in the possession of the Committee.

Based on your communication from last night, you represent that y0u only
conducted ?additional searches of documents, emails, and texts between March
1, 2017 and July 4, 2017 using the terms ?absentee?, ?ballot?, and different
iteratiOns of ?McCrae' and ?Dowlessm yesterday afternoon.

My letter of January 15, did not modify any term of the subpoena. Rather, it
informed the Committee of our Agency?s view that in effort to shield
communications prior to July ?ling of certain statements with the