U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 July 11, 2018 SENT VIA E-MAIL TO: weiserw@brennan.law.nyu.edu Wendy R. Weiser Director, Democracy Program Brennan Center for Justice at NYU School of Law 120 Broadway, Suite 1750 New York, NY 10271 Re: 17-cv-06335-KBF Brennan Center v. DOJ, et al. Fifth and Final Release Dear Ms. Weiser: This is our fifth and final response to your Freedom of Information Act (FOIA) requests to the Department of Homeland Security (DHS), received on May 17, 2017, and July 26, 2017. As stated in previous correspondence, we referred 40 pages of responsive records to other agencies. In our last interim response, we provided you with a response with regard to five of those pages. After referring and reviewing the remaining 35 pages, we have determined to release to you 3 pages in full, and release in part and withhold in part 32 pages pursuant to FOIA Exemption 6 (5 U.S.C. 552(b)(6)). If you have any questions regarding this release, please contact Assistant U.S. Attorney Casey Lee, United States Attorney’s Office, Southern District of New York, at (212) 637-2714, or by email at Casey.Lee@usdoj.gov. Sincerely, Bradley E. White FOIA Program Specialist RE: Election Commission Date: 2017l0?{10 22:40:16 Normal Note Perfect! Thanks. Department 0! Homeland Security From: Nielsen, Kirstjen Sent: Monday, July 10, 2017 10:40 PM Subject: RE: Election Integrity Commission Tank-or have her join too Immigration?aw -?-?Chief of Staff Department of Homeland Security Sent: on ay, uy 710:38:19 PM To: Nielsen, Kirstjen Subject: RE: Election Integrity Commission Simply a matter of matching up calendars across 6 ppi. While the initial approach was about election infrastructure/whet, I sensed it turning to lvoter roll databases, so I needed Gene. We couldn't get the times to match up Friday, but I'll do the call tomorrow and stitch him in later on. Department of Homeland Security From: Nielsen, Kirstjen Sent: Monday, July 10, 2017 10:12 PM To Subject: RE: Election Integrity Commission Why the delay since last week? Did I miss a step? -?-?Chief of Staff Department of Homeland Security From: Sent: Monday, July 10, 2017 10: 10:43 PM To: Nielsen Kir 'en Cc: Subject: RE: Election Integrity Commission Will do. That De artment of Homeland Security From: Nielsen, Kirstjen Sent: Monday, July 10, 201? 9:31 PM To Cc: Subject: FW: Election Integrity Commission reach out to them first thing tomorrow Thanks From: Kossack, Andrew J. EDPJOVP Sent: Monday, July 10, 2017 5:45:04 PM Gene Cc: Nielsen, Kirstjen: Paoletta, Mark R. Morgan, Matthew E. Pitcock, Josh M. EOPJOVP Subject: Re: Election Integrity Commission Just re-upping thisuGene, do you have any availability tomorrow? Thanks, Andrew Andrew J. Kossack Associate Counsel Of?ce of the Vice President Email Cell Sent from my iPhone On Jul 3, 2017, at 2:50 PM, Paoletta, Mark R. wrote: What time are you and Gene available on Monday? Mark MARK R. PADLETFA Counsel to the Vice President From: Sent: Thursday, July 5, 2017 11:00 PM To: Paoletta, Mark R. Cc: Nielsen, Kirstjen Kossack, Andrew J. EOPIOVP Morgan, Matthew E. EOPJOVP Pitcock, Josh M. EDPIOVP Li 5861:: ectlon ommission No worries, let me huddle w/ Gene and get back to you on a time. Thanks, Department of Homeland Security Fram1Panletta. Mark R- Sent: Thursday, July 6, 2017 5:35 PM To:? Cc: Nielsen Kossack, Andrew J. EOPXOVP Morgan, Matthew E. Pitcock, Josh M. Subject: RE: Election Integrity Commission Sorry, was in meeting from 4 until just now. We can talk now or in the am. Anxious to connect up. Thanks. Mark MARK R. Counsel to the Vice President cell) an1? Sent: Thursday, July 6, 2017 4:56 PM To: Paoletta, Mark R. EOPJOVP Cc: Nielsen, Kirstjen Kossack, Andrew J. organ, Matthew E. Pitcock, Josh M. EOPIDVP Subject: RE: Election Integrity Commission Mark, any chance you?re free at 5:30? From: Paulette Mark R- Sent: Thursday, July 5, 201? 12:18 PM TO Cc: Nielsen, Kirst?en Kossack, Andrew J. Morgan, Matthew E. EDPIOVP Su ject: Re: Election Integrity Commission Does 230 work? Dr 430? Mark Paoletta Counsel to the Vice President (work) (cell) Sent from my iPhone on a. 2m at 9:52 An?wmte: Gene Mark, Let's definitely get on a call today I?ll bring along Gene Hamilton SI. we can close the loop on CIS's SAVE database, too. Thanks, From: Paoletta, Mark Ft. Sent: Thursday, July 5, 2017 9:31 AM To: Nielsen, Kirstjen? Cc: Kossack, Andrew J. PW .l Wm Morgan, Matthew E. {my lPitcock, Josh M. lam Subject: Re: Election Integrity Commission Kirstjen, Andrew Kossack will send you the materials. He is staffing the commission. Can we have a conference call today with our team and you andfor Chris? We spoke with @a couple of weeks ago and wanted to follow up on our discussion. Thanks. Mark Mark Paoletta Counsel to the Vice President '[worki {cell} Sent from my lPhone On Jul 4, 2017, at 7:55 AM, Pitcock, Josh M. [ma?a wrote: Thanks, Kirstjen. Yes, let me connect you with Mark Paoletta on this. Happy 4th! Sent from my iPhone On Jul 3, 2017, at 5:13 PM, Nielsen, Kirstjen lwrote: Hi Josh, How are you? I?m reaching out with respect to last week?s letter sent out by the Presidential Advisory Commission on Election Integrity. In that letter, the Commission asks how it can ?support state and local election administrators with regard to information technology security and vulnerabilities." We want to be sure that we understand the request and coordinate so that the DHS-001-HQFO-00794-000090 Commission's efforts touching on cybersecurity don?t create any confusion or inadvertently disrupt critical efforts DHS is leading to work with state and local of?cials [including State Secretaries). To help clarify roles, would it be possible to share a charter or scope of the Commission so we can help tie-conflict where the Commission is going and Ongoing DHS efforts? Meanwhile, we would be to update the Commission on the Dapartment's election systems infrastructure protection initiatiVES and programs if helpful to ensure that we're successful in our respective missions while not overtaxing or confusing our stakeholders. Thanks in advance the Department is standing by to help the Vice President in his efforts! Hope you have a fabulous 4th ofJuly! Best, Kirstjen "Nielsen, Kirstjen Sent Date: 201?f0?f10 22:40:15 DHS-001-HQFO-00794-000091 "Nielsen, Kirstjen Subject: RE: Election Integrity Commission Date: 2017;070'25 1D:23:1l} Priority: Normal Type: Note Thanks, Andrew. Gene P. Hamilton Senior Counselor to the Secretary US. Department of Homeland Security From: Kossack, Andrew J. Sent:Tuesda Jul 25 To Hamilton, Gene Cc: Nielsen, Kirstjen Paoletta, Mark R. Morgan, Matthew E. Pitcock, Josh M. Subject: RE: Election Integrity Commission Thanks, Chris. Tomorrow at noon would be great. I?ll set an appointment so we can get you and Gene through WAVES. We'll see you then. Andrew J. Kossack Associate Counsel Of?ce of the Vice President Cell? From Sent: Tuesday, July 25, 201? 8:34 AM To: Kossack, Andrew J. Hamilton, Gene Cc: Nielsen, Kirstjen _aoletta, Mark R. EOPIDVP _Morgan, Matthew E. Eopxovp Pitcock, Josh M. EOPIOVP Subject: RE: Election Integrity Commission Andrew, Gene and I can come see you tomorrow if you're free? 12/ 12:3 Dish? Otherwise, let me circle on a call time and get back to you. Department of Homeland Security From: Kossack, Andrew J. EOPIOVP Sent: Monday, July 24, 201? 4:56:23? PM To:_ Hamilton, Gene Cc: Nielsen, Kirstjen; Paoletta, Mark R. Morgan, Matthew E. Pitcock, Josh M. Subject: RE: Election Integrity Commission Hi:- ?Would you and Gene be available sometime tomorrow (7/25) for a call? just left you a uoicemail as well. We could do either sometime between noon~1:00, or after 4:00, if either of those would work for you. Thanks again, Andrew Andrew J. Kossack Associate Counsel Office of the Vice President can:? From:? Sent: Tuesday, July 11, 201? 9:46 AM To: Kossack, AndrewJ. Hamilton, Gene Paoletta, Mark R. Pitcock, Josh M. Subject: RE: Election mum Andrew, we do have time today. What works for you? Cc: Nielsen, Kirstjen Thanks, Sent: Monday, July 10, 201? 5:45 Tm?Hamilton. Gene Cc: Nie sen, Kirstjen aoletta, Mark R. Pitcoc Josh M. EOP 0V Subject: Re: Election Integrity Commission Just re-upping this. Chris/Gene, do you have any availability tomorrow? Thanks, Andrew Andrew]. Kossack Associate Counsel Office of the Vice President Email? Sent from my iPhone On Jul 3, 2017, at 2:50 PM, Paoletta, Mark FL EOPIOVP ?wrote:- Chris, What time are you and Gene available on Monday? Mark MARK R. PAOLETTA Counsel to the Vice President work) cell Hm? Sent: Thursday, .lu 6, 2017 11:00 PM To: Paoletta, Mark R. Cc: Nielsen, Kirstjen Kossack, Andrew J. EOPXOVP organ, a ew E. Pitcock, Josh M. _Hamilton. Gene Subject: RE: Election Integrity Commission No worries, let me huddle w/ Gene and get back to you on a time. Thanks, Department of Homeland Security mum-max? Sent: Thursday, July 6, 2017 5:35 PM To Cc: Nielsen, Kirstjen Kossack, Andrew J. Morgan, Matthew E. EOPIOVP Pitcock, Josh M. Suhject: HE: Election Integrity Commission Sorry, was in meeting from 4 until just now. We can talk now or in the am. Anxious to connect Up. Thanks. Mark MARK R. Counsel to the Vice President -ka? cell) From: Sent: urs av, Ju 6, 2017 4:56 PM To: Paoletta, Mark R. Cc: Nielsen, Kirstjen ossack, Andrew J. EOPIOVP organ, Matthew E. Pitcock, Josh M. EOPIOVP Suhject: RE: Election Integrity Commission Mark, any chance you?re free at 5:30? From: Paoletta, Marl: R. Sent: Thursday, July 6, 2017 12:13 PM - ossack, Andrew J. Morgan, Matt ew E. EOPIOVP ?Phonon Josh M. EDPIOVP 1e e: Ion negn ommission Does 230 work? Dr 430? Mark Paoletta Counsel to the Vice President (work) (cell) Sent from my iPhone Gene Mark, Let's definitely get on a call today I'll bring along Gene Hamilton ii we can close the loop on ClS?s SAVE database, too. Thanks From: Pauletta. Mark R- sop/ow Sent: Thursday, July 6, 2017 9:31 AM To: Nielsen, Kirstjen Cc: Kossack, Andrew J. organ, Matthew E. Pitcock, Josh M. Subject: Re: Election Integrity Commission Kirstjen, Andrew Kossack will send you the materials. He is staffing the commission. Can we have a conference call today with our team and you and/or- We spoke with- couple of weeks ago and wanted to follow up on our discussion. Thanks. Mark Mark Paoletta Counsel to the Vice President {work} {cell} Sent from my iPhone On Jul 4, 2017, at 7":55 AM, Pitcock, Josh M. wrote: Thanks, Kirstjen. Yes, let me connect you with Mark Paoletta on this. Happy 4th! Sent from my iPhone On Jul 3, 2017, at 5:13 PM, Nielsen, Kirstjen Hi Josh, How are you? I?m reaching out with respect to last week?s letter sent out by the Presidential Advisory CommissiOn on Election Integrity. In that letter, the Commission asks how it can ?support state and local election administrators with regard to information technology security and vulnerabilities." We want to be sure that we understand the request and coordinate so that the Commission's efforts touching on cybersecurity don?t create any confusion or inadvertently disrupt critical efforts DHS is leading to work with state and local officials (including State Secretaries). To help clarify roles, would it be possible to share a charter or scope of the Commission so we can help tie-conflict where the Commission is going and ongoing DHS efforts? Meanwhile, we would be happy to update the Commission on the Department?s election systems infrastructure protection initiatives and programs if helpful to ensure that we're successful in our respective missions while not overtaxing or confusing our stakeholders. Thanks in advance the Department is standing by to help the l.l'ice President in his effortsl 4th Hope you haye a fabulous ofJuiy! Best, Ki rstjen Sent Date: 10:23 :08 Dalivemd Date: 10:23:11] . ?Hamilton, Gane- Sub'ect- Fw: Statement from Kris Kobach, Kansas Secretary of State and Vice Chair cfthe Presidential Advisory Commission on Election Integrity Date: 2U17f??05 16:54:55 Priority: Nontral Type: Note Look what just popped in. .. From: White House: Of?ce of the Vice President [mailto:whitehouse? noteply@nres sageswhitehousegov] Sent: Wednesday, July 5, 2017 4:53 PM To: Media Inquiry Sub eet: Statement from Kris Kobach, Kansas Secretary of State and Vice Chair of the Presidential Advisory ornmission on Election Integrity THE WHITE HOUSE Office of the Vice President FOR IMMEDIATE RELEASE July 5, 2017 Statement from Kris Kohaelr, Kansas Secretary of State and Vice Chair of the Presidential Advisory Commission on Election Integrity ?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 DHS-001-HQFO-00794-000099 have refused the Commission's request for publicly available voter information. Despite media distortions and obstruction by a hand?il 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.? Unsuhscribe The White House 180D Avenue. - DC 20580 mama-111 Sent Data: 2017107,?05 16:54:54 Delivmd??ata: 16:54:55 From: Kossack, Andrew J. I"Nielsen, Kirstjen "Morgan, Matthew E. "Pitcock, Josh M. EOPIOVP Subject: RE: Election Integrity Commission Date: 09:54:13 Type: Note To: CC: Hi Kirstjen, Attached is a copy of the Commission's charter. It tracks closely with the governing Executive Order, which is available here: use. govfthe-pres s-o [ice/20 Up res ide ntial-exeoutive-order? I hope these materials are helpful. If you have any questions or need anything else, just let me know. Thanks, Andrew Andrew J. Kossack Associate Counsel Office of the Vice President DHS-001-HQFO-OO794-000101 Ce": Email: From: Paoletta. Mark R. EDPIDVP Sent: Thursday. July 6. 201? 9:31 AM To: Nielsen, Kirstje? Cc: Kossack, Andrew J. EOPKOVP Morgan, Matthew E. EOPJOVP Pitcock, Josh M- Subject: Re: Election Integrity Commission Kirstjen, Andrew Kossack wiil send you the materials. He is staffing the commission. Can we have a conference call today with our team and you andfor Chris? We spoke with Chris a couple of weeks ago and wanted to foi'low up on our discussion. 02 Thanks. Mark Mark Pacletta Counsel to the Vice President _work) _tcem Sent from my iPhone On Jul 4, 2017, at 7:55 AM, Pitcock, Josh M. ?~roe:t Thanks, Kirstjen. Yes, let me connect you with Mark Paulette on this. DHS-001-HQFO-00794-0001 03 Happy 4th! Sent from my iPhone On Jul 3. 2017. at 5:13 PM, Nielsen, Kirstjen Fwt?' ?lzvrote: Hi Josh, How are you? I?m reaching out with respect to last week's letter sent out by the Presidential Advisory Commission on Election Integrity. In that letter, the Commission asks how it can ?support state and local election administrators with regard to information technology security and vulnerabilities.? We want to be sure that we understand the request and coordinate so that the Commission?s efforts touching on cybersecurity don?t create an}r confusion or disrupt critical efforts DHS is leading to work with state and local of?cials {including State Secretaries). To help clarify roles, would it be possible to share a charter or scope of the Commission so we can help de-conflict where the Commission is going and ongoing DHS efforts? Meanwhile, we would be happy to update the Commission on the Department?s election systems infrastructure protection initiatives and programs if helpful to ensure that we?re successful in our respective missions while not overtaxing or confusing our stakeholders. Thanks in advance the Department is standing by to help the Vice President in his efforts! 4th Hope you have a fabulous ofJulvl Best, Kirstjen Sender: Kossack, Andrew J. EOPIDV "Paulette, Hark "Hi I ?Morgan, Matthew E. "Pitcock, Josh M. EOPIOVP Sent Date: 2017f??f06 09:54:04 Dalivarad Date: 2017IGWDEI 09:54:13 Kossack, Andrew J. EOPIDVP "Hamilton, Gen :'Barou N-uer Subject: RE: WAVES Date: 201NUBIZ4 10:46:53 Type: Note We got it. You?re all clear. Andrew J. Kossack Executive Director, Presidential Advisoryr Commission on Election Integrity Associate Coun5el, OffiCe of the Vice President Email: From Hamilton. Sent: Thursday, August 24, 2017 10:27 AM 06 To: Kossack. Andrew 1- EBMW Subject: RE: WAVES Never mind. 1 think we just got it. Gene P. Hamilton Senior Counseler to the Secretary US. Department of Hemeland Security From: Hamilton, Gene Sent: Thursday. August 24. 2017 10:26 AM Tn: 'Kossack, Andrew J. Bows/P? 0.1? Barnum Nader Subject: WAVES Hi Andrew, 07 Look forward to seeing you later today. We have another attendee or two for the 2:00 meeting today. Can you please assist with building clearance? I think the WAVES link already closed. Thanks! Gene P, Hamilton Senior Counselor to the Secretary US. Department of Homeland Security Kossack, Andrew J. EUPIDVP - - Recipient: Sent Date: 20171133124 10:46:51 Deliver?ll Date: 10:46:53 08 . Cissna. ?ffany Subject: FW: Designatedeppolnted on 7,111,!1? Date: 2017107} 12 03:25:16 Prin?ty: Normai Type: Note See below re Jim McDonnell From: Doocey, Sean E. Sent: Wednesday, July 12,. 2017 8:20:03 AM To: Cissna, Tiffany Subject: Fwd: Designatedmppointed on Willi? Sent from my iPhane DHS-OO1-HQFO-00794-0001 09 Begin ferwarded message: From: "Bullock, Katja Date: July 12. 2017 at 8:13:35 AM EDT To: Sean E. "Roscoe, John M. ?Feinberg, Rebecca P. 00k, Carrie E. "Paoletta, Mark R. Ce: "DeStefano. J?h? 1- Subject: FW: Designatedeppainted on 7l11/17 Please notify your respective agencies of the below listed appointments/designations From: McCathran, William W. EOPFWHO [mailt Sent: Tuesday, July 11, 2017 4:17 PM To: Bullock, Kalja EOPIWHO Bueci. Kristine A. EOPWHO 10 Cc: Clerk 7 Subject: Designatedeppointed on 7/1 U17 Designated on If] 7 Thomas R. Hardy deSIgnated Acting Director of the Trade and Development Agency. Appointed on 1H7: Matthew Devost, ot?Virginia. to be Administrator of the Of?ce of Electronic Government. Of?ce of Management and Budget, vice Anthony E. Scott. Neomi Rao, of the District of Columbia, to be Administrator of the Of?ce of Information and Regulatory Affairs. Of?ce of Management and Budget. vice Howard A. Shelanski. Donald P. Loren, of Virginia. to be an Assistant Secretary of 1Veterans Affairs (Operations. Security. and Preparedness}. vice Kevin T. Hanretla. James McDonnell. of Virginia. to be Director for Domestic Nuclear Detection, Department of Homeland Security, vice L. Wayne Erasure. resigned. Christian Adams. of Virginia. to be a Member of the Presidential Advisory Commission on Election Integrity. (New Position) DHS-001 -HQFO-00794-0001 11 Alan Lamar King, of Alabama, to be a Member of the Presidential Advisory Commission on Election Integrity. (New Position} Hans A. von Spakovsky, of Virginia. to be a Member of the Presidential Advisory Commission on Election Integrity. (New Position} Kevin R. Hanrahan, of Texas, to be a Member of the President's Commission on White House Fellowships, vice Helene D. Gayle John H. Hammergren, of New Hampshire, to be a Member of the President's Commission on White House Fellowships, vice Pierre M. Omidyar. Richard F. Hohlt, of Virginia, to be a Member of the President?s Commission on White House Fellowships, vice L. Hale. Kenneth R. Nahigian, of Virginia, to be a Member of the President's Commission on White House Fellowships, vice Alice T. Gennond. William McCathran Assistant Executive Clerk The White House Of?ce Room 2, EEOB Tel. '1 Sent Data: 12 03:25:16 13 From: The White House "Ramirez! Edgar ?3 -, Subject: A Message From The President Date: 20133107,!20 09:03:20 Type: Note A MESSAGE FROM THE PRESIDENT Yesterday. I met with Republican Senators at the White House and told them that now is the time for action. Obamacare was a big lie. ?You can keep your doctor"?lie. ?You can keep your plan"?lie. Now. people are hurting. and inaction is not an option. We must repeal and replace this disaster. The Senate should not leave for summer recess until it has passed a plan to give our people great healthcare. I'm ready to act; I have pen in hand. I'll sign the legislation into law, and then we can celebrate for the American people. - President Donald J. Trump President Trump Hosts Made in America Roundtable with American Companies Yesterday. President Trump hosted a Made in America Roundtable with 20 American companies and 4 members of Congress. The discussions were focused on the importance of manufacturing products in American factories with American workers. Read More President Trump Discusses Healthcare Plan with Members of Congress President Trump hosted a lunch with members of Congress to discuss the problems with healthcare and to urge not only the repeat but also the replacement of the disaster known as Obamacare. President Trump's new plan for healthcare will substantially lower premiums. repeal burdensome taxes, expand coverage options, protect preexisting condition coverage. improve medical outcomes for low income Americans. and redirect authority from Washington DC. to the states so they can innovate and develop the best practices for the American people. Watch the Discussion Vice President Pence Leads First Meeting of the Presidential Advisory Commission on Election Integrity Yesterday. Vice President Pence was joined by several elected officials at the ?rst meeting of the Presidential Advisory Commission on Election Integrity, which is designed to explore and ?x vulnerabilities in the voting process to ensure the integrity of our system. Watch the Video PHOTO OF THE DAY President Donald J. Trump and Vice President Mike Pence July 19, 2017? [Official White House Photo by Joyce N. Boghosian) POTUS AND VP TODAY Today, President Trump and Vice President Pence will be making an announcement at the White House regarding a Pharmaceutical Glass Packaging Initiative. COMING UP THIS WEEK Tomorrow, President Trump will welcome the survivors of the USS Arizona to the White House. On Saturday. President Trump will travel to Norfolk, Virginia, to attend the commissioning of the USS Gerald R. Ford. Priva CV Policy Conrad [he House Sender: The White House Recipient: "Ramirez Edgar Sent Date: 2017101320 09:01:34 Deiivered Data: 09:03:20 16 _leaoan David??f?? rom. mm To: '?Hamilton, Genekbj'il?? site) Subject' FW: Washington Times: Immigration agencv won't commit to giving noncitizen data to voter fraud commission Date: 2017707105 16:16:55 Priority: Normal Type:!Note For our 4:30 call, here is the WaTimes story of concern. From: Short, Michael C. EOPIWHO Sent: Wednesday, July 05, 2017 9:44:19 AM To: Hoffman, Jonathan; Lansing, Christyn; Lapan, David Subject: FW: Washington Times: Immigration agency won't commit to giving noncitizen data to voter fraud commission Can you connect me to right person at USCIS for this? From: Comms Alert Sent: Wednesday, Julyr 5, 2017 6:18 AM Subject: Washington Times: Immigration agencv won?t commit to giving noncitizen data to voter fraud commission Immigration agency won?t commit to giving noncitizen data to voter fraud commission Washington Times Rowan Scarborough July 4, 2017 givino+records-to-votef The US. immigration agency that holds millions of records on noncitizens living legally in the US. will not commit to turning over that data to President Trump?s commission on voter fraud. The Commission on Election Integrity already has clashed with Democrat-run states that are refusing to meet its written requests to provide voter rolls. The information is considered public and is often given or sold to political groups. Commission Vice Chairman Kris Kobach, the Kansas secretary of state, told The Washington Times in May that he also wants U.S. Citizenship and Immigration Services to provide the identifications of noncitizens living as permanent residents with green cards. The idea is to compare that huge list with another large database, this one of registered voters maintained by the states. Under federal law, it is illegal for noncitizens to register and to vote in federal elections. Polls and some spot- check investigations suggest that many do. The Times asked CIS, a branch of the Department of Homeland Security, whether it would comply with a request from the commission, which is headed by Vice President Mike Pence. The agency provided a statement to The Times that fell short of a commitment: ?It would be speculative and premature to comment on any future hypothetical request from the Commission to DHS for information.? The statement also noted that Mr. Trump?s executive order states that the commission?s work ?shall be implemented consistent with applicable law.? Homeland Security?s answer suggests that federal law may block data transfer. The Trump executive order states, ?Relevant executive departments and agencies shall endeavor to cooperate with the Commission.? Acquiring immigration data would seem critical to the commission if it is to settle a raging question: How many noncitizens in the U.S. vote illegally? Liberals generally say few, if any, go to the polls. Conservative activists and Mr. Trump contend that many cast ballots, and mostly for Democrats. The only way to find hard numbers, at least for legal immigrants, would be to compare voter rolls with immigration rolls, and the only agency that keeps such noncitizen data is the Homeland Security Department. How many legal noncitizens of voting age live in the U.S. today? James Agresti, president of Just Facts, said the U.S. Census Bureau puts the number at 11.29 million and Homeland Security statistics calculate a higher number: 11.9 million. The polling estimate for illegal immigrants living in the U.S. is another 11 million, approximately, with most of voting age. think DHS needs to make it available,? said Tom Fitton, Judicial Watch president. ?They?ve made it difficult, if not impossible, for states to use that DHS-001-HQFO-00794-000118 information. And if they get in the way of a presidential commission doing it, then that shows you the deep state is still running the show.? The ?deep state? is a label conservatives use to describe federal government employees and officials appointed by President Obama who are conspiring to sabotage the Trump administration. ?This is a serious issue. Voter fraud is a serious issue,? Mr. Fitton said. Whether it?s a few hundred thousand or a few million, we need to figure out what the scope of the problem is so it can be addressed. The data is available. lt?sjust a matter of matching data. It's not an issue of going out and knocking on doors." But Myrna Perez, who heads the Brennan Center?s voting rights and elections project, called Mr. Kobach?s plan a ?witch hunt." think engaging in some sort of witch hunt to try to find noncitizen voters on the rolls is a tremendous waste of time and a misuse of taxpayer resources,? Ms. Perez said. ?There have been numerous analyses of studies that indicate that there are not that many noncitizens on the rolls, and very few of them vote.? Ms. Perez, who authored the study ?Noncitizen Voting: The Missing Millions,? also said Homeland Security?s information can be unreliable. also think we do not have in our country an always up-to?date list of noncitizens,? she said. will have some of them. We don?t make everybody register like that. We don't have a citizenship registry. And then people?s statuses change. For example, some of the states have issues whereby they think someone will be a noncitizen because they presented a green card for a driver?s license, but they got the driver?s license four years ago, and in the last two years, they became a citizen. It's hard to correct for things like that.? The Times reported on June 4 that Homeland Security has another source of data that could go a long way in determining the breadth of noncitizen voting. All permanent residents who apply for citizenship must answer, under penalty of perjury, whether they have illegally registered to vote and whether they have voted. It is perhaps the only government questionnaire that asks such questions. The Times filed a Freedom of Information Act request for the answers to those two questions going back 10 years and involving millions of applicants. The US immigration agency denied the request, saying the answers are not compiled and archived. They would have to be individually searched on millions of forms if the Pence-Kobach commission made such a request. DHS-001-HQFO-00794-000119 Sant Date: 16:16:54 Delivered Data: 2017107,!05 16:16:55