USB is everywhere ... and it can easily take the control to seriously undermine network security , As a programmable device, a USB device is intelligent • malicious features only after trigger activity observed • USB device can present itself tas a network device > Windows will prefer wireline network connection over wireless • and then some good old Ethernet spoofing and other fun stuff ▪ Scenario : USB device spoofs Ethernet adapter • USB device replies to DHCP query with DNS evil server on the Internet, but without the default gateway • Internet traffic is still routed through the normal WiFi connection r DNS queries are sent to the evil server,enabling a redirection attack - r.,r440.1N rarkfar,rorrr.:::, Z:r.r. sT.r.r'..: •••: ... USB RUBBER DUCKY DELUXE S44.99 gasoity AR*. 'Awn Shim 'P 14,1 4 R.k0 LIA1 geris 44, Binder 181 1"..1 Tikiii• • ?••i.ikiig• , . : ...................................... •;, ,,, "" • LAN TURTLE $49,99 tz.p.ay f SiUtt‘ t• F2rM ??. 4 , 4 ... .. 1.•.• 1:.• .. .. .......• , .•' .ii •\\ tactiatgiik "46 •,4 , :fe:x.Y.,:Yellf.4 , 4.4.4,:,,,>4.4'. CONZACUllt MOt411.15 4.T.414kcan., .:412, , ..k.r4sql*PO4.04 , 104044tker0.447A11.904, 021.40(ONtAti 0.4,Ly4me fesfiv. MAINT1,1f4 ACCOS (.itt >$4f , D.V4AMO.A49.MAT4.4r444$1,441: te> .040 Binder 182 ••• uttt at„, tntt?..i10.00ff; 55.MOM: • Ssys :mwe'iNk.hois.t.::yrgh.grAn*:•?xxsw ASH BUNNY WORLD'S MOST ADVANCED USB ATTACK PLATFORM. wetw ktp atmis autlac4tbatxtrA pampiti. patatnition taming M.L16'4•311.4 tulz.ak, dyilvvnxi s<^.;:tra(11$' ,MA it*..IttraiSti.MV, Cri kEllged 1.3K3davicea Entowt, a,:;)tage at:41 izaylxratila torispatm ate tridttvtl itsta t1414ing da,ka, egarattrtg dontraMs? iattartitty 6ativiatoraatod'mats'Mow Oli/d/m, tinh ft 0...abat.el a atttple Mgritoto Mat yw. raa arty matTh grAticiar, <•ollit0:10t/ paigtQt.4.gt.4paka. irt 3410.2 143,tary tito right Mark 4 alt.d nay.SatIityt, itp Basil Daum atai:lai 1. ................,......,..„....,............„,..................,..,....,........,....................... .....................................,...................................................................................................... ....................................................,.......................„.......................„.................................... nordic • :.:.:.s,i'ira'or'i".ili'c:.,k',e;:',.'•.•..'•.•..a'•.M•::.•..aM•..MM:.:.:.'•.M..a.:.':M•..aMaMMgMMM•..M•..... ....„.......................................................... 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Crash into the Win world WiFi is everywhere • WiFi is extremely convenient ,> One can set their devices to automatically pair with the office network and other networks frequently visited • The devices automatically connect into paired networks • WiFi is an attack surface almost always • If the target system does not have WiFi,the people around the system do have wireless devices which r may be useful for the attacker to gain intelligence and/or a beachhead to carry out an attack omitus automaiicat\ „. .• witZ4 ki? 4,s•g‘ ‘015,,,,,%2., Crash into the WiFi world WIN management Is not secure • Management frames : • Define network SSID, crypt°(beacons) 1. Control client access(probe request, response) > Not authenticated . Not encrypted • New standards seek to address this in the future 'ott 1011 S.44 L'Ve.it...• 1,1.4,9104,rit0. Binder 185 not'dic Crash into the WiFi world How does it connect? , Finding a WiFi network is really easy • Networks are really noisy (radios are noisy by design) • Access point beacon talks all the time, up to 10x a second • Even 'hidden networks make noise when someone talks to it • No way to really hide 0/016 My& tr... Lew A9 Wu Reeentri kovans.V. XIS Crash into the WiFi world How does it connect? • Clients constantly look for networks to join • And often tell us every network they'd like to see(every network they are paired with) ), Just as easy to find as networks • ... and they get very noisy when they cannot find a network to join • Also they are very trusting, way too trusting . If network answers 'I am foo', it must be foo. Right? , So if an attacker has a stronger radio than your real Access Point You may not be talking to who you think you're talking to EvilAP also called as Evil Twin or Bad Karma . Answer ALL probe requests as the ultimate Yes Man , Are you "Free Public Wifi"? Sure am. • Are you "My Secure Corporate Network"? Yup! t OMA Nat% brad, ids% estokiptsFermact fiorandnr Binder 186 feto NWAl' L prd • •'• • Crash into WiFi world Disruption can a step on the way ). If one first sets up Evil AP and then spoofs real AP asking clients to disconnect ... and then the clients automatically reconnect fr."7 ... • : ... Web Server Victim '0414eM. coramt:tic4t. Attack 10 4 .2 , 111.P4.16 IA. At AlidlOt.tubd Pielsvane• Pat00 . . 5et's • . .„„ 0 ri .iistotepsattlee.press.onr ra.seittesvOaraeliisevl Pent rati ais Testing Devices Ar.cessoi:es Apparel Ser.oces Maki Site t:t Pwn PhoneT (16GB) 1,0S , I)0 kfi4e7W:4;v? 47 W.V.!Cd wo4 4441.0,3We. s PbDA-,,"Wird.‘s;;!.;:.e? A441, r4Rf •Tcidra-St advoced vin• r.4tkat. Th e&Aii•-:4*rt PeS ir: HbiliteAssettt mrge4;....seecc eaK siexes S. smart eraLial nextd. ClgaiJfki. . 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Ingenious form-factor ai highitintegratedimcdhisi hardware desIgn • Ci..satin thestre spectrum ofa ftikitale peomsg engagement,from physir.0-layertote eppkatieralam vvit * NDIEGOGO EvPlore How It Works Equity Weave" Sign Up STAAT A CAMPAIGN 4 VoCore2:$4 Coirt-sized Littux Computer With WiFi 1.wr,o.nd EJiutsrare. twg.40 mike wirelfix.s mitr.1* otm. woo l'arx.kt,:,N44 • . $95,248 USD totat funds460 1490% Iiatrktien Noiterr MS Binder 188 Log "mam Wm "livers Hal's-ht. 1mg: umber . Iptgq?mmf? headway-z; 231515 Ender?$? Voter fraud paGSVIPOIMBiout vocal skeptic https://www.usatoday.cornistoryinews/ix)litics/2017/09/111trunip-vot... Trump voter fraud panel will meet Tuesday vocal skeptic of voter fraud . Deborah Barfield Berry, USA TODAY Published 6:17 p.m. ET Sept. 11, 2017 Updated 6:28 p.m. ET Sept. 11, 2017 WASHINGTON — The commission President Trump created to study meeting Tuesday without one of its members who disputes there is a I Alan King, a Democrat from Alabama, said he told commission leader days in September when he couldn't attend a meeting because of his judge. Tuesday was one of them, but the commission scheduled its m "I wish I could be there, but I'm a Jefferson County probate judge," Kir (Photo: Mark VVilson, Getty Images) airport for his flight to Salt Lake City for a court technology conference commission meeting in New Hampshire, but "at the end of the day ... this is my priority." King says he isn't sure why he was chosen to serve on the Presidential Advisory Commission on Election Integr commission to study allegations of voter fraud in last year's presidential election. Trump claims the election inch. fraudulent voters, enough to erase Hillary Clinton's advantage in the popular vote. But King doesn't buy it. "I'd be shocked if there were 5,000. None of this 3 to 5 million business," he said. "It doesn't work that way. That STORY FROM LENDINGTREE (hti c=1 Reverse mortgage:Worth the risk? King is one of 12 members of the bipartisan commission led by Vice President Pence and Vice Chairman Kris K state and a longtime advocate for tougher voting restrictions. Only five commission members are Democrats. "I thought it was important for Democrats to have a seat at the table," King said in an interview. "I've been sever( OK. If you do this long enough you can't please everybody. The easy thing for me to do would be to say no. And 'Well maybe when all is said and done maybe I can bring up a few points,'" King took advantage of that platform in July at the commission's first meeting in Washington, D.C., where he pu$ technology. "If I can get some traction with that and get it included in the recommendations then I will consider that to be a gi 1 of4 9/12/17, 12:09 PM Voter thud paiceliAlliaPlitatout vocal skeptic https://ww w.usatoda y.c0m/story/newsfpo1itics/2017/09/11/tnimp-vot... Read more: Trump directs panel to tackle voter 'fraud' during commission's first session Ustory/news/politics/2017/07/19/trur fraud-durinq-vote-panels-first-session/491919001/) Democrats, civil rights group aim to block Trump election commission (/story/news/politics/2017/07/19/democrat election-commission/489949001I) 'What are they trying to hide?' Trump slams election officials over voter data request (/stondnews/2017/06/30/elf qroup-voter-info/443388001/) The commission has come under fire from civil and voting rights groups that charge it aims to suppress voter tur coalition of groups will hold a press conference Tuesday across from the commission meeting. Critics have also blasted Tuesday's agenda, which includes a panel on the effects of election integrity on voter c Civil rights activists and Democratic secretaries of state speak to lawmakers on July 18,2017, at a Democratic forum on I Deborah Barfield Berry USA TODAY) "I'm most troubled by the fact that the full day of panels and speakers that have been lined up reflect no race, 9€ Clarke, president and executive director of Lawyers' Committee for Civil Rights Under Law, noting all the paneli• Kobach claimed in a Sept. 7 column in the conservative Breitbart News that he now has proof of voter fraud last claim has been widely disputed.(http://www.factcheck.orq/2017/09/kobachs-boqus-proof-voter-fraud/) 2 of4 9/12/17, 12:09 PM Voter fraud pan VII Witahout vocal skeptic fittps://www.usatoday com/story/news/politics/2017/09/1 I/trump-Not-. National civil rights groups have filed lawsuits challenging the constitutionality of the commission, while Democri and get the group to drop its request for detailed voter information. King isn't a high-profile figure in the national election community and until the commission first meeting wasn't w director and founder of the Center for Election Innovation & Research based in Washington, D.C. "He seemed earnest and he raised some legitimate concerns about how the commission was approaching its bt Becker."The real question is going to be whether the real motivating forces in the commission are going to allovk commission's work." As a probate judge in Alabama, King is the chief election official in Jefferson County. He has been involved in 51 election official for 40 of them. King is helping coordinate a competitive special election Sept. 26 for the U.S. Senate seat of former Republican serving as attorney general. King said he submitted 10 recommendations last week to the commission. Among them, he called for $5 billion i states upgrade voting equipment. Kansas Secretary of State Kris Kobach and Vice President Pence attend the first meeting of the Presidential Advisory Co Executive Office Budding on July 19, 2017.(Photo: Mar* Wilson, Getty Images) King said he made it clear when he met this summer with White House officials about serving on the commissiol 3 or4 9/12/17, 12:09 PM Voter fraud patelailaPtilatout vocal skeptic https://www.usatoday.com/storyinewsipolities/2017/09/1 Iltrump-vot.., widespread voter fraud. 'I walked out of that meeting thinking,'Nobody is going to call me after this meeting,'" he recalled. King said he has been criticized mostly by Democrats for serving on the commission. Clarke praised King for condemning the commission's focus but said he and other members should call for its di But King said he's waiting for a date for the next meeting. "I didn't agree to be on the commission and not go to meetings," he said. Read or Share this story: https://usat.ly/2yOTLCb 4 of4 9/12/17, 12:09 PM Page 2 of 7 Voter Integrity Project NC,Inc. v. Wake Cnty. Bd.of Elections DISCUSSION Both motions to dismiss are Filed pursuant to 13yjs 126)(6)..' In a Rule 12_119(6) context, the reviewing court must determine whether the complaint alleges sufficient facts "to raise a right to relief above the speculative level" and "to state a claim to reliefthat is plausible on its face." This directive ordinarily limits a 1*31 court's review to the "well-pled facts in the complaint[, which it must view] in the light most favorable to the plaintiff," While no absolute bar exists, a motion to dismiss under Rule 12(b)(61 does not typically resolve the applicability of defenses to a welIpled claim. Goittlarb v. Mayor & 1CIIyCtwncil ofBaltiniore, 791 F.3d 500, 508 (4th Cir. 2015) (citations omitted) (alteration in original). With this standard in mind, the court will consider VIP-NC's NVRA claims. The NVRA reflects the view of Congress that the right to vote "is a fundamental right," that government has a duty to "promote the exercise ofthat right," and that discriminatory and unfair registration laws can have a "damaging effect on voter participation" and "disproportionately harm voter participation by various groups, including racial minorities." Congress enacted the NVRA in order to "increase the number of eligible citizens who register to vote" in federal elections, "enhance[ ] the participation of eligible citizens as voters," "protect the integrity of the electoral process," and "ensure that accurate and current voter registration rolls are maintained." 1 Because WCBOE tiled its answer with its motion to dismiss, its motion technically is one for judgment on the pleadings under Mile: See BurbczelLikoad Co.ofDeLL=.14klasidio Cont.27814'.3d :401,403 i46 Cir. .2002). "However, the distinction is one without a difference," as the court applies the same standard as Refirj2thal motions.Id. at 404. Project Vote/Voting for Am.. Inc. v. Long. 682 P.3(.1 331, 334(4th C.vir. 2012)(citing 42 1.1.S.C. § 19730,g (now codified at 52 U.S.C. § 20501))(alteration in original). Section R ofthe Act, which is at issue here, imposes 1*41 various duties and obligations regarding voter registration. The NVRA provides a private right of action to "[a] person who is aggrieved by a violation of[the NVRA]." 52 t.:7,C.C. 20510(b)(1). The aggrieved party must first provide "written notice of the violation to the thief election official of the State involved," id., unless "the violation occurred within 30 days before the date of an election for Federal office," id. 20510(by3). "Ifthe violation is not corrected within 90 days after receipt of a notice.. or vvithin 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office," the aggrieved person may file a suit. Id.I 205/0(122(21. V1P-NC alleges WCBOE violated Section 8 ofthe NVRA.In Count 1, VIP-NC asserts that WCBOE has failed to make a reasonable effort to conduct voter list maintenance under § 20507(a)t4).2 In Count II, it asserts that WCBOE has failed to respond to VIP-NC's written requests for data and failed to provide records in accordance with § 20507a). WCBOE initially argues that because the mandates of the NVRA are directed to states, it, as a local government unit, is not a proper party. WCBOE is correct that the particular subsections at issue are phrased in terms of state 1*51 obligations. "[E]ach State" is required, "[i]n the administration of voter registration for elections for Federal office,. .[to] conduct a general program that makes a reasonable America Vote Act ("HAVA"), JLC. 4;• 21Q8. 12(41. which requires the appropriate state or local election official to perform regular voter list maintenance,(Compl., DE # 1,1 30.) It recognizes that the HAVA does not provide a private right of action but contends that the provision is relevant to determining "whether the Defendant has a 'reasonable' program for voter list maintenance."(R.esp. Oppin WCBOE Mot. Dismiss,DE # 19,at 6 n.3.) IVIP-NC also claims WCBQE violated a provision of the Help Binder 194 Page 3 017 Voter Integrity Project NC;Inc. v. Wake Cnty. Bd. of Elections effort to remove the names of ineligible voters from the official lists ofeligible voters by reason of—(A) the death of the registrant; or (B) a change in the residence of the registrant .. . ."). 52 USX:. cY 205071a)(41."Each State" must also "maintain for at least 2 years and shall make available for public inspection . . . all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters...." Id. § 2050710(11. However, the NVRA also contemplates local government involvement in carrying out the State's obligations. See 52 US.C. 20501(a)(2)(finding "it is the duty of the Federal, State,and local governments to promote the exercise ofthat right" to vote),(b)(2)(recognizing one ofthe purposes of the NVRA is "to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office"). In North Carolina, the State •Board of Elections ("SBOE")[*61 is charged with adopting a program to comply with the NVRA's list maintenance requirement. See N.c. Gen. Sun. 163-82.14(a). However, North Carolina law also designates local county boards of elections as the entities directly responsible for performing list maintenance in accordance with that program. See id. L16382.100 ("Each county board of elections shall conduct systematic efforts to remove names from its list of registered voters in accordance with this section and with the program adopted by the State Board."). Pertinent here, each county board of elections is required to remove from its voter registration records any person who is listed as deceased on a monthly report from SBOE,id. .$2.14th); to "conduct a systematic program to remove from its list of registered voters those who have moved out of the county, and to update the registration records of persons who have moved within the county, id. ;'163-82.14(d); and to remove 3 in the context ofEarldess,Section 7requires that "any time a person enters a DIPS office to receive food stamps, Medicaid assistance, a person from its list who has moved after following statutorily mandated procedures, id. Based on WCBOE's explicit list maintenance obligations, the court concludes that VVCBOE is a proper party. See Bellitto v. Snipes. No. 16-cr-61474-BLOOM/Valle. 2016 U.S. Dist. LENS 148234, 2016 WI, 6248602 at *3-5(Si). fla. Oct. 26, 20161(denying motion to dismiss AIVR..4 Section 8 claims against the defendant local election official I*71 where the plaintiffs had not sued the Secretary of State or the State of Florida and recognizing that because the local election official has obligations under the NVRA based on state law, the plaintiffs may bring" an action against her for her alleged failure to meet those obligations); Am. civil Rights Union v. Martinez-Rivera, 166F. Supp. 3d 779, 791-93(WD. Tex. 2015) (rejecting the defendant county tax assessor-collector's argument for dismissal of NVRA Section8_ claim because the plaintiffhad not sued the Texas Secretary ofState). The decision of Harkless r. Brunner. 545 F.3:I 145 (6 . .111 Or. 2008), on which WCBOE relies, does not support a different result. There, the plaintiffs sued Ohio's Secretary of State and the Director of Ohio's Department ofJob and Family Services("DJ FS")for failure to comply with Section 7 ofthe NVRA.3 The Eighth Circuit considered "whether states should be held responsible for implementing the requirements of Section 7 ofthe NVRA." Harkless, 545 F. 3d at 449. The Secretary of State argued she should not be held responsible for any NVRA violations. Specifically, she claimed her only duty was to coordinate the state's responsibilities under the Act,"[a]nd, because Ohio chose to implement its requirements through the county departments and to make local officials responsible, those local officials, not the Secretary, are the proper parties to this lawsuit." Id at 451. The court Nil concluded that the state could not abdicate its responsibility under the NVRA through delegation to local officials and that the Secretary specifically was welfare, or disability benefits assistance, that person should receive a voter registration tbrm for federal elections and assistance in filling out the form."545 F..td 150. Binder 195 Page4 of7 Voter Integrity Project NC,Inc, v. Wake Ctity, I3d.ofElections responsible for implementation and enforcement of Section 7. Id. at 452-53. Accordingly,the court held the Secretary, as the designated chief election official, was a proper party. Id ,at 455. The Harkless court went on to consider whether the Director ofDNS,a state agency,could also be liable under the NVRA, A portion of its analysis bears repeating: Because Ohio law authorizes the statewide DJFS (and thus the Director) to ensure compliance with Section 7 of the NVRA, the Director relies on the following curious proposition: because local authorities have the independent responsibility to comply with the NVRA, the Director should not be held accountable. True, the Ohio General Assembly has tasked the county offices with implementing the NVRA; but, as previously explained, the General Assembly also tasked the Director with the power to enforce any county transgressions of federal law. This is not an either-or proposition.The fact that some states, like Ohio, delegate the administration of public assistance programs to counties or municipalities should not mean that those states are free of rsi all statutory obligations. kkat,4,57..(citations omitted)(emphasis added). The court held that the Director was also a proper party based on her responsibilities for meeting the requirements of the NVRA distinct from the Secretary of State's responsibilities. See id at 45657 .458. Contrary to WCBOE's suggestion, the court did not hold that the state (or a state official) is the (only) proper party in a NVRA action. WCBOE next appears to argue that VIP-NC's letter to WCBOE dated 2 June 2016 did not comply with the notice provision of§ 205.10(b) before filing suit. By that letter, VIP-NC notified WCBOE that When notice of the violation is required, the NVRA obligates the aggrieved party to provide the notice to the state chiefelection official. See 52 U.S.C. In North Carolina, the Executive Director of SHOE is designated as the chief election official for WCBOE was apparently in violation ofSection 8 of the NVRA by failing to conduct a reasonable effort to remove ineligible voters from its rolls and identified the basis for this belief: the "county has significantly more voters on the registration rolls than it has eligible living citizen voters." (Compl., Ex. A.) VIP-NC also requested that WCBOE make available for public inspection records under 20507(0. The letter states, among other things, that it serves as the statutory notice required by $ 205 tO(.122, and that ifthe county did not fully comply with Section 8, V1P-NC may file suit under the NVRA within 20 days after receipt. (jst.) The Executive Director of SBOE was No] copied on the letter.4 In National Council of La Raw P. Cegavske, 800 F.3d 1032. 1035 L9di Cir. 201.11, the court summarized the notice requirements of.§105/06) as follows. Whether the aggrieved person is required to give notice and how long the person must wait to file suit after giving notice depends on the timing of the next federal election. When the violation upon which a suit is based occurs a substantial time before the next federal election, the aggrieved person must notify the state of the alleged violation and must then wait 90 days before tiling suit.[52 U.S.C.,1€20510thwi)-(2j., However,"if the violation occurred within 120 days" ofa federal election, the aggrieved person must wait only 20 days after notifying the state before bringing suit. Id. '21_11.JM. . "If the violation occurred within 30 days" of a federal election, the aggrieved person does not need to give any notice before bringing suit. Id. § 205.10(b)3. Furthermore, A plaintiff can satisfy the NVRA'S notice purposes ofthe NVRA.ICcerLAR.d. S 16342,2. Therefore, having provided the Executive Director with a copy oldie 2 June 2016 letter, VIP-NC satisfied its obligation to provide written notice of the Violation to the chiefelection official. Binder 196 Page 5 of7 Voter Integrity Project NC,Inc. v. Wake Cray. Bd.ofElections provision by plausibly alleging that a ongoing, systematic violation is occurring at the time the notice is sent or, if no notice is sent, when the complaint is filed within 30 days of a federal election. Neither the notice nor the complaint needs to specify that the violation has been actually observed, and that there is thus a "discrete 1*11.1 violation," during the 120—day or 30—day period. It is enough that the notice letter and the complaint plausibly allege the existence of an ongoing violation within the appropriate time period, whether or not it was "discrete" during the period. Id. at 104(citations omitted). Here, WCBOE emphasizes that "plaintiffs lawsuit was initiated forty-six(46)days after the date ofthe letter" and "the letter was dated five(5) days before the June 7, 2016 North Carolina Congressional Primary."(Mem., DE # 15, at 9(footnote omitted).) WCBOE then argues that "the 'violation' plaintiff alleges, even if... taken as true, occurred in 2014." (Id. at 10.) While not explicitly saying so, WCBOE's contention appears to be that because the alleged violation occurred more than 120 days before a federal election, VIP-NC was required to wait 90 days after VVCBOE's receipt of the notice letter to file suit. VIP-NC has, however, alleged an ongoing violation of Seciton 8 in that WCBOE is continuing to violate the NVRA's list maintenance requirements. (See Compl., DE # 1, 1111 14, 15.) Because VIP-NC alleges an ongoing violation at the time ofthe notice letter, its filing ofsuit 46 days after the 2 June 2016 letter complied with the notice requirement of 4' 20.510(W2j. See Ce4ravske, 800 F.3d at 1044. program that makes a reasonable effort at voter list maintenance.5 In support ofthis claim, VIP-NC alleges that "voter rolls maintained by [WCBOE] contain or have contained more registrants than eligible voting-age citizens." 't 9.)Further, it cites to 2014 data from the U.S. Election Assistance Commission and the U.S. Census Bureau.(I.d. 111 10, 11.) Using that data, it alleges "the registration rate in Wake County has been 104.75 percent during the conduct ofa federal election."(Id.112.)ft also cites to more recent data, as of2 July 2016,from SBOE, 13),and based on that data along with the 2014 census bureau data, alleges "the registration rate in Wake County remains in excess of 104 percent of eligible citizens residing in Wake County," (Ld, 111 14), Also, as an example of WCBOE's "failure to reasonably maintain the voter rolls," VIP-NC alleges WCBOE "undertakes absolutely no effort whatsoever to use data available from the Wake County Clerk of Superior Court obtained from jury excusal communication" I*131 to identify "residents who self-identify as non-citizens or non-residents" or to identify "potentially obsolete mailing addresses of registrants." Usk I 19.) (j WCBOE characterizes VIP-NC's reliance on 2014 census bureau data ofeligible voters(which is based on an average from 2010 to 2014) as a "threadbare basis" to support its allegation that the number of registered voters in Wake County remains in excess of 104 percent ofeligible voters.(Mem.,DE# 15, at 10.) Somewhat relatedly, defendant-intervenors argue VIP-NC's conclusion based on the cited data is "oversimplified" because it disregards the NVRA's requirement that, absent his/her written request, a registered voter cannot be removed from Finally, both WCBOE and defendant-intervenors the official list of eligible voters on the ground of a contend that VIP-NC's allegations are insufficient to changed residence without written notice and only show a violation of the obligation to conduct a after two federal general elections after the notice. rill Defendant-itiwrvenors move only to dismiss Count I. Although WCBOE generally contends that VIP-NC's factual allegations fail to support a cause of action under the NVRA,(Mem., DE # 15, at 3), WC130E make no specific arguments to support dismissal ofCount II other than continuing its argument that VIP-NC has sued the wrong party,(kl,at 8-9). For the reasons set forth above,the court disagrees and concludes WCBOE,to the extent it maintains records concerning implementation ofits list maintenance activities(which incidentally it does not deny that it does), is required to make such records available for public inspection. Binder 197 Page 6 of7 Voter Integrity Project NC,Inc. v. Wake Crity. Bd.ofElections (Mem., DE # 28, at 8.) See also 52 U.S.0 2050741)(1). "Thus, [according to defendantintervenors,] it is entirely plausible that the number of registrants would exceed the eligible voting age population in a jurisdiction with high voter participation and a relatively transient population." (Mem.,DE # 28, at 9(emphasis in original).) in and of itself that WCBOE has failed to make a reasonable effort at voter list maintenance. However, it, along with other evidence, may be relevant to determine the reasonableness of WCBOE's efforts at voter list maintenance. As such, the court will consider the allegation along With VIPNC's other allegations to determine whether it has stated a claim under the NVRA, The court notes that r141 there is nothing inherently wrong with VIP-NC's reliance on census data to Delendant-intervenors argue that ion S's "safe support its claim. See Martinez-Rivera, 166F.Supp. harbor' provision defeats VIP-Nes ittirn::under 3d at 791 (recognizing "that United States census 20507(a)(4::',. Under the "safe harbor" prOVOiort, data is reliable"); id. at 805 (report and A State may meet the requirement of.sulyeetion recommendation) (taking into consideration .(d(42 by establishing a program under which— registration rate based on census data to determine (A)change-of-address information supplied by whether the plaintiff stated a claim for failure to the Postal Service through its licensees is used make a reasonable effort to conduct voter list to identify registrants whose addresses may maintenance under Section 8 of the NYRA). While have changed; and reliance on older data might arguably weaken an (B)if it appears from information provided by inference of wrongdoing, VIP-NC used the most the Postal Service that— recent census data available at the time ofthe filing of its complaint. See (i) a registrant 1*161 has moved to a Iittpi://www.census.govirdoidata/Por;ng age zopul different residence address in the same Won by citizenship and race cvatz.himi (last registrar's jurisdiction in which the visited 2/16/17)(2011-2015 data published 2/1/17). registrant is currently registered, the And, while defendant-intervenors have advanced a registrar changes the registration records to potentially reasonable explanation for the high show the new address and sends the registration rate, that being the two-election cycle registrant a notice of the change by waiting period to remove a registrant from the forwardable mail and a postage prepaid preofficial voter list, the validity of that explanation is addressed return form by which the not appropriate for determination at this early stage registrant may verify or correct the address of the litigation, where the court views the factual information; or allegations and inferences drawn therefrom in favor of VIP-NC. (ii) the registrant has moved to a different residence address not in the same registrar's Both WCBOE and defendant-intervenors take issue jurisdiction, the registrar uses the notice with VIP-NC's supporting its claim with the procedure described in subsection (dE2) to allegation that WCBOE has failed to use data from confirm the change ofaddress. jury excusal 1*151 communication. The parties all appear to agree that the NVRA does not mandate 52 US.C. 20507(c)(1). Defendant-intervenors that election officials use a particular tool to conduct direct the court to a voter registration guideline a voter list maintenance program, rather the Act SBOE has adopted which implements a program provides election officials with discretion in how to whereby the SBOE compares quarterly the statewide conduct that program. Thus, the fact that WCBOE voter registration database against the Postal does not use a "readily available tool,"(Compl., DE Service's National Change of Address Program and # 1,1 19),to remove ineligible voters does not mean makes available to the county boards of election a Binder 198 Page 7 o17 Voter integrity Project NC,Inc. v. Wake Cnty. Bd. ofElections report showing voters with changes of address. /s/ W.Earl Britt (Ment,DE # 28, at 7(citing 23:20 N.C. Reg. 201920 (Apr. 15, 2009))) In accordance with the W. Earl Britt guideline, the county boards ofelection are required Senior U.S. District Judge to check the report and follow certain procedures for any registered voter who is likely to have moved. 23:20(*VI N.C. Reg.2019-20(Apr. 15, 2009.) Lfal 0::e Given the stage ofthis proceeding, the court has no information about WCBOE's compliance with those procedures. Whether WCBOE's compliance is sufficient to satisfy the "safe harbor" provision is best resolved after further development of the record. See •13ellitro 2016 US. Dist, LEVIS 148234. 2016 WI,624860Z t-tt *8(concluding that whether a letter attached to the amended complaint from the defendant local election official "establishes Defendant's full compliance with subsection (q(/) and defeats Plaintiffs claims is a fact-based argument more properly addressed at a later stage of the proceedings"). Therefore, at this time, the court is unwilling to find that the 'sate harbor" provision applies to bar V 11)-NC's claim. Considering VIP-NC's allegation that the number of ivgistered voters in Wake County has exceeded, and continues to exceed, the number of eligible voters, which allegation is in turn supported by reliable data and WBOE's failure to use available jury excuse information, a. reasonable inference can be drawn that WOE is not making a reasonable effort to conduct a voter list, maintenance program in accordance with the NV RA,• See Martiner—Rivera, .16.6 Supp. 3d ai 793-94 (holding that allegations of voter rolls containing more registered voters than Citizens r181 eligible to vote—a 105% registration rate—gave rise to a strong inference ofa violation ot the MIRA- and stated a plausible claim for',relief), Accordingly, the court finds- VU -NC has stated a claim for violation of12 tI.s •$ 20507, III. CONCLUSION For the foregoing reasons,the motions to dismiss are DENIED. This 21 February 2017. Binder 199 Bates in the News: Nov. 11, 2016 By Jay Burns. Published on November 11, 2016 Voter Suppression President Spencer says a flier posted on campus was "absolutely directed at suppressing the vote" — Washington Post A dastardly attempt to discourage Bates studentsfrom voting caught the attention of local and national media. "Somebody doesn't want Bates College students to vote Tuesday," reported the Lewiston Sun Journal on Nov.6. Orange fliers posted in Commons and residences on Sunday by an unknown person implied that voting in Maine meant that a student must get a Maine driver's license and, if they owned a car, register it, which could cost "hundreds of dollars." Wrong,wrong,wrong. Binder 200 Orange fliers with.false votinginformation posted on campuson Nov.6 werea deliberate attemptto discouragestudents from voting, said President Spencer.(Photograph by Sarah Frankie Sigman'18) In a statement issued Monclaymorning, President Spencer took to the bully pulpit, reaffirming Bates students' legal right to vote and to same-day registration and denoundng the fliers as "dearly a deliberate attempt at voter suppression." She added: We are proud of our students' interest and participation in the electoral process,and I am deeply disturbed that anyone would seek to deter their exercise of the most basic form of citizenship.... Any unofficial communications that suggest otherwise are contrary to the ideals of American democracy. President Spencer leads off this story by WCSH-TV in Portland bysaying that the orange fliers seemed "absolutely directed atsuppressing the vote." • Subject: RE: Checking in on my request Ken, Below are the numbers you requested. I don't believe that anyone who registered before the Help America Vote Act would have their DL or SS information in our system. Also, before the voter ID law took effect, anyone who did not have a DL or SS on file would have had to show ID before voting. Now, everyone must show ID. Rob VOTERSCOUNTSVATH Nt DMV -TOTAL...COUNT AND SSN CURRENT VOTEkETATUS 217383 Active 5325 Active with NCOA Change 7670 Inactive 159 Pending TotAntattn.,:,230'53 Total voters who voted in November 2016 Presidential election and don't have SSN and DIVIV are 143866> Rob Rock Director of Elections RI Department of State I Secretary of State Nellie M. Gorbea Email: rr.pck ,sos.ri.gov I Website: v,,,ww.sos.liagy I Twitter: @RISecState 148 W. River Street, Providence RI 02904 I 401-222-2340 Our Mission: The Rhode Island Department of State engages and empowers all Rhode Islanders by making government more accessible and transparent, encouraging civic pride, enhancing commerce and ensuring that elections are fair, fast and accurate. Binder 251 From: Rob Rock fmailtosrock@sos.ri.govj Sent: Friday, April 14, 2017 3:07 PM To:'Ken Block' Subject: RE: Proof of Citizenship I don't know for sure about other states but I am pretty sure others states are in the same boat we are. Rob Rock or% Director of Elections RI Department of State I Secretary of State Nellie M. Gorbea Email: rrockA§pmbg.pv I Website: www.sos.ri,gov I Twitter: @RISecState 148 W. River Street, Providence RI 02904 I 401-222-2340 Our Mission: The Rhode Island Department of State engages and empowers all Rhode Islanders by making government more accessible and transparent, encouraging civic pride, enhancing commerce and ensuring that elections are fair, fast and accurate. From: Ken Block [mailto:kblock@simpaticosoftware.com] Sent: Friday, April 14, 2017 2:49 PM To: Rob Rock Subject: RE: Proof of Citizenship I used that because it is one of the easier ones to gin up, along with some of the paper documents listed in the next tier of identity "proof" documents like a utility bill or bank statement. So in short, my scenario is possible. In my opinion, this places an even greater burden on the State to ensure that registered voters actually exist. This idea that a passive mechanism like waiting for mail to bounce back is effective is conclusively wrong, based on the empirical data that I am sending you of votes occurring at clearly had addresses. Do you know generally if any state deals with my scenario in an active way (i.e. pushing all registered voters through an identity checking algorithm), or is everyone pretty much where we are? From: Rob Rock [mailto:rrock@sos.ri.gov] Sent: Friday, April 14, 2017 2:36 PM To:'Ken Block' Subject: RE: Proof of Citizenship Ken, If John registers, a letter will be sent to 3 Altieri Way indicating that the voter is registered to vote. Ideally, the business would receive the letter and notify the Warwick Board of Canvassers that 3 Altieri Way is a business and that no one resides there. If not, John will be registered to vote from that address. Binder 252 The cities/towns are responsible for their voter registration rolls, not the Secretary of State. A challenge to a voter's registration would be handled by the local board of canvassers. The Secretary of State maintains the database but the validation of any and all voter registrations is done at the local level. Voter ID cards do not list an address but anytime someone requests one, we ensure they are registered to vote by confirming with the CVRS. We do not do any background checks on a business ID card if one is presented. In the 5 years I have been issuing voter ID cards, I don't recall anyone ever showing a business ID as back-up identification. Rob Rob Rock Director of Elections RI Department of State I Secretary of State Nellie M. Gorbea Email: rrocksossi.cov I Website: www.sos.ov I Twitter: @RISecState 148 W. River Street, Providence RI 02904 I 401-222-2340 Our Mission: The Rhode Island Department of State engages and empowers all Rhode islanders by making government more accessible and transparent, encouraging civic pride, enhancing commerce and ensuring that elections are fair, fast and accurate. From: Ken Block [mailto:kblock@simpaticosoftware.com] Sent: Friday, April 14, 2017 2:23 PM To: Rob Rock Subject: RE: Proof of Citizenship Thanks, Rob. want to run a scenario by you, in an attempt to ensure that I understand correctly how voter registration is handled in RI. Let's say I, for whatever reason, decided to attempt to register to vote a made up person and actually cast a vote using that person's non-existent "identity". So I am going to create out of thin air "John Jacob Jingleheimerschmidt" born on 1./1/1970 and residing at 20 Altieri Way,#3 in Warwick, RI (that is the address of my business). While filling out the voter registration form in John's name, I do not enter any info for RI driver's license or social security number. As I understand boys' the voter registration process works right now, John would be duly registered to vote based on the information that I provided and no checks would be performed to prove or disprove that John either exists or is registered to vote at a residence. As long as any voter mail sent to 20 Altieri Way,41.3 is not returned as undeliverable, John's registration will not be looked at by the SoS office unless it is challenged by someone outside of the SoS' office. Binder 253 To vote,someone assuming John's "identity" would have to visit the SoS office and provide a photo card from any business, commercial establishment or health club in order to receive a voter ID card. John provides a photo ID card from a non-existent business. Does the SOS office make any attempt to confirm the existence of the business for which a photo ID was produced? At this point, John can vote in the next election, and will not be looked at again in terms of his eligibility to vote for any reason unless someone outside of the Secretary of State's office specifically challenges his credentials. Do I have this correct? Thanks Ken Binder 254 255 4 . . heriti..TC.Org . IVOte.."faikjej: .. oven') en 2017Stud\‘. 'Atherica teountabliitv . i the Nruinerabie; The , A comp;[r ........... .....]:::: . i)uplicate \;()11tig toter•history from 2J states. .. Data represents U 1 in s e-ed Lxtra.00 ation nfl -around t: 000 vo e5, U rid bu dH STO vote ieg aSketbal ' state comparisons ,'n ent state GAL found 8.47 Nov„ electio ....... .. WO gs ,ederai pos, :r n ed addresses such as , "gas sta Jns,.vacantiots, dbar s. arehouseS;!and off Binder 256 /0-of uit• • () ulaticto 0/ , N7(.)t,nil! Age ...... ton '• • • Calift)r] t,, t , DC oi hid taa o. .4). Ken rt Licky--1oo27'),,‘ Ailaine- 01.6.1% MICJ an- 1.8 • `si)t.kt.,./.': • • .. ..•• ....... ........ „...... .... . •::• ........... ••• : ••: . :.. . .............‘i.. •.:•••••:. • ...... ..ire Y01,( •. • 0 fig!,.:.•. ..... . .. ..... : ............ .. .•::. :••::: •••, . • e ••tqT.:R...R.I.tt ......olt iitatik ttt ist ••••••::. . . • . .::::••.• ' •.. ............ .. . . • ..• . . CS::....;; 1.?,6p . .. .. . f.tsper..„ 1\111. . „ ............ ........... . . . .. . • • ... ...... . resetabi . „.... ,. . -43s 1ien•( ••• • • • • ••• • • ••• , •• •• d ' • • t „• • • • • • • • <1 • •• • • • • • • t'it:tr.):(!d. ....:... (1...5..„5') O .... hire ..... ... ... • ; . .... .. ..... ..... „ : ..„ ..... to ' ..... tieritaT;.4a•egf:v1)J•eerad ...... „„:, ........ . .......„:„: ... • Binder 257 Heritage Elertion Fraud Databas eritag..„.orgivoterfrauct. . . . . . . Search county, ta 8r federal court records, contact state Attorneys General and Secretaries ofState offices; investigate local newspaper reports. 1-1eritage Voter Fraud Database documents oyi proven incidents ot election raud ranging'from one i egal,votetodhundredaridiresultiriglitthe. disenfranchisement ofthousands oflawful voters 938 Criminal Convictions 43 Civil Penalties 74 Diversion Proarams 8 Judicial Fndings 8 Official Findings h.r tae Heritage EI on Fraud Database heritage orgivoterfraud Exatlipks:ofkMieiotthei!list% ouiT1g thelintA ttlaIw ifterent dd,ii.k:mawggitOd. pi.re da ithaso.6;not comproliertsrvc lista% honmiao i)f the diffienlty Printers • (Video)cameras ), Mobile phones In voting technology they're used to: r ), Store encryption keys . Transfer election results from the central tabulator to the reporting system • Read and program election information cartridges etc • ••••• , .1;.; ASRYPIMS:4101VItl. Binder 270 NLIPPrcii USB is everywhere ... and it is never'just a cable or disk' USB device are always controlled by a miniature computer >. A USB memory stick is an active computer, which responds to the computer's requests to read / write data • Even your USB charger is an 'intelligent device which talks with the device to be charged • If the programming of the USB device cannot be trusted, nothing the device communicates can be trusted • ... but about half of the devices are reprogramrnable ) and the computers like to trust them ) ... and the standard has serious flaws, the issues are not bugs • ... and the devices are unidentifiable from each other ) the serial number is optional and usually non-existent on many of the devices 420.1 twdo, reRe.al NO M nkft: [NC]nordic USB is everywhere and it can bring many things to the table USB device can be from many classes • Storage ). Printer ) Display • Camera • Keyboard > Mouse Network adaptor (wireless, Ethernet, Bluetooth, whatever) TV/Radio ) Etc etc etc .0;4111 M.S., kabs. NI MqVM.tV. 2016 Binder 271 Nci r1Prclic USB is everywhere ... and it is flexible It can have many identities and described functionalities > I am your Disk and Keyboard with Mouse It can change its mind any time ▪ USB device can register and de-register itself and the services it provides Become a keyboard only 12 hours after been plugged in, and only for 20 seconds USB can register to be a display • ... and ask to be a mirror display of the primary screen , Now it can see everything you see, and either use it for autonomous attacks or send it to the Master ... and it has enough horsepower to OCR the content for attack directing .Y.X"sa Nweic komp. uix. Rwts N.Vb.fl 211, USB is everywhere ... and it can easily take the control to seriously undermine network security As a programmable device, USB device is intelligent • malicious features only after trigger activity observed USB device can announce itself to be a network device • Windows will prefer wireline network connection over wireless > ... and then some good old Ethernet spoofing and other fun stuff . Scenario : USB device spoofs Ethernet adapter • USB device replies to OHCP query with DNS evil server on the Internet, but without default gateway • Internet traffic is still routed through the normal WiFi connection DNS queries are sent to the evil server, enabling a redirection attack *101d ticsale Lob. AA RI.Nag.; torrea.gs Binder 272 USB is everywhere ... and it can easily take the control to seriously undermine network security , As a programmable device, a USB device is intelligent • malicious features only after trigger activity observed • USB device can present itself tas a network device > Windows will prefer wireline network connection over wireless • and then some good old Ethernet spoofing and other fun stuff ▪ Scenario : USB device spoofs Ethernet adapter • USB device replies to DHCP query with DNS evil server on the Internet, but without the default gateway • Internet traffic is still routed through the normal WiFi connection r DNS queries are sent to the evil server,enabling a redirection attack - rarkfar,rorrr.:::, Z:r.r. sT.r.r'..: •••: ... USB RUBBER DUCKY DELUXE S44.99 gasoity AR*. 'Awn Shim 'P 14,1 4 R.k0 LIA1 geris 44, Binder 273 1"..1 Tikiii• • ?••i.ikiig• , . : ...................................... •;, ,,, "" • LAN TURTLE $49,99 tz.p.ay f SiUtt‘ t• F2rM 5,0„ kat ??. 4 , 4 ... .. 1.•.• 1:.• .. .. .......• , .•' .ii 40" •\\ tactiatgiik "46 •,4 , :fe:x.Y.,:Yellf.4 , 4.4.4,:,,,>4.4'. CONZACUllt MOt411.15 4.T.414kcan., .:412, , ..k.r4sql*PO4.04 , 104044tker0.447A11.904, 021.40(ONtAti 0.4,Ly4me fesfiv. MAINT1,1f4 ACCOS (.itt >$4f , D.V4AMO.A49.MAT4.4r444$1,441: te> .040 Binder 274 ••• uttt at„, tntt?..i10.00ff; 55.MOM: • Ssys :mwe'iNk.hois.t.::yrgh.grAn*:•?xxsw ASH BUNNY WORLD'S MOST ADVANCED USB ATTACK PLATFORM. wetw ktp atmis autlac4tbatxtrA pampiti. patatnition taming M.L16'4•311.4 tulz.ak, dyilvvnxi s<^.;:tra(11$' ,MA it*..IttraiSti.MV, Cri kEllged 1.3K3davicea Entowt, a,:;)tage at:41 izaylxratila torispatm ate tridttvtl itsta t1414ing da,ka, egarattrtg dontraMs? iattartitty 6ativiatoraatod'mats'Mow Oli/d/m, tinh ft 0...abat.el a atttple Mgritoto Mat yw. raa arty matTh grAticiar, <•ollit0:10t/ paigtQt.4.gt.4paka. irt 3410.2 143,tary tito right Mark 4 alt.d nay.SatIityt, itp Basil Daum atai:lai 1. ................,......,..„....,............„,..................,..,....,........,....................... .....................................,...................................................................................................... ....................................................,.......................„.......................„.................................... nordic • :.:.:.s,i'ira'or'i".ili'c:.,k',e;:',.'•.•..'•.•..a'•.M•::.•..aM•..MM:.:.:.'•.M..a.:.':M•..aMaMMgMMM•..M•..... ....„.......................................................... "•••••••••••••••••••••••••••••--'.......... '• • • • • • --",,,,,,...••••.*:.••••.4,:*'•.:',!•.'..*:.••••.•:•.:',•:•.•.:...... '''., .:..,•..:•.iT:•,:.••••.::::::...•..ii,..iii•,...:.:.g......... About barcodes can barcodes assist in a jailbreak? anyta.Mftte&It ' • kkkkkk Ek•w IthgliP-MEN km.R.M.WW Z.M0 eta& ...IA IN. Binder 275 Nt. rIPNI!c, About barcodes ... What is a barcode? A barcode is an optical machine-readable representation of data relating to the object to which it is attached; . Originally barcodes(10)systematically represented data by varying the widths and spacings of parallel Common misconseption : 1D barcodes are safe and limited compared to 20 barcodes El ti 1 1 li 39123439 Mr16 1 Ww.sner. 41. 1,11..9ta5Rasseve5E 0i6V066.02 2016 r- About barcodes ,.. What is a barcode? I a , A barcode is an optical machine-readable representation of data relating to the object to which it is attached; Originally barcodes(1D) systematically represented data by varying the widths and spacings of parallel Many barcode scanners are keyboard emulation device Some barcode protocols, like Code 128, supports ASCII control characters >. Almost every barcode scanner supports Code 128 by default Almost every barcode scanner has its own additional keyboard emulation features Common Hotkeys registered by many programs, like: CTRL+0, CTRL+P can be sent directly ADF (Advanced Data Formatting) makes it possible to also send GUI+ keys and for example "right shift" . Very often reading a barcode is the equivalent of letting something unknown be typed with the keyboard! s 1.2 GM)4.2 bruenn 5.0061 27ill$M4.460 Nokiettber Binder 276 A , K. Crash into the Win world WiFi is everywhere • WiFi is extremely convenient ,> One can set their devices to automatically pair with the office network and other networks frequently visited • The devices automatically connect into paired networks • WiFi is an attack surface almost always • If the target system does not have WiFi,the people around the system do have wireless devices which r may be useful for the attacker to gain intelligence and/or a beachhead to carry out an attack omitus automaiicat\ „. .• witZ4 ki? 4,s•g‘ ‘015,,,,,%2., Crash into the WiFi world WIN management Is not secure • Management frames : • Define network SSID, crypt°(beacons) 1. Control client access(probe request, response) > Not authenticated . Not encrypted • New standards seek to address this in the future 'ott 1011 S.44 L'Ve.it...• 1,1.4,9104,rit0. Binder 277 not'dic Crash into the WiFi world How does it connect? , Finding a WiFi network is really easy • Networks are really noisy (radios are noisy by design) • Access point beacon talks all the time, up to 10x a second • Even 'hidden networks make noise when someone talks to it • No way to really hide 0/016 My& tr... Lew A9 Wu Reeentri kovans.V. XIS Crash into the WiFi world How does it connect? • Clients constantly look for networks to join • And often tell us every network they'd like to see(every network they are paired with) ), Just as easy to find as networks • ... and they get very noisy when they cannot find a network to join • Also they are very trusting, way too trusting . If network answers 'I am foo', it must be foo. Right? , So if an attacker has a stronger radio than your real Access Point You may not be talking to who you think you're talking to EvilAP also called as Evil Twin or Bad Karma . Answer ALL probe requests as the ultimate Yes Man , Are you "Free Public Wifi"? Sure am. • Are you "My Secure Corporate Network"? Yup! t OMA Nat% brad, ids% estoiiptsFermact fiorandaw it Wt. Binder 278 NWAl' L 191:dic • •'• • Crash into WiFi world Disruption can a step on the way ). If one first sets up Evil AP and then spoofs real AP asking clients to disconnect ... and then the clients automatically reconnect ... • : ... Web Server Victim '0414eM. coramt:tic4t. Attack 10 4 .2 , 111.P4.16 IA. At AlidlOt.tubd Pielsvane• Pat00 . . 5et's • . .„„ 0 ri .iistotepsattlee.press.onr ra.seittesvOaraeliisevl Pent rati ais Testing Devices Ar.cessoi:es Apparel Ser.oces Maki Site t:t Pwn PhoneT (16GB) 1,0S , I)0 kfi4e7W:4;v? 47 W.V.!Cd wo4 4441.0,3We. s PbDA-,,"Wird.‘s;;!.;:.e? A441, r4Rf •Tcidra-St advoced vin• r.4tkat. Th e&Aii•-:4*rt PeS ir: HbiliteAssettt mrge4;....seecc eaK siexes S. smart eraLial nextd. ClgaiJfki. . Weal0044fex.ert-the,read periieitalg ard avsessiveres . ed3nOD opteseuKe testissi xx;li • Inciv4vem 5Pm Phone.Oczective tam adapters;OTD cable V.• • . .••••••• •,...•••••• ••• • Binder 279 6 Staft ; f.• Pi`/?1;ROVfin:UW.33N Pent:ration TestitIgkiAtitS• ACCE.S.0 ries Apparel Services' Main Site C1 Power Pwn $095.00 THE EWER l'Alt AS ZEE: , PASECNTINIJED and Kw Perna:rut tith tUding vi the gait•sxhanging stRCOR1 a th Paso fits the Power Atm Is haly-int•grgera, patma•protirg, eritNiiihm•rlacs metrawsswing p:thford:. Ingenious form-factor ai highitintegratedimcdhisi hardware desIgn • Ci..satin thestre spectrum ofa ftikitale peomsg engagement,from physir.0-layertote eppkatieralam vvit * NDIEGOGO EvPlore How It Works Equity Weave" Sign Up STAAT A CAMPAIGN 4 VoCore2:$4 Coirt-sized Littux Computer With WiFi 1.wr,o.nd EJiutsrare. twg.40 mike wirelfix.s mitr.1* otm. woo l'arx.kt,:,N44 • . $95,248 USD totat funds460 1490% Iiatrktien Noiterr MS Binder 280 Log "mam Wm "livers Hal's-ht. 1mg: umber . headway-z; 231515 Ender2$1 Voter fraud panel will meet without vocal skeptic haps://www.usatodaycomistorylnews/politics/2017/09/11/trump-vot... Trump voter fraud panel will meet Tuesday vocal skeptic of voter fraud Deborah Barfield Berm USA TODAY Published 6:17 p.m. ET Sept. 11, 2017 I Updated 6:28 p.m. ET Sept. 11,2017 WASHINGTON — The commission President Trump created to study meeting Tuesday without one of its members who disputes there is a Alan King, a Democrat from Alabama, said he told commission leader days in September when he couldn't attend a meeting because of his judge. Tuesday was one of them, but the commission scheduled its m "I wish I could be there, but I'm a Jefferson County probate judge," Kir airport for his flight to Salt Lake City for a court technology conference commission meeting in New Hampshire, but "at the end of the day ... this is my priority." (Photo: Mark Wilson, Getty Images) King says he isn't sure why he was chosen to serve on the Presidential Advisory Commission on Election Integr commission to study allegations of voter fraud in last year's presidential election. Trump claims the election inch' fraudulent voters, enough to erase Hillary Clinton's advantage in the popular vote. But King doesn't buy it. "I'd be shocked if there were 5,000. None of this 3 to 5 million business," he said. "It doesn't work that way. That STORY FROM LEND1NGTREE (hti c=1 Reverse mortgage: Worth the risk? King is one of 12 members of the bipartisan commission led by Vice President Pence and Vice Chairman Kris K state and a longtime advocate for tougher voting restrictions. Only five commission members are Democrats. "I thought it was important for Democrats to have a seat at the table," King said in an interview. "I've been sever( OK. If you do this long enough you can't please everybody. The easy thing for me to do would be to say no. And 'Well maybe when all is said and done maybe I can bring up a few points.'" King took advantage of that platform in July at the commission's first meeting in Washington, D.C., where he pu$ technology. "If I can get some traction with that and get it included in the recommendations then I will consider that to be a gi 1 of4 Binder 282 9/12/17, 12:09 PM Voter fraud panel will meet without vocal skeptic haps://www.usatoday.comIstory/news/politicsi2017/09/11/trump-vot... Read more: Trump directs panel to tackle voter'fraud' during commission's first session (/story/newsipolitics/2017/07/19/trurfraud-during-vote-panels-first-session/491919001/) Democrats, civil rights group aim to block Trump election commission (/storyinews/politics/2017/07/19/democrat election-commission/489949001I) 'What are they trying to hide?' Trump slams election officials over voter data request(/story/news/2017/06/30/elE group-voter-info/443388001/) The commission has come under fire from civil and voting rights groups that charge it aims to suppress voter tur coalition of groups will hold a press conference Tuesday across from the commission meeting. Critics have also blasted Tuesday's agenda, which includes a panel on the effects of election integrity on voter c Civil rights activists and Democratic secretaries of state speak to lawmakers on July 18, 2017, at a Democratic forum on I Deborah Barfield Berry, USA TODAY) "l'm most troubled by the fact that the full day of panels and speakers that have been lined up reflect no race, ge Clarke, president and executive director of Lawyers' Committee for Civil Rights Under Law, noting all the paneli• Kobach claimed in a Sept. 7 column in the conservative Breitbart News that he now has proof of voter fraud last claim has been widely disputed.(http://wwvv.factcheck.org/2017/09/kobachs-boqus-proof-voter-fraudn 2 of4 Binder 283 9/12/17, 12:09 PM Voter fraud panel will meet without vocal skeptic https://www.usatoday.comistory/news/politics/2017/09/11/trump-vot... National civil rights groups have filed lawsuits challenging the constitutionality of the commission, white Demom and get the group to drop its request for detailed voter information. King isn't a high-profile figure in the national election community and until the commission first meeting wasn't w director and founder of the Center for Election Innovation & Research based in Washington, D.C. "He seemed earnest and he raised some legitimate concerns about how the commission was approaching its bt Becker."The real question is going to be whether the real motivating forces in the commission are going to allovk commission's work," As a probate judge in Alabama, King is the chief election official in Jefferson County. He has been involved in Si election official for 40 of them. King is helping coordinate a competitive special election Sept. 26 for the U.S. Senate seat of former Republican serving as attorney general. King said he submitted 10 recommendations last week to the commission. Among them, he called for $5 billion i states upgrade voting equipment. Kansas Secretary of State Kris Kobach and Vice President Pence attend the first meeting of the Presidential Advisory Co Executive Office Building on July 19, 2017.(Photo: Mark Wilson, Getty Images) King said he made it clear when he met this summer with White House officials about serving on the commissioi 3 of4 Binder 284 9/12/17, 12:09 PM Voter fraud panel will meet without vocal skeptic https://www.usatoday.com/story/newstpolitics/2017/09/11/trump-vot„. widespread voter fraud. "I walked out of that meeting thinking,'Nobody is going to call me after this meeting,'" he recalled. King said he has been criticized mostly by Democrats for serving on the commission. Clarke praised King for condemning the commission's focus but said he and other members should call for its di But King said he's waiting for a date for the next meeting. "I didn't agree to be on the commission and not go to meetings," he said. Read or Share this story: https://usat.ly/2y011Cb 4 of4 Binder 285 9/12/17, 12:09 PM King, Alan From: Sent: To: Subject: Kossack, Andrew J. EOP/OVP Friday, August 25, 2017 8:15 PM King, Alan Re: Sept 11-12, Manchester Judge King, Thank you for the note, and my apologies for the conflict in your schedule. You will certainly be missed at the meeting. There were a number of competing scheduling challenges, so unfortunately we were stuck with a number of imperfect options. I know that everyone will understand your absence and appreciate the demands of your day job, so please don't worry about anyone thinking you're shirking your duties. No doubt we'd all prefer to have you at the meeting, but we certainly understand. And I will do everything I can to ensure we can have you at future meetings. Thank you for sharing your conflicts again so I can keep those in mind. If you have any availability for a brief phone call next week, I'd love to catch up with you generally for a few minutes just to update you on a few things and keep in touch. No rush, but if you have any open blocks, let me know and we can schedule something. Hope all's well with you otherwisel Thanks, Andrew Andrew J. Kossack Associate Counsel Office ofthe Vice President Email: Andrew.J.Kossackithovileo.kgov Cell: On Aug 25, 2017, at 9:49 AM, King, Alan wrote: Andrew, As I have emailed you, I know that I am just one person. I had also emailed you the dates that I would be unable to attend. At the end of the day, I am the Presiding Probate Judge of Jefferson County, Alabama, and I have a lot of duties and responsibilities. My docket is generally set six (6)or so months in advance, and I have enormous administrative responsibilities also. Plus, we are working through many technology issues as all courts are, and that falls on me to lead our court and use county funds wisely. informed Ron Williams that I would be able to meet on Thursday, September 14. I wish that had been the selected date. However, unfortunately and regrettably, I will be unable to travel to Manchester, NH for the September 12 meeting, due to a conflict that has been on my schedule for 3-4 months. GREEN 5 I have sent this to you before, but I will also be unable to meet on the following dates: October 16-18, 2017; October 26-27, 2017; November 15-17, 2017; December 11-13,2017; January 8-10, 2018; February 12-15, 2018; February 26March 1, 2018. Believe me, I have wished many times that I wasn't so busy, but I have run for this position three(3)times with my eyes wide open, so I understand the pressures and responsibilities. I know that you and everyone else are tremendously, tremendously busy also, so by no means am I meaning to imply otherwise. Hopefully, I can make some or all of the other meetings that are scheduled. Forgive me for being so wordy, and I am certainly not trying to shirk my duties, but I wanted to provide you with an explanation. I don't know what is proper, and whether I should email or reach out to Secretary Kobach or not, with an explanation also. Thanks. Alan Alan L. King, Judge ofProbate ChiefElection Official Jefferson County Courthouse.Room 120 716 McNeil Arrington Jr. Shod. Muth Birmingham, Al 3S203 vnene.jeffasprobotecourtco(n (20S)325-S203 finn 1205)27.4.4056 2 GREEN 6 King, Alan From: Sent: To: Subject: Alan King Sunday, September 17, 2017 6:19 PM King, Alan Fwd: Connecting the two of you Forwarded message From: Joyce Vance Date: Fri, Sep 8,2017 at 12:53 PM Subject: Fwd: Connecting the two of you To:"Alan L. King" < Here's Norm number. He's expecting your call. Sent from my iPhone Begin forwarded message: 1=M> From: Chris Lu Date: September 8,2017 at 12:09:22 PM CD1' To: Joyce Vance Subject Fwd: Connecting the two of you Forwarded message From: Norman Eisen Date: Wed,Sep 6,2017 at :17 PM Subject: Re: Connecting the two of you To: Cc: Hi Alan, and moving Chris to bee. Please call at your convenience Thanks! 1 GREEN 8 King, Alan From: Sent: To: Subject: Alan King < Sunday, September 17, 2017 6:15 PM King, Alan Fwd: Trump Voter-Fraud Panel Suggests Background Checks for All Voters Forwarded message From: Tom Date: Wed,Sep 13, 2017 at 11:20 AM Subject: Trump Voter-Fraud Panel Suggests Background Checks for All Voters To: "Alan L. King"IMM= https://vvww.dailydot.comilayer8/voter-fraud-background-checkst Sent from my iPhone 1 GREEN 9 King, Alan From: Sent: To: Subject: Alan L. King Sunday, September 17, 2017 12:58 PM King, Alan Fwd: Voter commission meeting: 12 white men to testify - CNN Politics Sent from my iPhone Begin forwarded message: From: Tom Date: September 12, 2017 at 4:40:54 PM CDT To: "Alan L. King" Subject: Voter commission meeting: 12 white men to testify CNNPolitics http://www.enn.com/2017/09/12/politics/trump-voting-commission-all-white-men/index.html Sent from my iPhone 1 GREEN 10 King, Alan From: Sent: To: Subject: Alan King < Monday, September 18, 2017 4:55 AM King, Alan Fwd: save the right to vote (sign this, Tom!!) Forwarded message From: Tom Date: Sun, Sep 17, 2017 at 5:17 PM Subject: Fwd: save the right to vote (sign this, Tom!!) To:"Alan L. King" MEM. Sent from my il'hone Begin forwarded message: From: VOTING RIGHTS ALERT•John Lewis HQ Date: September 17 2017 at 8:09:03 AM CDT To: Tom King Subject: save the right to vote (sign this, Tom!!) Reply-To:john.levvis@johnlewisforcongress.eom This week, the White House's phony "Election Integrity Commission" had a meeting. They're plotting new laws that will RESTRICT the right to vote. We CANNOT let them get away with it. 10,000 SIGNATURES NEEDED: The White House's sham "Election Integrity Commission" must be DISBANDED * SIGN YOUR NAME From day one, the White House's phony voter fraud commission has aimed to intimidate and suppress already-vulnerable populations from voting. 1 GREEN 11 They are pretending their commission is about protecting Democracy. But instead, they're working to systematically dismantle folks' access to the ballot box. This is shameful and UNAMERICAN. And it must be stopped. 10,000 SIGNATURES NEEDED Here's what we know about the White House's phony "Election Integrity Commission:" --They requested states hand over confidential voter information including social security numbers to intimidate and discourage voters, --The commission purposefully EXCLUDED Democrats and "mainstream Republicans," --And a commission panelist even proposed requiring background checks to vote!! Tom, this must be made clear: this commission" was created to solve a problem that doesn't exist. Voter fraud is a MYTH Republicans use to discriminate against minorities, young folks, and the elderly. You're actually more likely to be struck by lightning than to impersonate another voter at the polls. The real attack here is on our right to vote. And we must stand up for our fellow Americans whose rights are on the line. Sign your name right now to demand the White House's sham "EIection Integrity Commission" is [D[SIBANDE '14p:iicgonjo lnDaws: irw.congressncormiDisLuani-Voter-lirap..i Thanks for doing your part, John Lewis HQ 2 GREEN 12 GREEN 13 King, Alan From: Sent: To: Subject: Alan King < Sunday, September 17, 2017 6:34 PM King, Alan Fwd: committee Forwarded messa e From: K. H. King Date: Fri, Sep 8, 2017 at 12:25 PM Subject: committee To:' http://www.huffingtonpost.comjentry/kris-kobach-voterfraud us 59b2a699e4bOdfaafcf78300?ncid=inbInkushpmg00000009 E. Head Of Trump 'Election Integrity' Probe Pens Wildly Misleading Op-Ed About Voter Fraud www.huffingtonpost.com The committee's vice chair declares there is "proof" voter fraud could have swung election outcomes in New Hampshire. 1 GREEN 14 King, Alan From: Sent: To: Subject: Alan King Sunday, September 17, 2017 6:34 PM King, Alan Fwd: Kris Kobach's leap of logic on voter fraud in New Hampshire should be disqualifying - The Washington Post Forwarded message From: Tom Date: Fri, Sep 8,2017 at 9:19 AM Subject: Kris Kobach's leap of logic on voter fraud in New Hampshire should be disqualifying - The Washington Post To: "Alan L. King" -, Joyce Vance https://www.washingtonpost.com/news/politics/wp/2017/09/08/kris-kobachs-lean-of-logic-on-voter-fraud-innew-hampshire-should-be-disqualifying/?tid=hvbrid collaborative 1 na-amp&utm term=.81d61ffe7e5e Sent from my iPhone GREEN 15 King, Alan From: Sent: To: Subject: Alan King Sunday, September 17, 2017 6:31 PM King, Alan Fwd: Kris Kobach's Own State Just Defied His Bogus 'Election Integrity Commission Talking Points Memo Forwarded message From: Alan L. King Date: Sat, Jul 1,2017 at 8:06 AM Subject: Fwd: Kris Kobach's Own State Just Defied His Bogus 'Election Integrity' Commission - Talking Points Memo To: Amanda Reid ,"Alan L. King' Sent from my iPhone Begin forwarded message: From: Tom Date: June 30, 2017 at 10:34:01 PM EDT To: Alan King Subject: Kris Kobach's Own State Just Defied His Bogus 'Election Integrity' Commission — Talking Points Memo http://talkingpointsmemo.com/livewire/kris-kobach-bogus-eleetion-integrity-commission SmartNews https://bit.ly/smartnews-app " " I' , Sent from my iPhone GREEN 16 King, Alan Alan King•===> Sunday, September 17, 2017 6:30 PM King, Alan Fwd: Right-wing 'Crosscheck' program wrong 99% of time. GOP wants to make it national! From: Sent: To: Subject: Forwarded message From: Tom Date: Fri, Jul 21, 2017 at 6:10 PM Subject: Fwd: Right-wing 'Crosscheck' program wrong 99% of time. GOP wants to make it national! To:"Alan L. King"-11> Sent from my iPhone Begin forwarded message: From: "Voting Rights(Deadline TODAY) PFAW Foundation" Date: July 21,2017 at 12:07:29 PM CDT To: "Torn King, Jr." Subject: Right-wing 'Crosscheck' program wrong 99% of time. GOP wants to make it national! Reply-To: "Voting Rights (Deadline TODAY)- PFAW Foundation" Tom, Reminder: Our deadline is TODAY to raise the $25K we need to complete the cost of the full-page New York Times ad we want to run exposing Trump's voter suppression commission. We're more than halfway there, but we still need to raise another $11,000 before midnight. (Remember -- the major donor who will chip in $30K towards the effort will put up the money if we can raise our end from PFAW Foundation supporters like you.) 1 GREEN 17 Will you chip in a tax-deductible donation now to help us run the ad? Getting the word out about this commission's attack on our right to vote is urgent. Last night, Washington Post reporter Christopher Ingraham published a piece on the Post's blog titled, "This anti-voter-fraud program gets it wrong over 99 percent of the time. The GOP wants to take it nationwide." That's a reference to a program that seems to be a key focus of Trump's so-called 'Election Integrity Commission' -- a program that PFAVV's Right Wing Watch has covered extensively, developed by commission co-chair (and perhaps the nation's #1 leading vote suppressor) Kris Kobach. "The program, known as the Interstate Crosscheck System, has been plagued by data quality issues. Three states have recently left it, citing accuracy issues. But Kobach, who also serves as Kansas's secretary of state and is running for governor in 2018, remains undeterred. In his opening remarks before the election commission he said the Crosscheck program Illustrates how a successful multistate effort can be in enhancing the integrity of our elections and in keeping our voter rolls accurate. I'm confident that this commission will be equally successful on the national level.Translation: the commission plans to encourage and work with states on massive voter roll purges that scrub eligible voters from the rolls. In theory, the program is supposed to detect possible cases of people voting in multiple locations. But academics and states that use the program have found that its results are overrun with false positives, creating a high risk of disenfranchising legal voters. A statistical analysis of the program published earlier this year by researchers at Stanford, Harvard, University of Pennsylvania and Microsoft, for instance, found that Crosscheck 'would eliminate about 200 registrations used to cast legitimate votes for every one registration used to cast a double vote." This voter suppression commission must be stopped -- and we're going to buy a full-page NY Times ad to help expose the truth behind it. But we can only fund it if enough PFAW Foundation supporters chip in before midnight tonight. Please chip in what you can now! Your gift to PFAW Foundation will be taxded uctible>> Thanks for everything you do. -- Michael 2 GREEN 18 Previous message below: Tom, We're hoping to run a full-page ad in the New York Times as early as THIS SUNDAY to expose Trump's sham 'Election Integrity Commission' and the rightwing vote suppressors who are on it. The price tag is $55,000, and we have a major donor who will put up more than half of it -- $30,000 -- if we can raise the other $25,000 from supporters like you before our deadline at midnight tomorrow! This is a BIG match opportunity -- and a big opportunity for PFAW Foundation supporters to make an impact against the Right's war on voting -- but we HAVE TO hit our goal, because it's all or nothing. Will you rush an urgent donation to help us run the ad before our deadline? To sweeten the deal, gifts to PFAW Foundation are tax-deductible! Trump has made outrageous (and completely false) claims about 3-5 million people voting illegally in 2016, to justify his loss of the popular vote, and trying to create 'evidence' for that unprovable fiction was his motivation in forming this commission. But in trying to prop up the myth of rampant illegal voting, the commission's underlying purpose is to lay the groundwork for a new wave of voter suppression nationwide, via voter roll purges and policies that put barriers between eligible voters and the ballot box. We know this because of who is on the commission -- the same people we'll be exposing in our ad if we can make our qoal. Kris Kobach: Co-chair of the commission, Kansas Secretary of State, and perhaps the chief architect of the Right's coordinated attack on voting rights. He has been repeatedly sued for making it harder for Kansans to vote. In 2016 he illegally blocked tens of thousands of eligible voters from registering. He repeatedly pushed the racist conspiracy theory that President Obama was born in Kenya. In 2015, Kobach said that it was possible that the Obama administration might ban all prosecutions of African Americans. Hans von Spakovsky: As an attorney in George W. Bush's Justice Department, von Spakovsky gave the green light to a restrictive voter ID program in Georgia against the advice of career DOJ attorneys -- at the same time he published an op-ed under a pseudonym supporting ID requirements. Since then he's worked at the far-right Heritage Foundation, whose president 3 GREEN 19 openly admitted that his group was working to impose voter ID requirements across the country in order to elect "more conservative candidates." J. Christian Adams: Former Bush Department of Justice Attorney and a longtime critic of the Voting Rights Act. Adams claimed that under President Obama, the Justice Department's Voting Rights Division didn't spend enough time protecting white voters. Ken Blackwell: Former Ohio Secretary of State and current senior fellow at the Radical Right hate group Family Research Council. In 2004 Blackwell became notorious for his efforts to hinder minority voter registration in Ohio in an effort to support the reelection of President George W. Bush. He's one of the few current or former election officials to echo Donald Trump's baseless claims of widespread illegal voting in the 2016 elections. Help us expose Trump's voter suppression commission in the New York Times with an urgent tax-deductible donation right now>> THANK YOU for everything you do! Sincerely, Michael Keegan, President People For the American Way Foundation 4 GREEN 20 Do not reply directly to this e-mail. Please use pfavv@pfaw.org. Trouble viewing the email? VIEW AS WEB PAGE» This email was sent to Reaching you over email is the best way we have to let you know about the ways we are fighting to defend our constitutional rights and values, and how you can help. If you have any thoughts, comments,or criticisms, or if there's a better email address at which to reach you, please let us know. If you'd like to unsubscribe from our list, you can do that here. But know that if you leave, it will be harder for you to stay involved with People For the American Way Foundation and continue our crucial work. PFAW Foundation is able to stand up for democracy,free speech and expression, a fair and independentjudiciary, religious liberty, and equality for all because of dedicated supporters like you, and we're always eager to hear your thoughts. Thanks for your support. pfaw.org privacy polio acebook I subscribe witter contact us ouTube 1101 15th Street, NW,Suite 600 Washington, DC 20005-500: 202-467-4999 E 5 GREEN 21 King, Alan From: Sent: To: Subject: Alan King Date: September 15, 2017 at 11:00:17 AM CDT To: Tom King jr Subject: Let's talk about Kobach's lies and what happened in New Hampshire Reply-To: email@letamericavote.org -We believe that voter suppression in any city, county, or state is a threat to every American's right to vote. That's why we're shining a light on the politicians who try to create barriers to the ballot box and taking action to stand up for voting rights. Our "State of Your Vote" email is your tool to stay informed about voting rights in America. We hope you find it helpful, and if you have any feedback on how we can improve it, email your comments to emailgletamericavote.org. "Protesters,ACZUpushfor termination ofPresident Trump's voterfraud commission in NH"Nill GREEN 27 Kris Kobach and his vote-suppressing cronies were greeted by protesters outside of their Tuesday meeting who called on the sham voting commission to be disbanded. Jason was rallying activists and shedding light on the commission's motives saying,"You have one party trying to make it harder to vote for people who they think are less likely to vote for them. It doesn't matter what party you are...that should outrage,and I think it does, every single American." Photo ot=edit: David Meuse Share this story about the protest outside of the sham voting commission's meeting on Twitter - then post it on Facebook so your friends know we're rallying Americans to push back against the lies about our elections. - USA TODAY t-10:# Kobach's bogus p 1: Trump's sham voting commission held its second meeting where they spent over SIX hours twisting data and distorting studies -- trying(and failing)to prove widespread voter fraud. Why the obsession with voter fraud? Ifthe sham voting commission can convince Americans ofthis lie, then they'll work to implement laws that make it harder for certain people to vote. Their search for voter fraud is a Trojan horse for creating barriers to voting just so Republicans can win elections through voter suppression and keep their jobs. • Meet to Jet your friends know that the sham voting commission is out to degrade faith in our elections. Then,share this important story about the commission's meeting on Facebook. A 'Slew am >:vo ' 2 GREEN 28 SB3 was enacted earlier this year and essentially criminalizes voting for some people in New Hampshire. This week, a judge put a temporary hold on the law's penalties saying the $5,000 fine or one year in jail "act as a very serious deterrent on the right to vote." This is a temporary win until the court can hold additional hearings on the bill and a reminder that We need to keep working to win the battle for voting rights in the court of public opinion. Let America Vote is expanding in 2018 and opening field offices in five states -- including New Hampshire! Post a tweet encouraging your friends to sign up to join our mission to stand up for voting rights, and then share it on Facebook. Paid for by Let America Vote (www.letamericavote.org). Not authorized by any candidate or candidate's committee This email was sent to Click here to unsubscribe 3 GREEN 29 King, Alan From: Sent: To: Subject: Alan L. King Saturday, September 16, 2017 11:33 AM King, Alan Fwd: Email: Heritage Foundation Didn't Want Democrats On Bogus Elections Panel Talking Points Memo Sent from my iPhone Begin forwarded message: From: Tom Date: September 12, 2017 at 4:42:12 PM CDT To: "Alan L. King" .11. Subject: Email: Heritage Foundation Didn't Want Democrats On Bogus Elections Panel — Talking Points Memo http://talkingpointsmemo.com/dc/heritage-foundation-did-not-want-dems-on-election-panel Sent from my iPhone 1 GREEN 30 King, Alan From: Sent: To: Subject: Alan L. King < Saturday, September 16, 2017 11:42 AM King, Alan Fwd: Kris Kobach's Election Integrity Commission Convenes in New Hampshire Sent from my iPhone Begin forwarded message: From: Tom Date: September 13. 2017 at 12:09:42 PM CDT To:"Alan L. King" < Subject: Kris Kobach's Election Integrity Commission Convenes in New Hampshire http://www.esquire.cominews-politics/politics/a12229613/kobach-election-integrity/ Sent from my iPhone 1 GREEN 31 King, Alan From: Sent: To: Subject: Alan L. King < Saturday, July 01, 2017 8:07 AM Reid, Amanda; King, Alan Fwd: Kris Kobach's Own State Just Defied His Bogus 'Election Integrity' Commission — Talking Points Memo Sent from my iPhone Begin forwarded message: From: Tom Date: June 30, 2017 at 10:34:01 PM EDT To: Alan King Subject: Kris o ac s Own State Just Defied His Bogus 'Election Integrity' Commission - Talking Points Memo hup://talkinRpointsmemo.com/livewire/lcris-kobach-bogus-election-integrity-commission SmartNcws https://bitly/smartnews-app Sent from my iPhone 1 GREEN 33 King, Alan From: Sent: To: Subject: Alan L. King Saturday, July 01, 2017 8:07 AM Reid, Amanda; King, Alan Fwd: Colorado's Secretary Of State Will Turn Over Public Voter Lists To White House Panel I CPR Sent from my iPhone Begin forwarded message: From: Torn Date: June 30, 2017 at 10:35:05 PM EDT To: Alan King Subject: Colorado's Secretary Of State Will Turn Over Public Voter Lists To White House Panel I CPR https://www.cpr.org/news/storykolorados-secretary-of-state-will-turn-over-public-voter-lists-towhite-house-panel SmartNews https://bit.ly/smartnews-aDD I!6 I% 6 Sent from my iPhone GREEN 34 Kin., Alan From: Sent: To: Subject: Alan L. King Thursday, July 20, 2017 4:54 PM King, Alan Fwd: travel reimbursements Sent from my 'Phone Begin forwarded message: From:"Kossack, Andrew J. EOP/OVP" Date: July 20, 2017 at 5:24:27 PM EDT To:'Kris Kobach "cwiawsonPsos.in. ov" "Christy McCormick" capita partnersarxom < avi @capitolpartnersar.corn>, Mark Rhodes av ,"von Spakovsky, Hans" , Christian Adams ,"Alan L. King" Cc:"Paoletta, Mark R. EOP/OVP" ,"Morgan, Matthew E. EOP/OVP" Subject: travel reimbursements For those of you submitting travel expenses for reimbursement, please send them to Kris Palmer at GSA (kris.paimer(cDgsalov). Kris will process your receipts and the approved funds will be reimbursed into the account you provided in your EFT form. Please scan all of your receipts into a single document file and send them via email to kris.palmer@gsa.gov. According to GSA, when in doubt, you should err on the side of providing the receipt. Receipts are required for the following: • Hotel bill • Airport parking • Taxis/metro for travel to/from airport and committee meetings • Airline baggage fees If you have any questions,just let me know. Many thanks to each of you for your time and contributions to yesterday's meeting. It was a pleasure being with you and an inspiring kickoff. If you haven't seen it already, the full video is now posted here: https://www.vvbitehouse.govifeatured-videosivideol2017/07/19/presidential-advisoa-commission,gkctipn-integrity-part-2. Thanks, Andrew 1 GREEN 35 King, Alan From: Sent: To: Subject: Attachments: Alan King Thursday, July 27, 2017 6:16 AM King, Alan Fwd: letters from two states Reply Letter to PACEI.PDF Forwarded message From: Kossack, Andrew J. EOP/OVP Date: Tue, Jul 25,2017 at 11:28 AM Subject: RE: letters from two states "ewlawson sos in. ov" ewlawsonesos.in. ov> To: Kris Kobach Christy McCormick "david@capitolpartnersar.com" , Mark Rhodes ,"von Spakovsky, Hans" , Christian Adams ,"Alan L. King" Cc: "Paoletta, Mark R. EOP/OVP" ,"Morgan, Matthew E. EOP/OVP" FYI — Please see the attached letter from Ohio SoS John 'lusted. From: Kossack, Andrew J. EOP/OVP Sent: Friday, July 21,2017 4:18 PM To:'Kris Kobach' 'cwlawsonsos.in.coy' . 'Christy McCormick' 'david@capitolpartnersar.com' ;'Mark Rhodes' ;'von Spakovsky, Hans' ;'Christian Adams' ;'Alan L. King' Cc: Paoletta, Mark R.EOP/OVP ; Morgan, Matthew E. EOP/OVP Subject: letters from two states Please see the two attached letters we recently received from the Colorado and Wyoming secretaries ofstate. These will be added to our webpage soon as well. Hope everyone has a great weekend. 1 GREEN 36 ?n?mw King, Alan From: Sent: To: Subject: Alan King Sunday, August 06, 2017 6.57 AM King, Alan Re: Two sets of things Thanks Joyce. I'm doing a lot better, thankfully. Alan On Sun, Aug 6,2017 at 6:55 AM,Alan King wrote: Forwarded message From: Joyce Vance Date: Sat, Aug 5,2017 at 10:04 AM Subject: Fwd: Two sets ofthings To:"Alan L. King" eeeeieeiiiiitolealiedeilaaieieeiaaieeiaire jrit.:71 we-lee ‘ s .m40.tfanOftm..=,.:45::MVO (Election Funding for 2020 and Beyond,cont. from page 2) bulk, In this soenario the counties would provide the funds, but the state would negotiate the contract. Or,jurisdictions may be able to carve outfunds for new equipment by creating efficiencies elsewhere in the process. This is dependent on collecting good data—jurisdictions peed to know where they are spending their money in order to identify potential areas for savings. As Amber McReynolds of the Denver Elections Division notes,'First you should eliminate waste and create efficiencies, and only then look at adding new technology and equipment." • Slates are undoubtedly facing some changes in voting equipment in the comings years. As King notes.,''States should see change as an opportunity to make elections more efficient.' And we're in a better position to deal with this'change than we were in 2000. Charles Stewart Hi, a professor at MIT who studies election administration, notes that the country has come a long way in developing professional standards and best practices in election administration: 'We're going to be able to dive into any problems that might at* more quickly and comprehensively than ever before." Caving the purchasing and decision-making in the hands of local jurisdictions. where funding.could come from local appropriations or through bonds. A few jurisdictions have a capital expense line item for elections equipment, and •funds build up over a few years to make major purchaees. Medicated revenue through fees. In states where the secretary of state is the thief election official, this could be through fees administered by the business side of the office. Meriting with private firms to design brand new equipment or open source software that can be tun on off-Me-shelf • devices. Some of the larger jurisdictions in the tountry such as Los Angeles, San Francisco and Travis County, Texas (where Austin is located) are exploring this option. LegislativeAction Bulletin • :r f..5 legislatures are in seasion. E2,355 election-related bills have been introduced. , ea.] ta2t41 bills in 45 states have been enacted. t bills in seven states have been vetoed. Qualifications for poll w- orkers got more attention than usual this year, With 124 bills introduced in 32 slates. Many of these bills are intended to provide relief to election officials, who often say their biggest headache is finding enough poll workers. required training to be offered online or through teleconferences. Enactments of note; California AB 554 permits students to serve as election officials if they are lawful permanent residents. California already allows youth to serve as poll workers. New Hampshireell3 140 gives state party officials responsibility for appointing local election officials, instead of local patty officials, Indiana HB 1140 allows counties to decide If one person can serve as an inspector for more than one precinct at the same location. Virginia NB 1333 allows state party officials to sign forms designating authorized representatives of political parties for elections, when locol levet party officials can't do so. Montana 1113 69 allows Vetoes wore big, too. New Jersey's governor vetoed New Jersey AB 2906, which would have excluded compensation paid to Election Day p011 workers from inclusion in gross income for tax purposes. Virginia NB 1473 would have permitted general registrars to be appointed from adjacent jurisdictions and was vetoed by the governor who argued jurisdictions should intensify their recruitment search if they are having difficulties finding candidates for the position. Texas NB 2381, which related to the appointment and duties of election officers, was vetoed because of concerns about elected county clerks overriding the party's selection of candidates. .. One:b*011ittitrider 75 percent. That is the approximate percentage of voters nationwide who cast their ballots in a designated polling place, either in a traditional precinct polling place or a vote center,in the 2014 elections acoording to Managing Polling Places Resources, the latest report from the CaltechilVIIT Voting Technology Project, From that number it's clear that all the attention to mail voting has not changed the fact that Americans are still voting in traditional brick and mortar polling places, notjust on Election Day but in the days leading up to it. The report details basic facts about waiting to vote, what leads to lines at eaCeekee polling places and how election officials can gather and analyze data to prepare for the 2016 election. It nel eereeeeleratne also has a roadmap for reducing lines permanently. An essential read for the upcoming election season. Page 4 GREEN 49 Russian Election Hacking Efforts, Wider Than Previously Known,Draw Little Scrutiny - The Ne... Page 1 of8 .New Mt1. https://nyfirrisi2wXMSnS POLITICS Russian Election Hacking Efforts, Wider Than Previously Known,Draw Little Scrutiny By NICOLE PERLROTH,MICHAEL WINES and MATTHEW ROSENBERG SEPT;1, 2017 The calls started flooding in from hundreds of irate North Carolina voters just after 7. a.m. on Election Day last November. Dozens were told they were ineligible to vote and were turned away at the polls, even when they displayed current registration cards. Others were sent from one polling place to another, only to be rejected.. Scores of voters were incorrectly told they had cast ballots days earlier. In one precinct, voting halted for two hours. Susan Greenhalgh, a troubleshooter at a nonpartisan election monitoring group, was alarmed. Most ofthe complaints came from Durham,a blue-leaning county in a swing state. The problems involved electronic poll books — tablets and laptops, loaded with check-in software, that have increasingly replaced the thick binders of paper used to verify voters'identities and registration status. She knew that the company that provided Durham's software, VR Systems, had been penetrated by Russian hackers months before. 9 "It felt like tampering,or some kind of cyberattack," Ms,Greenhalg-h said about subscriber iogiu SEE MY OPTIONS pg troubles in Durham. hrtps://www.nytimes.com/2017/09/01/us/politics/russi ection-haeking.html 9/5/2017 GREEN 50 Russian Election Hacking Efforts, Wider Than Previously Known,Draw Little Scrutiny - The Ne... Page 2 of 8 There are plenty of other reasons for such breakdowns — local officials blamed human error and software malfunctions — and no clear-cut evidence of digital sabotage has emerged, much less a Russian role in it. Despite the disruptions, a record number of votes were cast in Durham,following a pattern there of overwhelming support for Democratic presidential candidates,this time Hillary Clinton. But months later,for Ms. Greenhalgh, other election security experts and some state officials, questions still linger about what happened that day in Durham as well as other counties in North Carolina, Virginia, Georgia and Arizona. After a presidential campaign scarred by Russian meddling,local, state and federal agencies have conducted little of the type of digital forensic investigation required to assess the impact,if any, on voting in at least 21 states whose election systems were targeted by Russian hackers, according to interviews with nearly two dozen national security and state officials and election technology specialists. The assaults on the vast back-end election apparatus — voter-registration operations,state and local election databases, e-poll books and other equipment — have received far less attention than other aspects of the Russian interference, such as the hacking of Democratic emails and spreading offalse or damaging information about Mrs. Clinton. Yet the hacking of electoral systems was more extensive than previously disclosed, The New York Times found. Beyond VR Systems, hackers breached at least two other providers of critical election services well ahead ofthe 2016 voting,said current and former intelligence officials, speaking on condition of anonymity because the information is classified. The officials would not disclose the names of the companies. Intelligence officials in January reassured Americans that there was no indication that Russian hackers had altered the vote count on Election Day,the bottom-line outcome. But the assurances stopped there. Government officials said that they intentionally did not address the security of 9 the back-end election systems, whose disruption could prevent voters from even SEENY OPTIONS Subscriber login ARnmEgautingthallots. https://www.nytimes.com/2017/09/01/us/politics/russia-election-hacking.html _9L5/2017 GREEN 51 Russian Election Hacking Efforts, Wider Than Previously Known,Dr._ littps://www.nytimes.00rn/2017/09/0 I fus/politicsirussia-election-backi... questions than answers. Neither VR Systems — which operates in seven states beyond North Carolina — nor local officials were warned before Election Day that Russian hackers could have compromised their software. After problems arose, Durham County rebuffed help from the Department of Homeland Security and Free & Fair, a team of digital election-forensics experts who volunteered to conduct a free autopsy. The same was true elsewhere across the country. "I always got stonewalled," said Joe Kinhy,the chief executive and chief scientist at Free & Fair. Still, some of the incidents reported in North Carolina occur in every election, said Charles Stewart III, a political scientist at the Massachusetts Institute of Technology and an expert on election administration. . "Election officials and advocates and reporters who were watching most closely came away saying this was an amazingly quiet election," he said, playing down the notion of tampering. He added,though, that the problems in Durham and elsewhere raise questions about the auditing ofe-poll books and security of small election vendors. Ms. Greenhalgh shares those concerns."We still don't know if Russian hackers did this," she said about what happened in North Carolina."But we still don't know that they didn't." Disorder at the Polls North Carolina went for Donald j. Trump in a close election. But in Durham County, Hillary Clinton won 78 percent ofthe 156,000 votes, winning by a larger margin than President Barack Mama had against Mitt Romney four years earlier. While only a fraction of voters were turned away because of the e-poll book difficulties — more than half ofthe county cast their ballots days earlier -- plenty 40f5 GREEN 5 6/1 7, 4:21 PM Russian Election Hacking Efforts, Wider Than Previously Known,Dr... https://www.nytimes.com/2017/09/01fusipoliticsirussia-clection-liacki... of others were affected when the state mandated that the entire county revert to paper rolls on Election Day.People steamed as everything slowed. Voters gave up and left polling places in droves — there's no way of knowing the numbers,but they include more than a.'hundred North Carolina Central University students facing four-hour delays. At a call center operated by the monitoring group Election Protection, Ms. Greenhaigh was fielding technical complaints from voters in Mississippi,Texas and North Carolina. Only a handful came from the first two states. Her account ofthe troubles matches complaints logged in the Election Incident Reporting System,a tracking tool created by nonprofit groups. As the problems mounted,The Charlotte Observer reported that Durham's e-poll book vendor was Florida-based VR Systems, which Ms.Greenhalgh knew from a CNN report had been hacked earlier by Russians."Chills went through my spine," she recalled. The vendor does not make the touch-screen equipment used to cast or tally votes and does not manage county data. But without the information needed to verify voters' identities and eligibility, which county officials load onto VR's poll books,voters cannot cast ballots at all. Details of the breach did not emerge until June,in a classified National Security Agency report leaked to The Intercept, a national security news site. That report found that hackers from Russia's military intelligence agency,the G.R.U., had penetrated the company's computer systems as early as August 2016,then sent"spear-phishing" emails from a fake VR Systems account to 122 state and local election jurisdictions. The emails sought to trick election officials into downloading malicious software to take over their computers. The N.S.A. analysis did not say whether the hackers had sabotaged voter data."It is unknown," the agency concluded, whether Russian phishing "successfully compromised the intended victims, and what potential data could have been accessed." .5 of 8 GREEN 5/l7,42l PM Russian Election Hacking Efforts, Wider Than Previously Known, Dr... https://www.nytimes.com/2017/09/01/us/politics/russia-election-hacki... VR Systems'chief operating officer, Ben Martin, said he did not believe Russian hackers were successful. He acknowledged that the vendor was a "juicy target," given that its systems are used in battleground states including North Carolina, Florida and Virginia. But he said that the company blocked access from its systems to local databases, and employs security protocols to bar intruders and digital triggers that sound alerts if its software is manipulated. On Election Day, as the e-poll book problems continued, Ms. Greenhalgh urged an Election Protection colleague in North Carolina to warn the state Board of Elections of a cyberattack and suggest that it call in the F.B.I. and Department of Homeland Security. In an email,she also warned a Homeland Security election specialist of the problems. Later,the specialist told her Durham County had rejected the agency's help. When Ms. Greenhalgh, who works at Verified Voting, a nonprofit dedicated to election integrity, followed up with the North Carolina colleague, he reported that state officials said they would not require federal help. "He said:'The state does not view this as a problem. There's nothing we can do,so we've moved on to other things," Ms. Greenhalgh recalled. "Meanwhile, I'm thinking,'What could be more important to move on to?" An Interference Campaign The idea of subverting the American vote by hacking election systems is not new. In an assessment of Russian cyberattacks released in January,intelligence agencies said Kremlin spy services had been collecting information on election processes, technology and equipment in the United States since early 2014. The Russians shied away from measures that might alter the "tallying" of votes,the report added, a conclusion drawn from American spying and intercepts of Russian officials' communications and an analysis by the Department of Homeland Security, according to the current and former government officials. The most obvious way to rig an election — controlling hundreds or thousands 6 of 8 GREEN 546/17,4:21 Pm Russian Election Hacking Efforts, Wider Than Previously Known, Dr... https://www,nytirnes.com/2017/09/011usipolitiesirussia-election-backi... of decentralized voting machines — is also the most difficult.'During a conference of computer hackers last month in Las Vegas,participants had direct access and quickly took over more than 30 voting maehines. But remotely infiltrating machines of different makes and models and then covertly changing the vote count is far more challenging. Beginning in 2015,the American officials said, Russian hackers focused instead on other internet-accessible targets: computers at the Democratic National Committee,state and local voter databases, election websites,e-poll book vendors and other back-end election services. Apart from the Russian influence campaign intended to undermine Mrs. Clinton and other Democratic officials,the impact of the quieter Russian hacking efforts at the state and county level has not been widely studied. Federal officials have been so tight-lipped that not even many election officials in the 21 states the hackers assaulted know whether their systems Were compromised,in part because they have not been granted security clearances to examine the classified evidence. The January intelligence, assessment implied that the Russian hackers had achieved broader access than has been assumed. Without elaborating,the report said the Russians had "obtained and maintained access to multiple U.S. state and local election boards." Two previously acknowledged strikes in June 2016 hint at Russian ambitions. In Arizona, Russian hackers successfully stole a username and password for an election official in Gila County. And in Illinois, Russian hackers Inserted a malicious program into the Illinois State Board of Elections' database. According to Ken Menzel,the board's general counsel, the program tried unsuccessfully "to alter things other than voter data" — he declined to be more specific — and managed to illegally download registration files for 90,000 voters before being detected. On Election Day last year, a number of counties reported problems similar to those in Durham. In North Carolina,e-poll book incidents occurred in the 7 o.f8 GREEN 5t6:17, 4:21 PM Russian Election Hacking Efforts, Wider Than Previously Known, Dr... https://www.nytimes.com/2017/09/01/us/politics/russia-election-hacki... counties that are home to the state's largest cities,including Raleigh, Winston Salem, Fayetteville and Charlotte. Three of Virginia's most populous counties — Prince William, Loudoun, and Henrico — as well as Fulton County, Georgia, which includes Atlanta, and Maricopa County, Arizona, which includes Phoenix, also reported difficulties. All were attributed to software glitches. Senator Mark Warner,Democrat of Virginia and vice chairman ofthe Senate intelligence committee, argued for more scrutiny of suspicious incidents."We must harden our cyber defenses, and thoroughly educate the American public about the danger posed" by attacks," he said in an email."In other words: we are not making our elections any safer by withholding information about the scope and scale ofthe threat." In Durham County, officials have rejected any notion that an intruder sought to alter the election outcome."We do not believe, and evidence does not suggest, that hacking occurred on Election Day," Derek Bowens,the election director, said in a recent email. But last month,after inquiries from reporters and the North Carolina State Board of Elections and Ethics Enforcement, Durham county officials voted to turn over laptops and other devices to the board for further analysis. It was not clear which government agency or private forensics firm, would conduct the investigation. Ms. Greenhalgh will be watching closely."What people focus on is,'Did someone mess with the vote totals?" she said."What they don't realize is that messing with the e-poll books to keep people from voting is just as effective." Follow Nicole Perlroth, Michael Wines, and Matthew Rosenberg on Twitter. A version of this article appears in print on September 2, 2017, on Page Al of the New York edition with the headline: Little Effort to Investigate in States Targeted by Election Hacking. © 2017 The New York Times Company 8 of 8 GREEN 56/1 7,4:21 PM Kin Alan From: Sent: To: Subject: Attachments: Reid, Amanda Wednesday,July OS, 2017 1:05 PM King, Alan Election Integrity Commission and Election Process Election Integrity Commission.docx; Election Process.docx Amanda Reid, Esq. Staff Attorney Jefferson County Probate Court 716 Richard Arrington Jr. Blvd. N. Birmingham, Alabama 35203 Telephone:(205)325-5203 Facsimile:(205)214-4056 1 GREEN 61 $00,,,MMVOISFIMVPIEZrw:' , From: Sent: To: Subject: Reid, Amanda Wednesday, July 05, 2017 10:23 AM King, Alan RE: Research Ok.. Will do. Amanda Reid Staff Attorney Jefferson County Probate Court From: King, Alan Sent: Monday,July 03, 2017 7:35 AM To: Reid, Amanda Subject: Research Importance: High EAC- Election Assistance Commission I've haven't paid a whole lot ofattention to this but there is a federal commission that is supposed to be bi-partisan. There are maybe 2-3 Dems and 2-3 R's, but the R Congress will not fill all the slots, so the EAC is basically useless. That's somewhat accurate,I think. Please see what you can find, and give me some history, and the current state ofthe EAC. Thanks. Man L. King,Nage ofPeobaft Chief Maim Official ififfenon County Couititaaa. koZoi nsothwd.mum.k.emt.rftrer, iliewsinium, AtZS= Aftifv.00`04/0442440NouttoViil (ZEMIN-WM ba,« Pint MAI% GREEN 62 From: Sent: To: Subject: Reid, Amanda Wednesday, July 05, 2017 9:53 AM King, Alan RE: Election Comm (Jot it. Will do. We may need a bigger three ring binder, though!;) Amanda Reid Staff Attorney Jefferson County Probate Court From: King, Alan Sent: Sunday,July 02,2017 3:46 PM To: Reid, Amanda Subject: Election Comm Importance: High I am going to find a 3-ring binder and have you add things to it I'l place it on your desk or in your chair. Don't know ifI'm in the ball game(but think I am)so I'm going to start preparing as if I'm going to be selected, and need for you to help me a LOT! The first meeting ofthe Commission will be on July 19 at the Eisenhower Executive office Building(where I had my interview). If so, I will need to fly from Orlando to DC on the 18th and then fly back to Orlando on the 20th, as Karen and I are leaving for a 3-day cruise on the 21st. Mark and Andrew are aware ofthis. I need to give certain things a great deal ofthought between now and this Friday, because I leave for IGO in Orlando next Sunday. Please 3-hole punch all ofthe articles into the binder. Also, please research states' rights in the Constitution. I am far from being a Con Law expert. (My prof at Cumberland was retired Navy and never should have been a law school Prof). The R's champion states' rights yet the Comm wants states to turn over voter lists. There will be more—I want to give some thought to what the Comm SHOULD be doing, instead of what they may have in mind doing, and have you type that for me. I know you won't see this until Wednesday when I'll be in Bessemer. This is a priority over your work on our cases. Thanks. GREEN 63 Aldn I.lavg,Jdg fVaali ChiefElection Officiid iefferwai Comity te«mmise,Rom faCt Wirth 1161Wooto AorivuoSt. tlivithvtuovi6 Ife1.0 wAr41,Moltiobatotorouvoi MS)ammo Cm OM :Mutelitti 2 GREEN 64 King, Alan From: Sent: To: Subject: Kossack, Andrew J. EOP/OVP Friday, August 25, 2017 8:15 PM King, Alan Re: Sept 1142, Manchester Judge King, Thank you for the note, and my apologies for the conflict in your schedule. You will certainly be missed at the meeting. There were a number of competing scheduling challenges, so unfortunately we were stuck with a number of imperfect options. I know that everyone will understand your absence and appreciate the demands of your day job, so please don't worry about anyone thinking you're shirking your duties. No doubt we'd all prefer to have you at the meeting, but we certainly understand, And I will do everything I can to ensure we can have you at future meetings. Thank you for sharing your conflicts again so I can keep those in mind. If you have any availability for a brief phone call next week, I'd love to catch up with you generally for a few minutes just to update you on a few things and keep in touch. No rush, but if you have any open blocks, let me know and we can schedule something. Hope all's well with you otherwise! Thanks, Andrew Andrew 3. Kossack Associate Counsel Office ofthe Vice President. Email: Andrew..1.Kossack.apovp.eqp.clov Cell: On Aug 25, 2017, at 9:49 AM, King, Alan. wrote: Andrew, As I have emailed you, I know that I am just one person. I had also emailed you the dates that I would be unable to attend. At the end ofthe day, I am the Presiding Probate Judge of Jefferson County, Alabama,and I have a lot of duties and responsibilities. My docket is generally set six(6) or so months in advance, and I have enormous administrative responsibilities also. Plus, we are working through many technology issues as all courts are, and that falls on me to lead our court and use county funds wisely. I informed Ron Williams that I. would be able to meet on Thursday, September 14. I wish that had been the selected date. However, unfortunately and regrettably, I will be unable to travel to Manchester, NH for the September 12 meeting, due to a conflict that has been on my schedule for 3-4 months. 1 GREEN 65 I have sent this to you before, but 1 will also be unable to meet on the following dates: October 16-18, 2017; October 26-27, 2017; November 15-17,2017; December 11-13, 2017; January 8-10, 2018; February 12-15, 2018; February 26March 1, 2018. Believe me,I have wished many times that I wasn't so busy, but I have run for this position three(3)times with my eyes wide open,so I understand the pressures and responsibilities. I know that you and everyone else are tremendously,tremendously busy also, so by no means am I meaning to imply otherwise. Hopefully,I can make some or all ofthe other meetings that are scheduled. Forgive me for being so wordy, and I am certainly not trying to shirk my duties, but I wanted to provide you with an explanation. I don't know what is proper, and whether I should email or reach out to Secretary Kobach or not, with an explanation also. Thanks. Alan Man L. KM& Jar of kWbate ChiefElectitql Official 114fatson towityeekott,ittxma 716 Rithisktil Aititttuo OWL MN* liattriikpalts, Mal ttemv.on'optamet.au.suogi z4.4-4,7,6 cus)m.wa3tien 2 GREEN 66 King, Alan From: Sent: To: Subject: Alan L. King Friday, August 25, 2017 7:52 AM King, Alan Fwd: September Meeting - 9/12 in Manchester, New Hampshire Sent from my iPhone Begin forwarded message: From:"Kossack, Andrew J. EOP/OVP" Date: August 24, 2017 at 12:02:51 PM CDT To:'Kris Kobach' "cwiawson sos.in.gov" , "Christy McCormick" "david@cal:3itolpartnersarcom" , Mark Rhodes ,"von Spakovsky, Hans" ,"Alan L. King" "rnatthew,duniap@maine.gov" Cc:"Paoletta, Mark R. EOP/OVP" ,"Morgan, Matthew E. EOP/OVP" ,"Williams, Ronald E. EOP/OVP" Subject:September Meeting - 9/12 in Manchester, New Hampshire Dear Members, Thank you for holding September 12th for our next meeting, and for your patience as we worked through some logistical details. I am excited to share that Secretary Gardner has kindly offered to host the Commission in New Hampshire at the New Hampshire Institute of Politics at St. Anselm College. The meeting will begin at 10:00 a.m. Eastern on Tuesday,September 12th, and we expect to finish no later than 4:00 p.m. Please feel free to proceed with making your travel arrangements. As a reminder, here are the instructions for booking travel through GSA's travel services: Booking Travel to New Hampshire Instructions Members or their support staff who have established traveler accounts with GSA can call the travel agent directly to book their travel. ADTRAV (GSA travel agent): 877-472-6716, available 24/7 Key Information when calling the travel agent: • ADTRAV will recognize members by first and last name and agency--which is the General Services Administration (GSA)for the purposes of this travel. O Have a personal credit card available--hotel will be booked using a personal card. Members can choose their hotel and will be reimbursed up to the maximum per diem rate for Manchester, NH ($10B/night)(keep hotel receipts) • The committee has budoeted for travel for up to 3 days per member between 9/11 and 9/13. Arrangements should be made within those parameters. • Members(or their staff) should tell the agent the traveler's date of birth if making airline reservations. This is a requirement in order for tickets to be issued. 1 GREEN 67 Travelers will need to follow federal regulations governing travel. Key points: • • • • • • Hotel: Max lodging per diem rate reimbursed for Manchester, NH in September: $108(keep hotel receipts--reimbursed up to $108. Lodging taxes will be reimbursed separately as well.) The travel agent can help members find rooms at or below per diem. Airfare: Must use coach class and the contract carrier fare (booked by travel agent) o Exceptions to contract fare must be documented/justified--e.g., Timing of contract fare flights do not allow traveler to meet mission or non-contract fare is less expensive Meals & Incidental Expenses(MI&E): reimbursed $64 per day for Manchester; $48 on first & last day of travel (no receipts needed, reimbursed $64 for full day and $48 for first and last day of travel) Rental cars: Receipt required for all expenses Taxis/metro: reimbursed for official business related to the committee--e.g., to/from airport, to/from committee meetings (keep receipts) Other (i.e. airline baggage fees): Reimbursed (keep receipts) Airfare will be booked through the travel agent and paid directly by GSA. All other approved travel expenses (hotel; MI&E; taxis) will be paid for using the member's personal card and will subsequently be reimbursed. Details on reimbursement process will be provided upon completion of the travel. If members or their staff have questions regarding the above that the travel agent can't answer, please don't hesitate to have the members' staff reach out to Valerie Whittington or Kris Palmer. valerie.whittinotonaosalov - 202-501-3395 kris.palmerdsa.qov - 202-501-0525 We will share more information about the meeting and agenda soon. If you have any questions in the meantime, please let me know. 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 2 GREEN 68 Kin , A an wo.w...auv From: Sent: To: Subject: •• •• •• • • • •• • • •• ••• •• • • •••••••••• ••• Alan L. King Wednesday, August 02, 2017 8:52 AM King, Alan Fwd: Commission SGEs and the Hatch Act — Point of Clarification Sent from my iPnone Begin forwarded message: From:"Kossaelc„ Andrew J. EOP/OVP" Date: August 2,2017 at 8:28:18 AM CDT "cwlawson@sos.in.gov" , To:'Kris Kobachi "Christy McCormick" "david@capitolpartnersar.com" ,Mark Rhodes ,"von Spakovsky, Hans" , "Alan L. Kim" Cc: "Paoletta, Mark R. EOP/OVP" ,"Morgan,Matthew E. EOP/OVP" ,"Baykan,Deniz M.EOP/OVP" Subject: FW: Commission SGEs and the Hatch Act — Point of Clarification Dear Members, Please see the follow-up communication below from GSA legal regarding the Hatch Act. If you have any questions, please let me know. We are happy to provide you with any additional information or clarification you need. Thanks, Andrew Andrew J. Kossack Executive Director & Designated Federal Officer Presidential Advisory Commission on Election Integrity Hi Andrew, This is a follow-up to our ethics briefing on July 19, 2017. I wanted to provide the members of the Presidential Commission on Election Integrity (the "Commission") with additional information on the Hatch Act and clarify what "duty hours" for the Commission means since they are in a non-pay status. GREEN 69 Under the Hatch Act, 5 C.F.R. § 734.601, Subpart F—Employees Who Work on An Irregular or Occasional Basis Employees,"[a] employee who works on an irregular or occasional basis or is a special Government employee...is subject to the [Hatch Act] when he or she is on duty." The Hatch Act governs the political activities of federal employees, including special government employees. Political activity is defined as an activity directed at the success or failure of a political party, candidate for partisan political office or partisan political group. For purposes of the Hatch Act, because the Commission members are special government employees and are not in a pay status,"on duty" means the hours each member performs government business (i.e., Commission business). A Commission members duty hours include, but are not limited to: 1) attendance at official meetings; 2) attendance at sub-committee meetings; 3) research performed on behalf of the Commission; and 4)the review of research/preparation to attend meetings. For example, "[a]n employee appointed to a special commission or task force who does not have a regular tour of duty may run as a partisan political candidate, but may actively campaign only when he or she is not on duty." 5 C.F.R. § 734.601. An example of "on duty" for Commission members is: a Commission member attends a committee meeting from 8:00 a.m. - 1:00 p.m., during this time the Commission member is prohibited from engaging in political activity, induding but not limited to sending a tweet about a candidate for partisan political office or send out emails asking for donations to his or her campaign for partisan political office. On the very same day, from 3:00 p.m. to 7 p.m., the Commission member is not prohibited from attending a political fundraiser and even soliciting political contributions from the attendees, because the event is not during the Commission member's duty hours. Please note that based on the heightened level of interest this Commission has received, to alleviate potential appearance concerns, when possible, Commission members may not want to engage in political activities on days where the Commission member has or will perform work on behalf of the Commission. Best Regards, Shana Shana T. Vinson Assistant General Counsel Ethics Law Staff - General Law Division U.S. General Services Administration CONFIDENTIALITY NOTICE: This email message and any attachments to this email message may contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity to whom it is addressed. Please do not forward this message without permission. If you are not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone or return email and delete and destroy the original email message, any attachments thereto and all copies thereof. 2 GREEN 70 King, Alan From: Sent: To: Subject: Attachments: Alan L King Wednesday, July 26, 2017 8:23 PM King, Alan Fwd: Letter from Vice Chair Kobach July 26, 2017 Letter from Vice Chair Kris Kobach.pdf Sent from my iPhone Begin forwarded message: From:"Kossack, Andrew J. EOP/OVP" Date: July 26,2017 at 4:19:30 PM CDT To:'Kris Kobach' "cwolawsonOsosin. ov" , "Christy McCormick" "david@capitolpartnersar.com" , Mark Rhodes ,"von Spakovsky, Hans" , "Alan L. King" Cc: "Paoletta, Mark R.EOP/OVP" ,"Morgan, Matthew E. EOP/OVP" Subject: Letter from Vice Chair Kobach Dear Members, Please see the attached letters from Vice Chair Kobach, which will be transmitted to states soon. Thank you, Andrew GREEN 71 King, Alan From: Sent: To: Subject: Alan L. King Friday, September 01, 2017 5:31 PM King, Alan Fwd: Updates Sent from my iPhone Begin forwarded message: From:"Kossack, Andrew J. EOP/OVP" Date: September 1, 2017 at 5:28:41 PM CDT "cwlawson@sos.in.gov" , To:'Kris Kobach' "Christy McCormick" ,"david@capitolpartnersar.com" , Mark Rhodes ,"von Spakovsky, Hans" ,"Alan L. King" "matthew.dunlap@maine.gov" ,"King, Alan" , David Dunn Cc:"Paoletta, Mark R. EOP/OVP" ,"Morgan, Matthew E. EOP/OVP" ,"Williams, Ronald E. EOP/OVP" Subject: Updates Dear Members, A couple quick updates. First, we anticipate sending you a proposed agenda this Tuesday. As I've discussed with each of you, we have a fairly full agenda with a number of distinguished panelists. There will be time for Q&A after each panel, as well as a discussion period towards the end of the meeting, but we do not anticipate allocating time for opening statements from each of the members so there's no need for you to prepare opening remarks. By way of follow up to Vice Chair Kobach's letter, we would like to request that you please make every effort to submit any written materials that you plan to share at the meeting by Thursday, September 7th by 6:00 p.m. This will ensure that we can provide all of the materials, including the presenters materials, to you by Friday so that you can adequate time to review the material before our meeting. It will also help ensure that we are able to post everything on our webpage prior to our meeting so that the public is also able to review all material before the meeting This would include any presentations, reports, or similar written materials for the meeting. If you have any concerns with this timing, please call me any time to discuss further. If you have any other questions, please let me know. Hope you all have a great Labor Day weekend! Thanks, Andrew Andrew J. Kossack 1 GREEN 72 Executive Director, Presidential Advisory Commission on Election Integrity Associate Counsel, Office of the Vice President Cell: Email: And rew.J.kossack@ovp.eopRov 2 GREEN 73 Reid, Amanda From: Sent: To: Subject: Alan King Monday, August 14, 2017 6:55 AM Reid, Amanda Fwd: our right to vote is under attack 1/m not certain John Lewis has his facts straight. Maybe he does. Please see if you can verify. AK Forwarded message From: Date: Sun, Aug 13, 2017 at 8:04 PM Subject: Fwd: our right to vote is under attack To: 591.500 voters purged in Georgia! Original Message----From: John Lewis To: Tom King Sent: Sun. Aug 13, 2017 5:20 pm Subject: our right to vote is under attack Tom -Over 50 years ago, I was registering voters in the South. That work was a brutal struggle. We faced powerful, bigoted opposition. But I was so proud of every new voter we registered. Now, our right to vote is once again under attack. My home state of Georgia just canceled the registration of 591,500 voters This is a deliberate, systematic attempt to silence us and make it harder to vote. I've fought too long and too hard to let this injustice stand. But I can't fight this battle alone. Tom, if you're with me,sign your name to protect the right to vote >> The vote is precious, almost sacred. It is the most powerful tool we have in a democratic society. Every citizen should be able to use it without interference. GREEN 74 But voter suppression attempts have become all too common. Most recently, the White House formed a sham "Election Integrity Committee" that only serves to collect our most personal information. Those who are okay with this don't understand that this is what voter suppression looks like. They've never had to stand in unmovable lines. They were never beaten, jailed, run off their farms or fired from their jobs. They were never denied the right to participate in the democratic process. We all need to stand up and say this is wrong. And we can't back down until the right to vote is protected in every corner of our country. So Tom, veHl you joi'n me? Please sign your name today and protect the right to vote: http://go.johnlewisforcui-Nress.comNoting-Rights-2017 Thanks for taking action with me, Congressman John Lewis PAID FOR BY JOHN LEWIS FOR CONGRESS This message was sent to: I Change or update your email address by . We believe that emails are a crucial way for our campaign to stay in touch with supporters like you. If you'd like to receive fewer emails, you can click here . Our campaign is powered by supporters like you, Your grassroots support is critical 'helping John Lewis continue fighting for justice and progress. If you'd still like unsubscribe from our emails, click here . If you'd like to donate to our campaign please click here . thanks for having John's back! 2 GREEN 75 http://www.myajc.cominews/state—regional-govt—politics/georgia-cancels-registrationmore-than-591-500-voters/ozSuX227UpNel8YGQ0hYUN Georgia cancels registration of more than 591,500 voters georgia-politics By Kristina Torres - The Atlanta Journal-Constitution 440 David Barnes A.J. Seger, center right, 2, stands at a voting machine while his mother, Mindy Seger, far left, 38, casts her ballot at Mount Zion United Methodist Church in Marietta on April 18.(DAVID BARNES / DAVID.BARNES@AJC.COM) Posted: 3:32 p.m. Monday, July 31, 2017 Georgia canceled the registration of more than a half-million voters over the weekend, part of an ongoing round of maintenance to clean up the state's voting rolls. GREEN 76 Each ofthe 591,548 voters affected by the move had already been on the state's "inactive" registration list. That means they had not voted, updated their voter registration information, filed a change ofname or address, signed a petition or responded to attempts to confirm their last known address for at least the past three years. None ofthe voters had had any contact with local election officials or the state since at least Sept. 16,2014, according to the Georgia Secretary of State's Office. The date coincides with the early-voting period leading up to the midterm Nov. 4,2014, general election. State and federal law requires that Georgia give voters at least two federal general election cycles before it can take action to remove voters from the rolls, as it did starting overnight Friday. "Voter list maintenance is both a statutory obligation and critical safeguard for the integrity of the ballot box," said Candice Broce, a spokeswoman for the Secretary of State's Office."By regularly updating our rolls, we prevent fraud and ensure that all votes are cast by eligible Georgia voters." The effort was part ofthe state's regular off-year maintenance of the rolls, which up until this weekend included about 6.9 million voters. Related • The mysteries ofauto insurance pricing • After Obamacare repeal fails.. Georgia leaders to seek Medicaid waivers • ACLU sues Fulton County over notice sent to registered voters • Georgia might ditch license plate tags; state studies idea • The Life and Career of General John Kelly Georgia removed almost 732,800 voters in its previous round ofrolls cleanup between 2014 and 2016, according to a recent report from the U.S. Election Assistance Commission. Three-quarters ofthese voters were dropped because they had moved away. GREEN 77 This year's effort, however,is coming at a fraught time for some civil rights advocates. Georgia's work to clean up its rolls unintentionally coincides with a request from the U.S. Justice Department to 44 states including Georgia asking how they remove voters from the rolls who should no longer be eligible to vote. At the same time, a separate federal commission created by President Donald Trump to investigate unsubstantiated claims of"millions" ofillegal votes cast in last year's presidential election has also drawn ire over a query seeking personal information on state voters themselves, such as their addresses, dates of birth, party affiliations and voting histories. Several weeks ago,the state through local county election offices also sent out address confirmation notices to more than 383,400 voters as part ofits biennial cleanup effort. Such notices are used across the country to confirm whether a voter has moved outside a registrar's jurisdiction. Voters who receive them are told they have 30 days to respond, either to confirm their address or to indicate their new one,and risk being moved to the state's "inactive" registration list ifthey don't. Being declared "inactive" would then start the clock ticking on the years-long process that culminates in being cut from registration rolls, although an "inactive" voter in Georgia is still legally registered to vote and by law has full access to a ballot. "Being made an 'inactive' voter has consequence," said Sean Young,the legal director for the American Civil Liberties Union of Georgia, which on Friday sued Fulton County over the fact that some ofthe address confirmation notices went to voters who had moved within the same county. The group says those voters should not face the possibility of being declared "inactive" because state law doesn't mandate such an action for that particular group of voters. The ACLU said it also believes that goes beyond what's federally allowed. "Intimidating and confusing voters with bureaucratic nonsense," Young said,"is classic voter suppression." Fulton County officials have said they did nothing wrong by sending the notices, which are supplied by the state but mailed by local counties. GREEN 78 More Than 380p00 Georgia Voters Receive'Purge Notice' - Rewire https://rewire.news/artic1e/2017/07/21/more-380000-georgia-voters-... R„A.wire NEWS 'OLMCS More Than 3 0, 00 Georgia Voters Receive Purge Notice' Jul 21 2017, 3:35pm Regina Willis "Being an inactive voter does not mean I am off the voter rolls, but it is the first step to taking me off. And I've had enough of that." After a voter has been moved to an inactive status, their registration will be canceled if they do not update 1 Off) GREEN 7 8!I4/17, 1:29 PM More Than 380,000 Georgia Voters Receive 'Purge Notice' - Rewire https://rewire.news/article/2017/07/21/more-380000-georgia-voters-... their voter registration or vote in an election over the next four years. Chip Somodevilla/Getty Images More than 380,000 Georgia voters received a "purge notice" from their local board of elections under the direction of the Georgia Secretary of State's Office, Rewire has learned through an open records request. The ACLU sent a letter earlier this month to Secretary of State Brian Kemp and to the chairperson of the Fulton County Board of Registration and Elections alleging that these notices, when sent to voters who moved within the same county, violate the National Voter Registration Act of 1993. The letter requested more information about the notices that were sent out and officially informed the named officials of their intent to sue if corrective actions are not taken. Fulton County resident Stacey Hopkins received an official piece of mail on July 3 informing her that, "If you do not return the attached card within 30 days, you will be moved to an inactive [voter] status." "I opened the notice, it was on July 3 right before Independence Day," Hopkins told Rewire in a July 14 phone interview.'And I opened it and I read the first line and to be honest the first thing my mind said was,'This is bull.' Because of the work that I've done doing voter registration in the state and being a part of a coalition of voter empowerment and civic engagement groups, I immediately recognized it for what it was." APPRECIATE OUR WORK? Rewire is a non-profit independent media publication. Your tax-deductible contribution helps support our research, reporting, and analysis. DONATE NOW According to the notice, there are three reasons voters might be asked to verify their voter registration: they filed a change of address request with the United States Postal Service, they have not voted in the past three years, or official election mail has been returned to the elections office. 2 of6 GREEN 4/17, 1:29 PM More Than 380,000 Georgia Voters Receive 'Purge Notice' - Rewire https://rewire.news/article/2017/07/21/more-380000-georgia-voters-... The 380,000 figure provided by the secretary of state's office only reflects voters who received a notice because they filed a change of address request. This represents about 6.5 percent of all active, registered voters in Georgia. The postal service maintains a National Change of Address(NCOA)list, which it shares with all states. States are required under federal law to have a process to maintain their voter rolls, and using the NCOA information as part of this process is legal, as is doing regular voter list maintenance. Voters who do not respond to the notice will become "inactive," which does not prevent them from voting but is the first step toward removing someone from the voter rolls. Candice Broce, the press secretary for the Georgia Secretary of State's Office, told Rewire in an email that, "Inactive status does not prevent a voter from voting, and it does not make it more difficult to vote. No one is being removed from the rolls as part of the NCOA process. Contrary to the ACLU's characterization of this process, it is no 'purge." Hopkins, the ACLU, and the Secretary of State's Office agree on one point: Being an "inactive" voter does not impact a voter's ability to cast a ballot. "Being an inactive voter does not mean I am off the voter rolls, but it is the first step to taking me off. And I've had enough of that," Hopkins said. After a voter has been moved to an inactive status, their registration will be canceled if they do not update their voter registration or vote in an election over the next four years. There is a separate lawsuit, filed by Common Cause Georgia earlier this year, challenging the policy of changing voter registration status simply for not voting. The organization is currently appealing a lower court's decision to throw out the suit. Hopkins and the ACLU are challenging the legality of these notices being sent to voters who moved within the same county. When voters are still covered by the same board of elections —which in Georgia is handled by the counties—they fall under a different set of rules as part of the National Voter Registration Act of 1993 than voters who move to a new county The Georgia Secretary of State's Office was unable to provide Rewire with data about how many of the 380,000 notices went to voters who moved within the same county. "Once you are registered, it should be very difficult to get someone off the rolls. And that was 3 of6 GREEN 8:1 6/14/17, 1:29 PM More Than 380,000 Georgia Voters Receive'Purge Notice - Rewire https://rewire.newsiarticle/2017/07/21/more,..3.80000-georgia-voters-- the whole intention of the National Voter Registration Act. And what they are doing is putting the onus[on voters]to take further action, but they are already registered," Hopkins said. Broce, the press secretary for the secretary of state's office, told Rewire by email that, "It has literally never been easier to get registered to vote in Georgia,"[original emphasis maintained] citing the myriad ways voters can register: on its website, on a smartphone app, with a paper application, or through a new texting program its office has piloted. But the landscape of voting laws in Georgia looks very different than it did a decade ago, and Kemp,the top election official in Georgia and a candidate for governor, has been the subject of criticism over his handling of the voting process. His office settled a lawsuit in February over the use of a controversial"exact match" program that prevents voters from registering if there is even a small discrepancy in the voter's information on their ID compared with their registration. The lawsuit noted that although Black applicants only made up about one in three voter registration applicants from 2013-2016, they comprised almost two-thirds of the rejected applicants based on the "exact match" voter verification technique. Latino and Asian-American voter registration applicants were similarly disproportionately impacted by the policy. However, state legislators revived the use of a similar matching protocol less than a month later, much to the chagrin of the voting rights groups involved in the lawsuit. That law went into effect July 1. Georgia's history with controversial voter suppression tactics goes back even further. The state was one of the first to implement a restrictive voter ID law in 2007 under then-Secretary of State Karen Handel. A recent Washington Post analysis of voter turnout across multiple election cycles in states with strict voter ID laws points to the negative impact these laws have on people of color and those with low incomes. Until the landmark 2013 Supreme Court decision Shelby County v. Holder, Georgia was subject to the Department ofJustice's(DOP preclearance program, which required certain states and municipalities with histories of voter suppression to submit changes to voting laws to the DOJ for approval. Asian Americans Advancing Justice Atlanta has been involved with lawsuits against Kemp, including one challenging the "exact match" protocol this year. Raymond Partolan, Advancing 4 of6 GREEN 1414/17,1:29PM More Than 389,000 Georgia Vbiers.Receive'Purge Notice - Rewire htipa://rewire.news/article/2017/07/21/more-380000-georgia,voters-,.. Justice's program associate, told Rewire the organization provides language assistance and other support to Asian American voters that the Secretaty of State's office could provide. "Over 40 percent of Asian American adults that live here in the state of Georgia are what we call limited english proficient, or LEP," Partolan explained."So whenever people like the secretary of state or the county elections office send out these notices and they're in English, people don't generally know what they are talking about. And it disenfranchises thousands of people." Although there are federal laws that require elections bodies to provide accessible materials for language minorities, Asian American communities may not qualify because they represent a huge diversity of languages. "In the United States, Asian Americans represent over 30 different countries and speak over 100 different languages. This makes our work that much harder," Partolan said. Advancing Justice is working with the ACLU on a related but separateletter to Kemp and to the chairperson ofthe Fulton County Board of Registration and Elections arguing that the'purge notices' violate the National Voter Registration Act. Under federal law, the ACLU must wait 90 days after sending an official notice of intent to sue before filing a lawsuit. Broce wrote in an email that the secretary of state's office plans to defend their work. "This is not the first time that our processes have been challenged, and I doubt that it will be the last. Nonetheless, it is our duty to keep the voter rolls up-to-date, and we will vigorously defend this duty in the face of opposition," Broce wrote. Although Hopkins and the ACLU have not received a response to their letter from Kemp's office within the three business days required by Georgia law, the Kemp for Governor campaign sent an email to supporters two days after the letter was sent asking for donations. The email said that "[T]he ACLU threatened to sue me for keeping our voter rolls clean. Unfortunately, this is the new normal. When special interests groups don't get their way at the ballot box,they feign outrage, spread fake news, and file lawsuits." "If Secretary of State Brian. Kemp is using this for fundraising, I guess that's a sign we are in for 5 of6 GREEN 8,3 6/14/17, 1:29 PM More Than 380,000 Georgia Voters Receive 'Purge Notice' - Rewire https://rewire.news/article/2017/07/21irnore-380000-georgia-voters-... a long, protracted fight," Hopkins said after being told about the fundraising email. UPDATE:This piece has been updated to clarify the status of Common Cause's lawsuit and to note who received the notices. RELATED ARTICLES ANALYSIS Pot.mcs Two Anti-Choice Republicans Poised to Advance to Special Election Runoff in Alabama ANALYSIS HUMAN RIGHTS The DOI Is Chipping Away at the Civil Rights Act, One Amendment at a Time Aug 8, 5:34pm Sofia Resnick Aug 11, 12:57pm Ally Boguhn ANALYSIS HUMAN RIGHTS 'The Population Is Not Getting Smaller': Women Behind Bars Aren't Seeing Effects of Oklahoma Prison Reform Jul 26, 10:27am Victoria Law 1 LOAD MORE Rewire CO 2017 Rewire. All rights reserved. 6 of6 GREEN 84 tvi41/17, 1:29 PM Group seeks Fed.wal court order reinstating some felons' voter registr... http://www.alreporter.com/2017/07/25/group-seeks-federal-court-ord... Look your best... Botox/Dysport Dermaplaning 4), Mesotherapy Sclerotherpy Facial Fillers Conveniently located offLake Martin feel even better Facials and Chemical Peels Facial Micro-needling ...and much more 8220 County Rd 34 I Dadeville (256)307-1848 Search ALABAMA POLITICAL REPORTER Monday, August 14th 2017 HOME NEWS OPINIONS FEATURED COLUMNISTS ARCHIVES ABOUT GUEST COLUMNISTS CONTACT Alabama Political Reporter > News > In Case You Missed It > Group seeks Federal court order reinstating some felons' voter registration JULY 25, 2017 1 of7 Group seeks Federal court order reinstating some felons' voter registration GREEN 814/17 2:33 PM Group seeks Federal court order reinstating some felons' voter registr... Intp:I/www.alreporter.com/2017/07/25/group-seeks-federal-court-ord... CHIP BROWNLEE By Chip Brownlee Alabama Political Reporter A nonpartisan election public interest group is seeking a Federal court injunction ordering Alabama's Secretary of State to reinstate some felons' voter registration and educate others on their rights to register to vote. The group, the Campaign Legal Center, is seeking an injunction from Federal District Court Judge Keith Watkins, who will hear the case Tuesday. The request for an injunction also seeks to force the Secretary's Office to educate the public about recent changes to election law in Alabama. Since 1901, felons convicted of "crimes of moral turpitude" have been ineligible to register to vote. But for more than 100 years, there was no clear definition of what a "crime of moral turpitude" was. "It has been anything but clear what moral turpitude meant: said Danielle Lang, the lead attorney on the case for the Campaign Legal Center, noting that the Legislature, the Courts nor the Executive Branch had previously defined what the phrase meant."That led to arbitrary and scatter-shot enforcement throughout the state For years, local registrars decided what it meant. But earlier this year,the Legislature passed HB282,which enumerated a list of 46 types of felonies — including murder, some types of theft, drug trafficking and other 2 of7 GREEN 8#14/17,2:33 pm Group seeks Fedoral court order reinstating some felons' voter registr„. http://www.alreporter.com/2017/07/25/group-seeks-federal-court-ord... violent crimes — that could cause an otherwise eligible voter to lose their right to vote. Felons who haven't been convicted of one of the 46 types now have assurance not previously available that they can vote. The hopeful voters can also now register to vote without fearing that they may perjure themselves by guessing if their felony conviction counted as a "crime of moral turpitude: which was an issue previously, Lang said. "FIB 282 is a step in the tight direction because it does re-enfranchise some people with felony convictions: Lang said in a phone interview."In order for that to be a reality, there has to be voter outreach. In order to be re-enfranchised, there has to be public education: Even with the new legal protections, many have no idea the law was passed, much less the specifics of whether they're eligible, Lang said. According to information the CLC received from the Secretary's Office, more than 66,000 people have been purged from the state's voter rolls based on their felony convictions. Another 7,000 or more had their applications denied when they registered to vote. But even that number doesn't cover everyone, Lang said. "That's only a fraction of the people who have been disenfranchised because there are a number of people with felony convictions who think they can't vote so they never register to vote: Lang said. in their motion before the Federal District Court, the CLC and their plaintiffs ask the court to order Alabama Secretary of State John Merrill to add updated felon eligibility requirements to the voter registration form,to the AlabamaVotes,gov website and implement a public education plan to educate voters with convictions about their new eligibility. 3(47 GREEN 8,7 6/14/17,233 PM Group seeks Federal court order reinstating some felons' voter registr... http://www.alreporter.com/2017/07/25/group-seeks-federal-court-ord... The group is also arguing that some felons — who are now eligible to vote under HB282 but had their registration denied or struck from the rolls in the past two years — have their voter registration reinstated and be provided an individual notice of their registration. If Judge Watkins does order the reinstatement of voting rights for those with convictions still eligible under HB282, it isn't clear how many new voters that would added to the rolls. CLC said they don't know how many of the 70,000 are now eligible, but they believe Merrill and his office have the information. Merrill's office is now going to court over a law he helped champion. Since 2015, he and his office pushed HB282 in order to clarify which felons could vote and give direction to local registrars. "We want every eligible US citizen that's a resident of Alabama to be registered to vote and have a photo ID — every one," Merrill told APR."We've taken several steps to make that possible for certain people." In 2015, an earlier iteration of HB282 passed the House but died in the Senate on the last day of the legislative session. And last year the bill passed both chambers but died in conference committee when the Legislature adjourned for the session. It eventually passed this year and was signed by Gov. Kay Ivey in May, with little fanfare. "We're real excited about that because of what it means to our people," Merrill said. "It gives our registrars clear definitions about what crimes are assigned the term moral turpitude. It enables a lack of need for individual interpretation for those people who are trying to determine what moral turpitude is:' Merrill said he would have to understand what exactly the CLC was 4 of7 GREEN 1W14/17, 2:33 pm Group seeks Federal court order reinstating some felons voter registr... lattp://www.alreporter.corn/2017/07/25/group-seeks-federal-court-ord... requesting in terms of an education campaign before he could make a decision on what to do, but said he didn't think there was a physical possibility that conviction eligibility requirements could be added to the paper registration form. "There's not really any room to put that on," Merrill said, noting that the back of the form was filled with mailing information for local Boards of Registrars where applicants send their forms. As for reinstating felons to the rolls whose registration was recently purged, Merrill said it was unlikely. "People who have been removed from the voter rolls have to follow a certain procedure in order to be readmitted to the voter rolls, and that requires registration," Merrill said. Alabama remains one of 12 states where convicted felons permanently lose their voting rights. But there have been several changes to felons' voting rights even aside from I-IB282. In 2016, the Legislature passed legislation that allows felons Who have finished their sentence and paid all fees and fines to apply for a Certificate .of Eligibility to regain their voting rights. Merrill backed that legislation, too. "We were trying to make sure that they could become more involved in their communities at a higher level in a faster way than they ever have before:' Merrill said. "Part of all of that is educating the public as well as these individuals who think they may have been disenfranchised, and in some instances have been disenfranchised, in order to ensure their participation at the level they desire if they're eligible." Lang and the CLC believe that recent legislation isn't enough. To them, it's nothing more than a "modern day poll tax:' 5 of 7 GREEN 8 14/17, 2:33 pm Group seeks Federal court order reinstating some felons' voter registr... http://www.alreporter.com/2017/07/25/group-seeks-federal-court-ord... "The right to vote now hinges on whether or not you can afford to pay;' Lang said. "You can have two people with the same conviction, with the same exact record. One has money, and one doesn't. One will be allowed to vote, and one won't." Critics have argued that felon disenfranchisement statutes across the country are the result of Jim Crow-era laws intended to prevent black people from voting. "It's done a good job of that so far:' Lang said. In Alabama, it's estimated that 15 percent of black people of voting age are not eligible to vote. Judge Watkins will hear the case Tuesday afternoon in Montgomery. He could give a partial ruling, take the requests under consideration until a later date or issue a full ruling. At a minimum, Lang said she hopes Watkins orders a notice to go on the Secretary of State's AlabamaVotes.gov website. But there are a number of elections just around the corner, including a special primary election for US Senate in less than three weeks. Lang and the CLC hope to have some of the issue clarified before then. Entait Chip Brownlee at cbrownlee@atreporter.com or follow him on Twitter. CATEGORIES: IN CASE YOU MISSED IT NEWS TAGS: ELECTIONS FELON DISENFRANCHISEMENT SECRETARY JOHN MERRILL SECRETARY OF STATE VOTING VOTING RIGHTS 6 of7 GREEN 9,Q 6/14/17, 2:33 PM Critics See Efforts by Counties and Towns to Purge Minority Voters... Th* tUijork Mules https://www.nytimes.com12016/08/01/us/critics-see-efforts-to-purge... https://nyti.ms/2arefrS ... U.S. Critics See Efforts by Counties and Towns to Purge Minority Voters From Rolls By MICHAEL WINES JULY 31, 2016 SPARTA,Ga. — When the deputy sheriff's patrol cruiser pulled up beside him as he walked down Broad Street at sunset last August, Martee Flournoy, a 32year-old black man, was both confused and rattled. He had reason: In this corner of rural Georgia, African-Americans are arrested at a rate far higher than that of whites. But the deputy had not come to arrest Mr. Flournoy. Rather, he had come to challenge Mr. Flournoy's right to vote. The majority-white Hancock County Board of Elections and Registration was systematically questioning the registrations of more than 180 black Sparta citizens — a fifth of the city's registered voters — by dispatching deputies with summonses commanding them to appear in person to prove their residence or lose their voting rights."When I read that letter, I was kind of nervous," Mr. Flournoy said in an interview."I didn't know what to do." of8 GREEN 91 bki 14i 17, 2:42 PM • Critics See Efforts by Counties and'Fawns to Purge Minority Voters... https://www.nytimes.com1201.6/08/01iusicrities-see-etiorts-to-purge... The board's aim,a lawsuit later claimed, was to give an edge to white candidates in Sparta's municipal elections — and that November, a white mayoral candidate won a narrow victory. "A lot of those people that was challenged probably didn't vote,even though they weren't proven to be wrong," said Marion Warren,a Sparta elections official who documented the purges and raised an alarm with votingrights advocates."People just do not understand why a sheriff is coming to their house to bring them a subpoena,especially if they haven't committed any crime." The county attorney, Barry A. Fleming,a Republican state representative,said in an interview that the elections board was only trying to restore order to an electoral process tainted earlier by corruption and incompetence. The lawsuit is overblown, he suggested, because only a fraction of the targeted voters were ultimately scratched from the rolls. "The allegations that people were denied the right to vote are the opposite of the truth," he said."This is probably more about politics and power than race." But the purge of Sparta voters is precisely the sort of electoral maneuver that once would have needed Justice Department approval before it could be put in effect. In Georgia and all or part of 14 other states, the 1965 Voting Rights Act required jurisdictions with histories of voter discrimination to receive so-called preclearance before changing the way voter registration and elections were conducted. Three years ago,the Supreme Court declared the preclearance mandate unconstitutional, saying the blatant discrimination it was meant to prevent was largely a thing of the past. 8 ARTICLES REMAINING 2 of8 SIGN UP Subscriber login GREEN t?, 14/17, 2:42 PM Critics See Efforts by Counties and Towns to Purge Minority Voters... https://www.nytitnes.com12016108/01/usferities-see-efforts-to-purge... from voting have been supplanted by a blizzard of more subtle changes. Most conspicuous have been state efforts like voter ID laws or cutbacks in early voting periods, which critics say disproportionately affect minorities and the poor. Less apparent, but often just as contentious, have been numerous voting changes enacted in counties and towns across the South and elsewhere around the country. They appear as Republican legislatures and election officials in the South and elsewhere have imposed statewide restrictions on voting that could depress turnout by minorities and other Democrat-leaning groups in a crucial presidential election year. Georgia and North Carolina,two states whose campaigns against so-called voter fraud have been cast by critics as aimed at black voters, could both be contested states in autumn's presidential election. Kristen Clarke,the president of the Lawyers'Committee for Civil Rights Under Law,a leading voting-rights advocacy group, said that before the Supreme Court's Shelby County ruling, discriminatory laws and procedures had been blocked by the preclearance provisions. Now,she said,"We're seeing widespread proliferation of these laws. And we are left only with the ability to mount slow,costly case-by-case challenges" to their legality. Conservative critics of the Voting Rights Act say that is as it should be — that the federal government has no business usurping the role of elections monitor that citizen advocates have long and effectively played in other states. "Now everyjurisdiction in the country must be treated equally in our courts when election issues are at stake," said Edward Blum,the director of the Project on Fair Representation, a nonprofit legal program. The local voting changes have often gone unnoticed and unchallenged. A ;lime svirtpv by thck NAACP LPval Dpfpnsp and F,dneational Fund fnrind that 8 ARTICLES REMAINING 3 of8 SIGN UP Subscriber login GREEN 9a 6/'4/17, 2:42 PM Critics See Efforts by Counties and Towns to Purge Minority Voters... https://www.nytinnes.corn/2016/08/01/us/critics-see-efforts-to-purge... six more redrew districts or changed election rules in ways that diluted minorities' votes. Alabama moved last year to close 31 driver's license offices, almost all in rural areas with large African-American populations, as a cost-saving measure. After lawsuit threats and complaints that the closings would severely curtail local voter registration, the state chose to open the offices at least one day a month. Gov. Robert J. Bentley, a Republican, has strongly denied that the closings were racially motivated. In Hernando County, Fla.; Cleveland and Watauga Counties in North Carolina; Baldwin County, Ala.; and elsewhere, elections officials eliminated or moved polling places in largely minority districts; a state court overturned the Watauga County closure. The Republican majority in North Carolina's General Assembly redrew the political districts last year in Wake County, whose main city is Raleigh, concentrating black voters in the city center into a single voting district.(A three-judge panel of the United States Court of Appeals for the Fourth Circuit ruled that map unconstitutional.)In Pasadena,Tex., officials eliminated two District Council seats in largely Hispanic areas in 2014 and replaced them with at-large seats chosen largely by white voters. Hispanic voters have filed a federal lawsuit seeking to undo the change. In Macon-Bibb County, Ga., in February,the elections board moved a polling place in a predominantly black neighborhood from a gymnasium that was being renovated to the county sheriffs office. Officials changed the location to a church after a petition drive legally forced a reversal. While those changes took place in states that once were wholly or partly under Justice Department supervision, other restrictions have been adopted hv mostly Rennhlican legislatures and election officials in states never cited 8 ARTICLES REMAINING 4 of 8 SIGN UP Subscriber login GREEN 9814/17, 2:42 PM Critics See Efforts by Counties and Towns to Purge Minority Voters.., littps://www.nytitnes.com/2016/08701/usicrities-see-efforts-to-purge... access to its polling places for Native Americans. The effect on voter turnout is impossible to measure, but Ms. Clarke of the Lawyers' Committee offers one barometer: So far in the 2016 primary election cycle, an election hotline run by the committee and others has fielded more than 22,000 questions and complaints from voters. That is more than 10 times the number received by this point in 2012, although those presidential primary contests were considerably less pitched than the current ones. Georgia has seen a litany of changes in — and challenges to — voting procedures since the Shelby County decision. A federal lawsuit accuses that state of illegally purging its voter rolls; in a recent two-year period, the 372,000 voters scrubbed from the rolls exceeded the number of new voters who were added. The chief elections official, Secretary of State Brian P. Kemp, has called the suit frivolous. Mr. Kemp,a Republican who has crusaded against what he called the threat of voter fraud, has investigated voter-registration drives by AsianAmerican and predominantly black groups. A 2014 criminal inquiry into a group that had registered 85,000 new voters, many ofthem minorities,found problems with only 25 of the registrants, and no charges were filed. Several counties have been sued over redistricting plans that dilute minority voting influence. But perhaps none of the battles is more striking than the one in Hancock County,about 100 miles southeast of Atlanta, where three in four ofthe roughly 10,000 residents are black. The racial divide here is deep and prolonged; the white mayor ofthe county seat, Sparta, made headlines in 1970 after responding to black citizens'school-desegregation protests by equipping 8 ARTICLES REMAINING 5 of 8 SIGN LIP Subscriber login GREEN 9 14/17, 2:42 PM Critics Sec Efforts by Counties and Towns to Purge Minority Voters... haps://www.nytimes.comi2016108101/usicritics-see-efforts-to-purge... authority to block measures that it said would weaken minority representation on the Sparta City Council, but political control of the county was frequently split. By last year, black politicians ran Sparta, a white majority controlled the Hancock County commission,and a furious contest was underway between black and white slates to control the next Sparta administration. The five-member Hancock County Board of Elections and Registration was controlled by three white members — the chairwoman,appointed by a local judge,and two members appointed by the Hancock County Republican Committee — one of whom,curiously, is a Democrat. According to documents filed in a federal lawsuit in nearby Macon,the board began taking steps last August that seemed destined to tilt the playing field to the white slate's advantage. The board first proposed to close all but one of the county's io polling places, a move the NA.A.C.P. and other minority advocates argued would disenfranchise rural blacks who could not travel long distances to vote. Board members eventually chose to eliminate just one predominantly black precinct. But around the same time,they began to winnow the county's roll of registered voters, ordering an aide to compare the registrants'stated addresses with those on their driver's licenses to spot voters who had moved after registering to vote. By October, a month before the city election, the board and a private citizen who appears to have worked with its white members had challenged the legality of 187 registered voters in Sparta. The board removed 53 of them, virtually all African-Americans — roughly one of every 20 voters. As a "courtesy," court papers state, county sheriffs deputies served summonses on the targeted voters, commanding them to defend themselves at election board meetings. 8 ARTICLES REMAINING 6 of8 SIGN UP Subscriber login GREEN 9 14/I7, 2:42 PM Critics See Efforts by Counties and Towns to Purge Minority Voters... https://www.nytimes.com/2016/08/01/us/critics-see-efforts-to-purge... "A lot of voters are actually calling to say they no longer wish to be on the list, so now we have people coming off the list who no longer want to vote," Tiffany Medlock,the elections supervisor for the Hancock County elections board, told a Macon television reporter in late September."It'll probably affect the City of Sparta's election in a major way." Mr. Warren, an African-American who is Sparta's elections registrar, bought a hand-held video camera and began videotaping the county elections board's meetings. His evidence helped lead the Georgia N.A.A.C.P., the Lawyers' Committee and other advocacy groups to sue the county elections board, demanding that voters struck from the rolls be restored unless the county could prove they were ineligible. A federal judge agreed. So far, 27 of Sparta's 53 disenfranchised voters have been reinstated; the rest have yet to be located. Hancock County officials insist they did nothing wrong. In depositions this summer,the three white elections board members said their purge of Sparta's voter rolls not only was correct, but that they would do it again. But Julie Houk,an attorney handling the case for the Lawyers' Committee,said the plaintiffs were determined to ensure that they do not. She said they plan to seek an injunction against future purges — and their lawsuit demands that the Justice Department reimpose preclearance reviews in the county until bias-free elections are a reality. Correction:August8,2016 An earlier version ofa photo caption with the article misidentified the status of the Hancock County Courthouse in Sparta, Ga.It is the current, not theformer, courthouse. Alain Delaqueriere contributed research. Find out what you need to know about the 2016 presidential race today, and get 8 SIGN UP ARTICLES REMAINING •• Itt I 7 of8 1.1 tly 111....C.1,411111 I CAI I 11V111. V ..../..11111 LOU ”..1 , I 1.•..”..1 1./1 Subscriber login . GREEN 97, a/14/17, 2:42 PM Message From: Sent: To: CC: Paoletta, Mark R. EOP/OVP [Mark.R.Paoletta@ovp.eop.gov] 7/5/2017 6:19:23 PM Importance: High Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.govb Morgan, Matthew E. EOP/OVP [Matthew.E.Morgan@ovp.eop.gov] Subject: Kobach draft follow up letter Attachments: draft follow up letter edited.docx PLEASE REVIEW ASAP MARK R. PAOLETTA Counsel to the Vice President 202 456 2734 (work) (cell) Mark.R.Paoletta@ovp.eop.gov [ EMBED Acrobat.Document.11 ] July 5, 2017 Dear [CHIEF ELECTION OFFICIAL] I have spoken with many of my fellow chief election officials who have raised questions or expressed concerns regarding my letter of June 28, 2017, which requests publicly available information on behalf of the bipartisan Presidential Advisory Commission on Election Integrity. First, I want to thank you for your dedication to our elections system. There will be numerous opportunities for you to participate in the Commission's work, and I appreciate the responses of many states that plan to provide their public registration data. I write today to allay any concerns regarding this request. Like you, I serve as the chief election official for my state. And like you, ensuring the privacy and security of any non-public voter information is a top priority. My letter only requested information that is available to the public under the laws of your state. Federal law requires states to maintain certain voter registration information and make it available to the public pursuant to the National Voter Registration Act and the Help America Vote Act. State laws differ regarding what specific voter roll information is publicly available, such as my State of Kansas' prohibition on releasing the last four digits of Social Security numbers. My letter only requested information states already provide to any other third-party who requests it through a public records request. The Commission will approach its work without preconceived notions or prejudgments. We are interested in gathering facts, and going where those facts lead. As part of that fact-gathering, the Commission seeks states' public voter registration data in order to analyze its accuracy and identify any irregularities, such as whether voters are registered in multiple states, ineligible voters are registered, or any other issues are affecting the integrity of the elections process. This type of analysis is not new. States routinely share voter roll information with each other in order to improve the accuracy of their voter rolls. In fact, 32 states currently share their voter registration data through the Interstate Voter Registration Crosscheck Program, which the Office of Secretary of State in Kansas has administered since 2005.[KOBACH TO CONFIRM]The Commission has an opportunity to enhance the data quality of such an analysis by utilizing publicly available information on voter rolls from all 50 states. I want to assure you the Commission will not publicly release any personally identifiable information regarding any individual voter or any group of voters. The Commission will make certain documents and reports public, but it will not identify any individual voter, or include any personally identifiable information regarding any voter, in any of the materials it makes public. Individuals' voter registration data will be kept confidential and secure throughout the duration of the Commission. Once the Commission's analysis is complete, the Commission will either return the data to the states, dispose of it as allowed by federal law, or maintain it as confidential. Once again, I look forward to working with you in the months ahead. Sincerely, Kris W. Kobach Vice Chair Presidentiai Advisory Commission on Eiection integrity Dear Mr. Secretary, Since the first time I heard the President was planning to establish an Election Integrity Commission, I wanted to be a part of it. As the voting rights statistician for the US Department of Justice with both a PH.D. and an M.S. in Applied Statistics and a B.A. in History, I have a unique combination of experience and education to support this commission. It was not until I heard that Christy McCormick was a part of the commission that I felt I had a viable path to coming on board. I have extensive experience with statewide voter files, census data and election data. This commission needs experienced and politically honest scientists, of which I am one. I am a veteran; I was in Iraq from 2003 to 2004 and served on active duty training other reservists to go to Iraq and Afghanistan from 2007 to 2010. During this time, I held a Secret clearance, which is now Inactive. Together this all shows that I am able to analyze all election related data, and find answers to complex questions, all while not discussing the details of my work with anyone. In light of my experience in voting rights statistics, my heart-felt concerns about voter fraud and the mission of the Election Integrity Commission, I believe I am uniquely qualified to support the commission with statistical analysis, advice and results. My resume is attached. I look forward to any opportunity to discuss any future position with you, Thank you, Benjamin A Overholt Ph.D. Dear Mr. Secretary, Since the first time I heard the President was planning to establish an Election Integrity Commission, I wanted to be a part of it. As the voting rights statistician for the US Department of Justice with both a PH.D. and an M.S. in Applied Statistics and a B.A. in History, I have a unique combination of experience and education to support this commission. It was not until I heard that Christy McCormick was a part of the commission that I felt I had a viable path to coming on board. I have extensive experience with statewide voter files, census data and election data. This commission needs experienced and politically honest scientists, of which I am one. I am a veteran; I was in Iraq from 2003 to 2004 and served on active duty training other reservists to go to Iraq and Afghanistan from 2007 to 2010. During this time, I held a Secret clearance, which is now Inactive. Together this all shows that I am able to analyze all election related data, and find answers to complex questions, all while not discussing the details of my work with anyone. In light of my experience in voting rights statistics, my heart-felt concerns about voter fraud and the mission of the Election Integrity Commission, I believe I am uniquely qualified to support the commission with statistical analysis, advice and results. My resume is attached. I look forward to any opportunity to discuss any future position with you, Thank you, Benjamin A Overholt Ph.D. Message Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov] 8/30/2017 1:13:25 PM cwlawson@sos.in.gov; 'Kris Kobach Christy McCormick Tar hodes [mrhodes@woodcountywv.com]; von Spakovsky, Hans cn=Recipients cn=spakoskyh]; Christian Adams [adams@electionlawcenter.com]; Alan L. King ]; matthew.dunlap@maine.gov; King, Alan [kinga@jccal.org] 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: letter from Vice Chair Kobach regarding submission of meeting materials Attachments: Vice Chair Kobach letter re meeting material deadline.pdf; Litigation Hold From: Sent: To: Dear Members, Please see the attached letter from Vice Chair Kobach regarding the submission of meeting materials for the September 12th meeting. Also, attached as a reminder is the litigation hold letter from August 7th. Please review this letter and ensure you are preserving materials accordingly. As always, if you have any questions, please let me know. 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 Presidential Advisory Commission on Election Integrity August 30, 2017 Dear Fellow Commissioners, I look forward to seeing you on September 12th in New Hampshire. Once again, I would like to thank 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 website by Monday, September 11th at 7:00 p.m. due to technical or other issues, will not be used at the September 12' meeting, so I encourage you to submit your materials by Friday, September 8', if possible. We also will ask presenters for the meeting to meet these same deadlines for their materials they intend to share with the Commission. 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. I look forward to a great meeting on September 12th. Sincerely, t'do°7 Kris W. Kobach Vice Chair Message From: Sent: To: Kossack, Andrew J. EOP/OVP [Andrew.J.Kossack@ovp.eop.gov] 8/7/2017 3:02:45 PM 'Kris Kobach I cwlawson@sos.in.gov; Mark Rhodes [mrhodes@woodcountywv.com]; von Spakovsky, Hans [/O=THF/OU=THFDC/cn=Recipients/cn=spakoskyh]; Christian Adams [adams@electionlawcenter.com]; Alan L. KinF 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: Litigation Hold Attachments: Commission Lit Hold Ltr FINAL (8-4-17).pdf; 1. Compl.pdf; Complaint.pdf; 33 - Second Amended Complaint.pdf; 1 Complaint.pdf; LDF-Complaint-071817.pdf; 1. Compl (002).pdf Importance: High Dear Members: Please see the attached litigation hold letter from our Department of Justice attorney. This letter details record retention requirements associated with the litigation pending against the Commission, so please review it carefully. The complaints from each of the pending lawsuits are also attached for your reference. If you have any questions, please let me know. Also, we are close to finalizing details for the September meeting. I will be back in touch soon with more information. As always, please call anytime if you have any questions or concerns. Thanks, Andrew Andrew J. Kossack Executive Director & Designated Federal Officer Presidential Advisory Commission on Election Integrity U.S. Department of Justice Civil Division Federal Programs Branch Mailing Address P.O. Box 883 Washington,D.C. 20044 Overnight Delivery Address 950 Pennsylvania Ave,N.W. Washington,D.C. 20530 Tel: (202)514-5302 Fax: (202)616-8470 Elizabeth J. Shapiro Deputy Director August 4,2017 LITIGATION HOLD NOTICE PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE ATTORNEY WORK PRODUCT Via Electronic Mail Andrew Kossack,Esq. Executive Director and Designated Federal Officer Presidential Advisory Commission on Election Integrity Re: Retention of Documents for Electronic Privacy Information Center v. PACEI, etal., Case No. 17-cv-1320(D.D.C.); American Civil Liberties Union, etal. v. Trump, etal., Case No. 17-cv-1351 (D.D.C.);Lawyers'Committeefor Civil Rights Under Law v. PACEI, et aL, Case No. 17-cv-1354(D.D.C.); Common Cause v. PA GEL etal., Case No. 17-cv1398(D.D.C.); Joyner, etal. v. PACE], etal., Case No. 17-cv-22568(S.D. Fla.); NAACP LegalDefense & EducationalFund,Inc., et al. v. Trump, et al., Case No. 17-cv-5427 (S.D.N.Y). Dear Andrew: As you are aware, several lawsuits have been filed in the United States District Courts for the District of Columbia, the Southern District of Florida, and the Southern District of New York against the Presidential Advisory Commission on Electoral Integrity ("PACEI" or "the Commission"), President Donald J. Trump, and Vice President Michael R. Pence raising statutory and constitutional challenges to actions taken by the Commission ("this litigation"). These suits allege that the Commission's collection of publicly available voter roll information violates the privacy rights of registered voters embodied in the Privacy Act, 5 U.S.C. § 552a, and the Fifth Amendment, and does not comply with the requirements ofthe Paperwork Reduction Act,44 U.S.C. § 3501, and the EGovernment Act of 2002,Pub. L. No. 107-347, 116 Stat. 2899. In addition, these suits allege that the Commission has not complied with the open meeting and public inspection provisions ofthe Federal Advisory Committee Act("FACA"),5 U.S.C. app. 2 § 10(a)-(c). Several suits also allege that the Commission's membership composition violates section 5 ofFACA because it is unfairly balanced in terms ofthe points of view represented and the functions to be performed. Copies ofthe complaints in all ofthe above-referenced cases are attached for additional context. You are receiving this letter because the Commission has been named as a defendant in these actions. Thus, it is possible that the Commission, including its members and staff, may have information that is potentially relevant to the above-referenced litigation. Potentially relevant information must be retained during the pendency ofthe litigation. Although the Court has already denied preliminary injunction motions in several ofthese cases, it does not diminish the need to preserve relevant documents for the duration ofthe litigation. We understand that the Commission is voluntarily complying with FACA and that its records have been and will be made available to the public pursuant to section 10(b). However,the duty to preserve documents for purposes of litigation is much broader than section 10(b)'s requirements—it extends to all documents that may be potentially relevant to a party's claim or defense. See Fed. R. Civ. P. 26(b)(1). To be sure, many ofthese materials fall within the scope ofthe Presidential Records Act,44 U.S.C. §§ 2201-07(2002)("PRA"), which requires personnel working on Commission-related matters, to preserve "records" that were "created or received by [individuals subject to the PRA],in the course of conducting activities which relate to or have an effect upon the carrying out ofthe constitutional, statutory, or other official or ceremonial duties ofthe President" and Vice President. Id. §§ 2201(2); 2207. There may also be additional materials potentially relevant to these matters that may not be located on PRA systems. These materials include communications and documents, such as e-mail sent and received by Commission members and staff on private electronic communication accounts(e.g. gmail.com or yahoo.com)or on state electronic communication systems if Commission members use those systems to conduct Commission business, as well as documents created or received by Commission members or staff that are stored on personal or state electronic systems. These materials also include, but are not limited to: photographs, message slips that do not record substantive messages; agency reports; and non-records, which include notes, drafts, and similar documents that, while created by Commission members or staff within the scope of their official duties, were not necessarily created or saved for the purpose of accurately documenting the activities or deliberations ofthe Commission, or were not shared with others. If these materials exist and are relevant to the above-referenced litigation, they must be preserved for litigation purposes. Accordingly, a litigation hold is needed to ensure that all relevant paper documents, e-mail communications, electronically-stored information including metadata, and any other relevant materials and data are preserved. We therefore request that the Commission and its members and staff who have potentially relevant information relating to the claims and defenses in the litigation be advised in writing of the requirement to preserve information and given guidance to preserve any and all materials potentially relevant to this litigation, including, but not limited to, the following: • the motivation and reasons for creating the Commission; • the Commission's establishment, including the appointment of its members; • the Commission's operation; Page 2 • the Commission's collection, dissemination, use, and storage of voter information; and • the Commission's work, including any documents, e-mails, electronically stored information, or tangible items created or received by the Commission's members in carrying out the Commission's mission regardless of whether those materials are disseminated to the Commission as a whole or considered to be subject to Section 10(b) ofFACA. We understand that presidential records, including electronic records, are automatically preserved. Nevertheless, if relevant to this litigation, as described above, we also request the suspension of any routine document retention/destruction policies and/or practices that may cause the deletion, overwriting, or destruction of potentially relevant materials, including ESI,that are not already preserved, including from the email systems and devices used by Commission members and staff. If relevant information exists from the Commission's staff who have already departed, that information must be preserved. Additionally, steps must continue to be taken to preserve relevant information when the Commission's staff depart the Commission or the Commission's members cease serving on the Commission. The determination of what information may be potentially relevant is based upon content and substance and generally does not depend on the type of medium on which the information exists. Relevant information may exist in various forms, including paper documents, hand-written notes, drafts, telephone log entries, email and other electronic communication (including text messages, social media postings, or voicemail), word processing and other electronic documents,including but not limited to drafts, spreadsheets, databases, calendars, telephone logs, or electronic address books. All ESI should be preserved in its originally created or "native" format, along with related metadata. When implementing this litigation hold, it is best to take affirmative steps to ensure that all affected Commission members and staff understand and comply with the hold and retain all potentially relevant information. Recipients of the litigation hold should be periodically reminded of their obligations to preserve potentially relevant information and arrangements should be made to ensure that potentially relevant information (paper and electronic) continues to be preserved even if an affected Commission member or staffer leaves the Commission. If any doubt exists as to whether particular information should be retained, please preserve the information until we have discussed. If the preservation of particular information imposes a substantial burden, please let us know. If you have any questions about the preservation of any information related to these matters, please contact me at the number above. We have reached out separately to the Office ofthe Vice President. Thank you for your continued partnership in addressing this important matter. Sincerely, Elizabeth J. Shapiro Enclosures Page 3 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN CIVIL LIBERTIES UNION,Inc., AMERICAN CIVIL LIBERTIES UNION FOUNDATION,Inc., 125 Broad Street, 18th Floor New York, NY 10004 Plaintiffs, v. DONALD TRUMP,in his official capacity as President ofthe United States, 1600 Pennsylvania Avenue NW Washington, DC 20500, MICHAEL PENCE,in his official capacity as Vice President ofthe United States and chair ofthe Presidential Advisory Commission on Election Integrity, 1 Observatory Circle NW Washington, DC 20008, PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY, an advisory committee commissioned by President Donald Trump, Eisenhower Executive Office Building 1650 Pennsylvania Avenue NW Washington, DC 20502 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. COMPLAINT FOR DECLARATORY AND MANDAMUS RELIEF Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation (together, the "ACLU") bring this action against Donald Trump, in his official capacity as President of the United States ("President Trump"), Michael Pence, in his official capacity as Vice President of the United States and chair of the Presidential Advisory Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 2 of 31 Commission on Election Integrity ("Vice President Pence"), and the Presidential Advisory Commission on Election Integrity ("Pence-Kobach Commission")(collectively, "Defendants"), seeking relief in the nature of mandamus compelling Defendants to comply with the nondiscretionary requirements of the Federal Advisory Committee Act("FACA"), 5 U.S.C. app. 2§§ 1-16, and a declaration that Defendants have violated FACA. Defendants have violated FACA in two respects. First, Vice President Pence and the Pence-Kobach Commission have already violated, and absent relief, will continue to violate the non-discretionary transparency and public access requirements of§ 10 ofFACA,5 U.S.C. app. 2 § 10. The Pence-Kobach Commission has already held its first meeting without public notice; without making that meeting open to the public; and without timely notice in the Federal Register, id. § 10(a). It has also failed to make any of its "records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by" the Pence-Kobach Commission "available for public inspection," id § 10(b). The second meeting of the Pence-Kobach Commission is now scheduled to take place in a building generally inaccessible to the public, and none of the documents already relied upon by the Commission have been made available to the public. Second, President Trump has violated requirements under § 5 of FACA,5 U.S.C. app. 2 § 5, that an advisory committee's membership be "fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee," id § 5(b)(2); and that "appropriate provisions" be made "to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment[,]" id. § 5(b)(3). The Pence-Kobach Commission's stated purpose is to "study the 2 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 3 of 31 registration and voting processes used in Federal elections" and "submit a report to the President" on related "laws, rules, policies, activities, strategies, and practices." Exec. Order No. 13,799, § 3, 82 Fed. Reg. 22389 (May 11, 2017). But, in fact, the Commission was established for the purpose of providing a veneer of legitimacy to President Trump's false claim that he won the popular vote in the 2016 election—once millions of supposedly illegal votes are subtracted from the count. That purpose is evident in the composition of the Commission, which is stacked with individuals who have endorsed the President's false statements about the popular vote, and the fact that no provisions whatsoever have been made to insulate the Commission's advice and recommendations from inappropriate influence by the person who appointed the Commission's members—i.e.,President Trump himself. THE PARTIES I. Plaintiff American Civil Liberties Union is a 501(c)(4) non-profit, nationwide, non-partisan membership organization with approximately 1.6 million members, many of whom are registered voters. The ACLU is dedicated to the principles of liberty and equality embodied in the Constitution and our nation's civil rights laws, including laws protecting access to the right to vote. 2. Plaintiff American Civil Liberties Union Foundation is a 501(c)(3) non-profit, nationwide, non-partisan organization with nearly 300 staff attorneys, thousands of volunteer attorneys, and offices throughout the nation. Since 1965, the ACLU,through its Voting Rights Project, has litigated hundreds of voting rights cases and has a direct interest in ensuring that all eligible citizens are able to access the franchise and are not removed from voter rolls, and in empowering those targeted by vote suppression. The ACLU regularly litigates cases in which government officials attempt to limit access to the franchise and keep eligible voters off the 3 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 4 of 31 registration rolls, and therefore has a direct interest in the purported purpose of the Presidential Advisory Commission on Election Integrity ("Pence-Kobach Commission"). 3. Defendant Donald Trump is the President of the United States. He is sued in his official capacity. In that capacity, he issued Executive Order 13,799 of May 11, 2017, establishing the Pence-Kobach Commission, and appoints the members of the Commission. 4. Defendant Michael Pence is the Vice President of the United States. He is sued in his official capacity. In that capacity, Vice President Pence is the chair of the Pence-Kobach Commission. 5. Defendant Presidential Advisory Commission on Election Integrity ("Pence- Kobach Commission") was established by President Trump pursuant to Executive Order 13,799, and is a presidential advisory committee. Exec. Order No. 13,799. JURISDICTION AND VENUE 6. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1361. Plaintiffs also seek relief pursuant to 28 U.S.C. §§ 2201 and 2202. 7. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(e). FACTS I. Statutory and Regulatory Framework 8. The Federal Advisory Committee Act ("FACA"), 5 U.S.C. app. 2 §§ 1-16, was enacted because of the congressional concern with the number and utility of advisory committees. Congress found, among other things, that committees "should be established only when they are determined to be essential" and that "Congress and the public" should be kept abreast of their activities. 5 U.S.C. app. 2 § 2(b). "FACA's principal purpose was to establish procedures aimed at enhancing public accountability of federal advisory committees." Cir.for 4 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 5 of 31 Law & Educ. v. U.S. Dep't ofEduc., 209 F. Supp. 2d 102, 113 (D.D.C. 2002), aff'd 396 F.3d 1152 (D.C. Cir. 2005); see also Food Chem. News, Inc. v. Davis, 378 F. Supp. 1048, 1051 (D.D.C. 1974)(purpose of FACA "to control the advisory committee process and to open to public scrutiny the manner in which government agencies obtain advice from private individuals"). 9. FACA applies to "any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof. . . established or utilized by the President . . . in the interest of obtaining advice or recommendations for the President," denominating such groups as "advisory committees." 5 U.S.C. app. 2 § 3(2). 10. Only those committees that are "composed wholly offull-time, or permanent part- time, officers or employees of the Federal Government" or "created by the National Academy of Sciences or the National Academy of Public Administration" fall outside the definition of "advisory committee" under the Act. 5 U.S.C. app. 2 § 3(2). And all of the provisions ofFACA apply to advisory committees except when an "Act of Congress establishing any such advisory committee specifically provides otherwise." 5 U.S.C. app. 2 § 4(a). 11. FACA requires that in establishing an advisory committee, the President "shall" followthe guidelines of the statute, 5 U.S.C. app. 2 § 5(c), including that the directive establishing the advisory committee must, among other things, "require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee" and "contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result ofthe advisory committee's independentjudgment." 5 U.S.C. app. 2 § 5(b)(2)-(3). 5 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 6 of 31 12. FACA demands transparency in the procedures and meetings of advisory committees. All advisory committee meetings must be open to the public and must be timely noticed in the Federal Register. 5 U.S.C. app. 2 § 10(a)(1)-(2). Interested members of the public must "be permitted to attend, appear before, or file statements with any advisory committee," subject only to "reasonable" regulations set by the Administrator of General Services. Id. § 10(a)(3). Although portions of meetings may be closed where the President determines that closure is provided for pursuant to 5 U.S.C. § 552b(c)(the federal Open Meetings statute), any such determination must be made in writing and set forth the reasons for the conclusion. 5 U.S.C. app. 2§ 10(d). 13. Advisory committee meetings must be noticed in the Federal Register at least fifteen days before the meeting is to be held. 41 C.F.R. § 102-3.150(a). 14. Each advisory committee meeting must be "held at a reasonable time and in a manner or place reasonably accessible to the public," and in a place sufficient to accommodate "a reasonable number ofinterested members ofthe public." 41 C.F.R. § 102-3.140(a)-(b). 15. If an advisory committee meeting is held via teleconference, videoconference, or other electronic medium, it still must be made accessible to the public. 41 C.F.R. § 102-3.140(e). 16. Subject to the provisions of the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports." 5 U.S.C. app. 2 § 10(b). 6 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 7 of 31 17. FACA mandates that "[d]etailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified to by the chairman ofthe advisory committee." 5 U.S.C. app. 2§ 10(c). 18. Advisory committees must make available copies of transcripts of advisory committee meetings to "any person" at only the "actual cost of duplication." 5 U.S.C. app. 2 § 11(a). 19. Each of the requirements of FACA is mandatory on the appointing authority, in this case, President Trump,and on the advisory committee itself. II. The Creation of the Pence-Kobach Commission A. Events Leading to the Creation ofthe Pence-Kobach Commission 20. Following the 2016 Presidential Election, the official results of the popular vote indicated that 65,853,516 votes were cast for Democratic nominee, Hillary Rodham Clinton, and 62,984,825 votes were cast for Republican nominee, Donald Trump, and the official results of the Electoral College indicated that 227 Electoral College votes were cast for Democratic nominee Hillary Rodham Clinton, and 304 Electoral College votes were cast for Republican nominee Donald Trump. Federal Election Commission ("FEC"), Official 2016 Presidential General Election Results (Jan. 30, 2017), available at https://transition.fec.gov/pubrec/ fe2016/2016presgeresults.pdf. 21. On November 20, 2016, President Elect Trump met with Kansas Secretary of State Kris Kobach, now vice-chair of the Pence-Kobach Commission. Outside that meeting, Secretary Kobach was photographed by the Associated Press with a document that appeared to 7 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 8 of 31 reference proposed amendments to the National Voter Registration Act, 52 U.S.C. §§ 20501511. See, e.g., Peter Hancock, Kobach Ordered To Turn Over Document He Used in Meeting with Trump, Lawrence J.-World (Apr. 5, 2017), http://www2.1jworld.com/news/2017/apr/ 05/kobach-ordered-turn-over-document-he-used-meeting-/; see also Order, Fish v. Kobach, No. 16-cv-2105-JAR-JP0 (D. Kan. Apr. 17, 2017)(ECF No. 320); Order, Fish v. Kobach, No. 16cv-2105-JAR-JP0(D. Kan. June 23,2017)(ECF No. 355). 22. On November 27, 2016, President Elect Trump tweeted, "In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally." See Donald Trump (®realDonaldTrump), Twitter (Nov. 27, 2016, 12:30 PM), https://twitter.com/realDonaldTrump/status/802972944532209664. 23. On November 30, 2016, Secretary Kobach, now vice-chair of the Pence-Kobach Commission stated,"I think the president-elect is absolutely correct when he says the number of illegal votes cast exceeds the popular vote margin between him and Hillary Clinton at this point." Hunter Woodall, Kris Kobach Agrees with Donald Trump that 'Millions' Voted Illegally But Offers No Evidence, Kan. City Star (Nov. 30, 2016), http://www.kansascity.com/news/politicsgovernment/article117957143.html [hereinafter Woodall, Kris Kobach Agrees with Donald Trump]. 24, President Trump has continued to assert, contrary to all available factual evidence and the findings of the FEC, that he won the popular vote. See, e.g., Charles Ventura, Trump Revives False Claim That Illegal Ballots Cost Him Popular Vote, USA Today (Jan. 23, 2017), haps://www.usatoday.com/story/news/politics/onpolitics/2017/01/23/president-trump-iIIegalballots-popular-vote-hillary-clinton/96976246/; Aaron Blake, Donald Trump Claims None of Those 3 to 5 Million Illegal Votes Were Cast for Him. Zero., Wash. Post (Jan. 26, 2017), 8 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 9 of 31 https://www.washingtonpost.com/news/the-fix/wp/2017/01/25/donald-trump-claims-none-ofthose-3-to-5-mi ion-i legal-votes-were-cast-for-him-zero/?tid=a_inl&utm_term=.1e862115ce52. 25. Indeed, President Trump's own legal team argued that "[a]ll available evidence suggests that the 2016 general election was not tainted by fraud or mistake." Donald J. Trump and Donald J. Trump for President, Inc.'s Objs. to Dr. Jill Stein's Recount Pet. at 2, In re Pet. for Recount for the Office of President of the United States of America (Mich. Bd. of State Canvassers Dec. 1, 2016), available at https://www.michigan.gov/documents/sos/ Objection_to_Recount_Petition_544089_7.pdf. 26. Vice President Pence attended and participated in the meeting with congressional leaders at which President Trump asserted he won the popular vote but for illegal voters. See The Latest: Trump Repeats Unproven Claim ofIllegal Votes, Associated Press (Jan. 24, 2017), https://www.apnews.com/2987214f67da4b2d8900bc995e864912. 27. On February 9, 2017, at a meeting with ten Senators on the Supreme Court nomination, President Trump asserted that he and former-Senator Kelly Ayotte would both have won New Hampshire but for "thousands' of people who were 'brought in on buses' from neighboring Massachusetts to 'illegally' vote in New Hampshire." Eli Stokols, Trump Brings up Vote Fraud Again, This Time in Meeting with Senators, Politico (Feb. 10, 2017), http://www.politico.com/story/2017/02/trump-voter-fraud-senators-meeting-234909. No factual evidence supports that assertion. B. Composition of the Pence-Kobach Commission 28. On May 11, 2017, President Trump issued Executive Order 13,799, establishing the Pence-Kobach Commission. The Executive Order provides that the Commission would be chaired by the Vice President, be composed of not more than fifteen additional members selected 9 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 10 of 31 by the President, and that the Vice President may select a vice chair from among the other members. Exec. Order No. 13,799, § 2. 29. The purported "[m]ission" of the Pence-Kobach Commission is to "study the registration and voting processes used in Federal elections." Exec. Order No. 13,799, § 3. The Commission is to "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 of the 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 the 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." Id. 30. The Executive Order does not contain any provisions that "assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority," 5 U.S.C. app. 2 § 5(b)(3), in this case, President Trump. See Exec. Order No. 13,799. 31. Also on May 11, 2017, President Trump named Secretary Kobach as Vice Chair of the Commission. Press Release, Office of the Press Secretary, President Announces Formation of Bipartisan Presidential Commission on Election Integrity (May 11, 2017), available at https://www.whitehouse.gov/the-press-office/2017/05/1 l/president-announces- formation-bipartisan-presidential-commission [hereinafter "Executive Order Release]. 32. Upon the issuance of the Executive Order, President Trump also named five additional members of the Pence-Kobach Commission: Connie Lawson, Secretary of State of Indiana, Bill Gardner, Secretary of State of New Hampshire; Matthew Dunlap, Secretary of State 10 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 11 of 31 of Maine; Ken Blackwell, Former Secretary of State of Ohio; and Christy McCormick, Commissioner, Election Assistance Commission. See Executive Order Release. 33. At least four out ofthese six initial appointees to the Commission have a record of making exaggerated and/or baseless claims about voter fraud, and/or have implemented or supported policies that have unlawfully disenfranchised voters. 34. Secretary Kobach has repeatedly made exaggerated claims about non-citizen voting. The United States Court of Appeals for the Tenth Circuit, in a decision finding that Secretary Kobach has engaged in the "mass denial of a fundamental constitutional right," because he disenfranchised 18,000 motor-voter applicants in Kansas, found that Secretary Kobach's assertions about widespread non-citizen voting were "pure speculation." Fish v. Kobach, 840 F.3d 710, 755 (10th Cir. 2016). In the same case, Secretary Kobach was recently sanctioned by the magistrate judge for "deceptive conduct and lack of candor," and for making "patently misleading representations to the court" about the document that he carried into his November 20, 2016 meeting with President-elect Trump. Fish v. Kobach, No. 16-cv-2105-JAR, 2017 WL 2719427, at *2-*3, *5(D. Kan. June 23, 2017). 35. When recently asked about his previous statements about Donald Trump winning the popular vote and the absence of evidence to support this claim, Secretary Kobach replied, "I guess it all depends on what you define as evidence." "Voting Commissioner Kris Kobach Defends U.S. Request For Voter Information," All Things Considered, Nat'l Pub. Radio (June 30, 2017), http://wvvw.npr.org/2017/06/30/535059231/voting-commissioner-kris-kobach- defends-u-s-request-for-voter-information. 36. Like Secretary Kobach, Commission member Ken Blackwell has made unfounded assertions about noncitizens voting. In response to President Trump's claims that he 11 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 12 of 31 had won the popular vote but for illegal votes, Mr. Blackwell penned a commentary asserting that Secretary Clinton received over 800,000 illegal votes from non-citizens, and based this claim on the work of Old Dominion University professor Jesse Richman. Ken Blackwell, Election Integrity Can't Wait, The Daily Caller (Feb. 7, 2017), http.//dailycaller.com/2017/02/07/electoral-integrity-cant-wait/. Professor Richman, however, disclaimed this use of his research, expressly stating that he has not done a study of the 2016 election. See Jesse Richman,"I Do Not Support the Washington Times Piece" (Jan. 27, 2017), https://fs.wp.odu.edu/jrichman/2017/01/27/i-do-not-support-the-washington-ti mes-piece/. Professor Richman has also expressly written, "My study DOES NOT support Trump's claim that millions of non-citizens voted in the 2016 election." Jesse Richman,"Why I Would Sign the 'Open Letter' If It Were True" (March 10, 2017), https.//fs.wp.odu.edu/jrichman/2017/03/10/why-i-would-sign-the-open-1etter-if-it-were-true/. 37. Like Secretary Kobach, Mr. Blackwell has unlawfully disenfranchised voters. As Secretary of State of Ohio, Mr. Blackwell announced on September 7, 2004, less than a month before the voter registration deadline for the 2004 general election, that voter registration forms would be processed only if they were printed on eighty-pound unwaxed white paper stock, specifying that complete voter registration forms from eligible voters that were printed on less heavy-weight paper would not be processed. See Ohio Secretary of State Directive, No, 200431, Section II (Sept. 7, 2004). The directive was later reversed. Regarding that same election, the Sixth Circuit Court of Appeals determined that another Directive from Mr. Blackwell violated the Help America Vote Act, denying provisional ballots to individuals clearly entitled to cast them under the law. Sandusky Cty. Democratic Party v. Blackwell, 387 F.3d 565, 574 (6th Cir. 2004). 12 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 13 of 31 38. Commission member Gardner has a similar record. Secretary Gardner has recently pushed for tightening access to the polls in New Hampshire, saying that the state has "drive-by voting." See Associated Press, N.H. Pub. Radio (Nov. 26, 2016), http://nhpr.org/post/republicans-looking-tighten-nh-election-laws#stream/0 39. Like Secretary Kobach, Secretary Gardner has been found by a court to have unlawfully disenfranchised voters in his State. The New Hampshire Supreme Court found that Gardner promulgated a voter registration form that was "confusing and inaccurate," and "could cause an otherwise qualified voter not to register to vote in New Hampshire." Guare v. New Hampshire, 167 N.H. 658, 665, 117 A.3d 731, 738 (2015). The Court concluded that, -as a matter oflaw, the burden it imposes upon the fundamental right to vote is unreasonable." Id. 40. Commission member McCormick has a similar record of supporting policies and practices that have disenfranchised voters. In litigation involving Vice Chair Kobach's efforts to require documentary proof of citizenship from individuals registering to vote with the federal voter registration form, EAC Commissioner McCormick attempted to reject the Department of Justice as counsel for the EAC and retain her own personal counsel, in order to file memoranda and declarations in support of Secretary Kobach's position in the case. See Docket, League of Women Voters v. Newby, No. 16-cv-236-RJL (D.D.C.). The D.C. Circuit later ruled that the documentation requirements favored by Secretary Kobach and Commissioner McCormick created "a substantial risk that citizens will be disenfranchised in the present federal election cycle[,]" and will "make it substantially more difficult for groups like the Leaguer of' Women Voters] to register otherwise qualified voters." League of Women Voters v. Neil'by, 838 F 3d 1. 12-13(D.C. Cir. 2016). 13 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 14 of 31 41. On June 21, 2017, President Trump named three additional Commission members: Luis Borunda, David K. Dunn, and Mark Rhodes. Press Release, Office of the Press Secretary, President Donald J. Trump Announces Intent to Nominate Personnel to Key Administration Posts (June 21, 2017), available at https://www.whitehouse.gov/the-pressoffice/2017/06/21/president-donald-j-trump-announces-intent-nominate-personnel-key. Two of these appointees have no experience with election administration. 42. Mark Rhodes is the county clerk of Wood County, West Virginia, a county with 56,105 registered voters. See W.V. Secretary of State, Voter Registration Totals, http://www.sos.wv.gov/elections/VoterRegistration/PagesNoter_Registration.aspx (last visited July 6, 2017). Upon his appointment, Clerk Rhodes stated that he was not sure why he was appointed to the Pence-Kobach Commission, and that he thought that West Virginia's Republican Secretary of State recommended him because Vice President Pence and Vice Chair Kobach were looking for a Democratic county clerk, and "there's not a whole lot of those in West Virginia." Kira Lerner, The White House's Voter Fraud Commission Is Starting To Take Shape, Think Progress (June 22, 2017), https://thinkprogress.org/fraud-commission-rhodesbf8cdO4daec4. 43. David K. Dunn was previously a member of the Arkansas House of Representatives. He does not have any experience in administering elections. Capitol Partners, hftp://www.capitolpartners.co/partners/ (last visited July 6, 2017). Upon his appointment, Mr. Dunn stated, "I don't know why this has fallen on my shoulders. . . I'm just a very small old country boy from Arkansas in this bigger commission with Vice President Pence, and I'm just going to do the best I can, to be honest." recommended him to the Commission. Arkansas's Republican Secretary of State Sam Levine, Some of Trump's New Election 14 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 15 of 31 Investigators Don't Seem To Have Much Election Experience, Huffington Post(June 22, 2017), available at http://www.huffingtonpost com/entry/trump-voter-fraud-commission_us_594c1068e 4b01cdedfD1e75e?3pa. 44. Luis Borunda is the Deputy Secretary of State of Maryland, a position that has no elections-related responsibilities. On July 3, 2017, Deputy Secretary Borunda resigned from the Pence-Kobach Commission. See Luke Broadwater,Maryland Official Resignsfrom Trump Voter Fraud Panel, Balt. Sun (July 3, 2017), http://wwvv.baltimoresun.com/news/maryland/politics/bsmd-bonmda-resigns-trump-20170703-story,amp.html. 45. On June 29, 2017, President Trump named Hans A. von Spakovsky as a member of the Pence-Kobach Commission. Press Release, Office of the Press Secretary, President Donald J. Trump Announces Key Additions to his Administration (June 29, 2017), available at haps://www.whitehouse.gov/the-press-office/2017/06/29/president-donald-j-trump-announceskey-additions-his-administration. 46. Mr. von Spakovsky has a long history of making baseless claims about voter fraud. See, e.g., Jane Mayer, The Voter-Fraud Myth, The New Yorker (Oct. 29-Nov. 5, 2012), http://www.newyorker.com/magazine/2012/10/29/the-voter-fraud-myth; Richard L. Hasen, The Voting Wars 62-64, 129 (Yale Univ. Press 2012). In response to President Trump's baseless claims that he had won the popular vote but for illegal votes, Mr. von Spakovsky wrote,"there is a real chance that significant numbers of noncitizens and others are indeed voting illegally." Hans A. von Spakovsky & John Fund,Do Illegal Votes Decide Elections?, Wall St. J.(Nov. 30, 2016), https://www.wsj.com/articles/do-i egal-votes-decide-elections-1480551000 15 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 16 of 31 C Offices and Logistics ofthe Pence-Kobach Commission 47. The office location and address of the Pence-Kobach Commission has not been made public. 48. The Pence-Kobach Commission's Designated Federal Officer is an Associate Counsel in the Office of the Vice President, which is an office within the Executive Office of the President. The offices of the Office of the Vice President are primarily located within the Eisenhower Executive Office Building("EEOB"). 49. The EEOB is not generally open to members of the public. In order to enter the EEOB,a visitor must have a set meeting with a particular person in the building, who must enter the full name, Social Security Number, date of birth, citizenship status, country of birth, gender, and city and state of residence of each visitor into the White House Worker and Visitor Entry System ("WA'VES"), maintained by the United States Secret Service, for review and approval prior to entry. 50. The names of the staff of the Pence-Kobach Commission have not been made public. The Commission is apparently staffed by employees of the Executive Office of the President. See Dave Boyer, Voter Fraud and Suppression Commission to Meet in July, Wash. Times (June 27, 2017), http://www.washingtontimes.com/news/2017/jun/27/voter-fraucl-andsuppression-commission-to-meet-in-/ [hereinafter Boyer, Voter Fraud and Suppression]. 51. On July 1, 2017, a reporter for ProPublica requested for, the fifth time, a full list of staff working for the Commission. On information and belief, she has still not received a response. III. Activities of the Pence-Kobach Commission 52. On June 28, 2017, Vice President Pence, as chair of the Pence-Kobach 16 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 17 of 31 Commission, held a telephonic meeting with the members of the Commission. See Press Release, Office of the Vice President, Readout of the Vice President's Call with the Presidential Advisory Commission on Election Integrity (June 28, 2017), available at haps://www.whitehouse.gov/the-press-office/2017/06/28/readout-vice-presidents-callpresidential-advisory-commission-election [hereinafter Pence Release]. 53. The meeting lasted for ninety minutes. See John DiStaso, NH Primary Source: Gardner Says Trump Election Integrity Commission Call "Couldn't Have Been Better", WMUR 9 ABC (June 29, 2017), http://www.wmurcom/article/gardner-says-trump-election-integritycommission-call-couldnt-have-been-better/10237642. 54. This meeting of the Pence-Kobach Commission was not noticed in the Federal Register nor was it held open to the public. Upon information and belief, the agenda for the June 28 meeting was not made available for public inspection and copying, nor were any of the documents provided to the members in relation to the meeting. The meeting was therefore unlawful. 55. The June 28 meeting was not merely an administrative or preparatory meeting. During that meeting, the Pence-Kobach Commission discussed substantive issues and made substantive decisions. It was not conducted solely to prepare for a future advisory committee meeting, to draft a position paper, or to discuss merely administrative matters. 56. During this unlawful telephonic meeting, Vice Chair Kobach told the members of the Commission that he was sending a letter "to the 50 states and District of Columbia on behalf of the Commission requesting publicly-available data from state voter rolls and feedback on how to improve election integrity." Pence Release. 17 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 18 of 31 57. During this unlawful meeting, the members of the Pence-Kobach Commission discussed issues of substance, including the potential number of double registrants and how to identify such registrations. Celeste Katz, Trump Election Integrity Commission Member: 'We Should Have Predicted' the Backlash, Mic (July 5, 2017), https://mic.com/articles/181510/ trump-election-integrity-commission-member-we-should-have-predicted-the-backlash#. FJyGiAIZO. 58. Subsequent to the unlawful meeting, Commission member Secretary Dunlap reported that during the meeting, in regard to sending such letters to the states, he had advised the Commission,"to be careful how you go at this because election officials are very sensitive guardians of this information, so you want to make sure you're asking for it, not demanding it, and that it really should only cover the information that is publicly available in your state." Sam Levine, Trump Voter Fraud Commission Was Cautioned About Seeking Sensitive Voter hfformation, Huffington Post (July 5, 2017), http://www.huffingtonpost.com/entry/trump-voterfraud-commission_us_595d511fe4b02e9bdb0a073d [hereinafter Levine, Commission Was Cautioned]. 59. At the unlawful meeting, the Commission reportedly deliberated and concluded that they did not need to review the language of the letters to the states because only Vice Chair Kobach would sign them. Levine, Commission Was Cautioned; see also Tal Kopan, PenceKobach Voting Commission Alarms States with Info Request, CNN (July 1, 2017), hftp://www.cnn.com/2017/06/30/politics/kris-kobach-voter-commission-rolls/index.html (citing statements from Commission member, Secretary Dunlap of Maine, and spokesperson for Vice President Pence, Marc Lotter). 18 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 19 of 31 60. Subsequent to the Commission's determination that the Commissioners did not need to review Vice Chair Kobach's letter, on June 28, 2017, Vice Chair Kobach sent a letter to the Secretary of State of each of the fifty states and to the District of Columbia requesting submission via e-mail or FTP site by July 14, 2017, of voter roll data, including "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 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." See, e.g., Letter from Kris Kobach to Elaine Marshall, North Carolina Secretary of State (June 28, 2017), https://assets.documentcloud.org/documents/3881856/Correspondence-PEIC-Letter-to-NorthCarolina.pdf; see also Pence Release; Brandon Carter, Trump Election Panel Asks All 50 States for Voter Roll Data, The Hill (June 29, 2017), http://thehill.com/homenews/ administration/340117-trump-election-integrity-commission-requests-years-of-voter-data-from. 61. Underscoring the need for public oversight, Vice Chair Kobach's request was of such public concern that officials in 48 states have partially or fully refused to comply with the request. See An Berman, Suppression Plans are Backfiring Badly, The Nation (July 5, 2017), https://www.thenation.com/article/the-trump-administrations-voter-suppression-plans-arebackfiring-badly/. 62. Cybersecurity experts have described the Commission's plans to aggregate this data as a "gold mine" for hackers. Eric Geller & Corey Bennett, Trump Voter-Fraud Panel's Data Request a Gold Mine for Hackers, Experts Warn, Politico (July 1, 2017), http://www.politico.com/story/2017/07/01/trump-voter-fraud-panel-hackers-240168. 19 Michael Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 20 of 31 Chertoff, the former Secretary of Homeland Security under President George W. Bush, has written an op-ed titled "Trump's Voter Data Request Poses an Unnoticed Danger," noting that "whatever the political, legal and constitutional issues raised by this data request, one issue has barely been part of the public discussion: national security." Michael Chertoff, Trump's Voter Data Request Poses an Unnoticed Danger, Wash. Post (July 5, 2017), https://www.washingtonpost.com/opinions/trumps-voter-data-request-poses-an-unnoticeddanger--to-national-security/2017/07/05/470efce0-60c9-11e7-8adc-fea80e32bf47_story.html? utm_term=.47ed19183852. 63. On July 5, 2017, a planned July 19, 2017 in-person meeting of the Pence-Kobach Commission was noticed in the Federal Register, 14 days prior to the scheduled meeting. The Presidential Commission on Election Integrity (PCEI); Upcoming Public Advisory Meeting, 82 Fed. Reg. 31063(July 5, 2017)[hereinafter Meeting Notice]. 64. The notice stated that the meeting would be held in the EEOB and would be available to the public only through an interne livestream. Meeting Notice, 82 Fed. Reg. 31063. 65. Notwithstanding the fact that the Commission has not yet had a lawful public meeting, its work has already begun. On July 5, 2017, Vice Chair Kobach publicly declared under penalty of perjury that "information [had been] provided to [him] in [his] official capacity as Vice Chair of the Commission." Decl. of Kris Kobach, Elec. Privacy Info. Ctr. v. Presidential Advisory Comm'n on Election Integrity, No. 17-cv-1320(CKK)(D.D.C. July 5, 2017), ECF No. 8-1 [hereinafter Kobach Declaration]. Vice Chair Kobach did not identify what information contained in his declaration was provided to him in his capacity as Co-Chair, nor did he identify who provided the information, or in what form 20 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 21 of 31 66. Also on July 5, 2017, spokesperson for Vice President Pence, Marc Lotter, stated that the Pence-Kobach Commission had already formulated plans for the voter data that it is collecting, explaining that the Commission intended to check the information contained in state voter rolls against data housed in various federal databases to identify supposedly ineligible registrants. That determination was made before any lawful meetings of the Pence-Kobach Commission had been held. Jessica Huseman, Election Experts See Flaws in Trump Voter Commission's Plan to Smoke Out Fraud,ProPublica (July 6, 2017), https://www.propublica.org/ article/election-experts-see-flaws-trump-voter-commissions-plan-to-smoke-out-fraud. Mr. Lotter would not specify which federal databases the Commission intended to use, but public reports from June 27, 2017 indicated that the Commission intended to compare state voter roll data against the federal database of non-citizens, which would lead to numerous false positive matches. Id. (citing Boyer, Voter Fraud and Suppression). 67. Election administration experts have stated that running such a comparison is certain to lead to numerous false positives due to minor inaccuracies on the voter rolls, inconsistencies in data collection and formatting, and the reality of common names and birthdays. See id.; Maggie Koerth-Baker, Trump's Voter Fraud Commission is Facing a Tough Data Challenge, FiveThirtyEight, July 7, 2017, https://fivethirtyeight.com/features/trumps-voterfraud-commission-is-facing-a-tough-data-challenge/. 68. Indeed, Secretary Kobach currently operates an "Interstate Crosscheck" system, which purports to compare voter registration files in multiple states to search for double voters. But a team of researchers from Stanford, Harvard, the University of Pennsylvania, and Microsoft concluded that, if Secretary Kobach's Crosscheck system were used for voter list maintenance in one state (Iowa), 99.5% of the purported matches would be false positives, such 21 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 22 of 31 that "200 legitimate voters may be impeded from voting for every double vote stopped." See Sharad Goel et al., One Person, One Vote: Estimating the Prevalence of Double Voting in U.S. Presidential Elections,(Jan. 13, 2017), https://5harad.com/papers/1plv.pdf. 69. On July 5, 2017, Plaintiffs requested that the Pence-Kobach Commission produce or make available for public inspection and copying all materials "which were made available to or prepared for or by" the Commission. As of the date of this Complaint, Plaintiffs have not received a response to this request. 70. FACA. Defendants continue to disclaim that the Pence-Kobach Commission is subject to Memorandum in Opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order at 12, Elec. Privacy Info. Ctr. v. Presidential Advisory Comm'n on Election Integrity, No. 17-cv-1320(CKK)(D.D.C. July 5, 2017),ECF No. 8. CLAIMS FOR RELIEF 71. District courts are authorized to issue relief in the nature of mandamus compelling federal officials to perform ministerial or nondiscretionary duties. 28 U.S.C. § 1361. Ministerial or nondiscretionary duties are those "so plainly prescribed as to be free from doubt and equivalent to a positive command." Wilbur v. United States ex rel. Kadrie, 281 U.S 206, 218 (1930). 72. All ofthe duties mandated by FACA,as described in paragraphs 12-13 and 16-18, above, are "equivalent to a positive command," each using the word "shall" to lay out a mandatory duty. Judicial Watch, Inc. v. Nat'l Energy Policy Dev. Grp., 219 F. Supp. 2d 20, 43 (D.D.C. 2002) ("by virtue of the use of the word shall, Congress has made [the duty] nondiscretionary"). 22 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 23 of 31 73. Where statutory duties are violated, courts may also act pursuant to the Declaratory Judgment Act as an alternative or in addition to granting mandamus relief Citizens for Responsibility & Ethics in Wash. v. Cheney, 593 F. Supp. 2d 194, 222(D.D.C. 2009). First Claim for Relief (For Relief in the Nature of Mandamus,as provided for by 28 U.S.C.§ 1361, Compelling Defendants Vice President Pence and the Pence-Kobach Commission to Comply with their Non-Discretionary Duties of Section 10 of FACA,5 U.S.C. app.2§ 10) 74. By holding a telephonic meeting of the Pence-Kobach Commission, without providing advance notice in the Federal Register, and by not holding the meeting open to the public or providing an option for public comment, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary openness requirements of § 10(a)(1)(3)of FACA. 75. By failing to create -[d]ctailed minutes- of the June 28, 2017 meeting of the Pence-Kobach Commission, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary openness requirements of§ 10(c) of FACA. 76. By failing to make available all "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by" the Pence-Kobach Commission for the June 28, 2017 meeting to the public for "inspection and copying at a single location" within the office of the Commission, including by failing to make public the location of the office of the Pence-Kobach Commission, and to the extent the Commission office is contained within the Office of the Vice President, by keeping the documents in an office largely closed to public access, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary openness requirements of§ 10(b)of FACA. 23 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 24 of 31 77. By failing to provide a transcript of the June 28, 2017 telephonic meeting of the Pence-Kobach Commission at the cost of duplication, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary requirements of§ 11(a) of FACA. 78. By failing to make available all "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by" the Pence-Kobach Commission since its inception, to the public for "inspection and copying at a single location" within the office of the Commission, including by failing to make public the location of the office of the Pence-Kobach Commission, and to the extent the Commission office is contained within the Office of the Vice President, by keeping the documents in an office largely closed to public access, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary openness requirements of § 10(b) of FACA. 79. By failing to make available the agenda and all documents made available to and/or prepared for or by the Pence-Kobach Commission members in advance of the July 19, 2017 meeting to the public for inspection and copying, including by failing to make public the location ofthe office ofthe Pence-Kobach Commission, and to the extent the Commission office is contained within the Office of the Vice President, by keeping the documents in an office largely closed to public access, the Vice President and the Pence-Kobach Commission have failed to carry out the non-discretionary openness requirements of§ 10(b)ofFACA. 80. By failing to make available all documents provided to Secretary Kobach in his "official capacity as Vice-Chair of the Commission," see Kobach Declaration ¶ 2, to the public for "inspection and copying at a single location" within the office of the Commission, the Vice 24 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 25 of 31 President and the Pence-Kobach Commission have failed to can-y out the non-discretionary openness requirements of§ 10(b)of FACA. 81. By holding the July 19 meeting of the Pence-Kobach Commission in a building that is closed to the public without advanced screening and by not permitting the public to physically access the July 19 meeting of the Pence-Kobach Commission, the Vice-President and the Pence-Kobach Commission have failed to carry out the non-discretionary open meeting requirement of§ 10(a)(1)of FACA. Second Claim for Relief (For Relief in the Nature of Mandamus,as provided for by 28 U.S.C.§ 1361, Compelling Defendant President Trump to Comply with his Non-Discretionary Duties of Section 5 of FACA,5 U.S.C. app.2§ 5) 82. In stacking the Commission with individuals who have already publicly supported President Trump's false statements regarding purported illegal voting, demonstrating the PenceKobach Commission membership is predisposed to a particular conclusion without yet having done the work to study the issues as contemplated in the Executive Order, and purportedly balancing them with members with little or no experience, President Trump has not "require[d] the membership of the advisory committee. . . be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee," which is a nondiscretionary duty under FACA. 5 U.S.C. app. 2 § 5(b)(2). 83. In appointing Secretary of State Kobach, who publicly affirmed President Trump's claims of voter fraud without evidence, as co-chair of the Commission, President Trump has not made "appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority" which is a non-discretionary duty under FACA. 5 U.S.C. app. 2§ 5(b)(3). 25 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 26 of 31 84. In appointing members von Spakovsky, Blackwell, Gardner, and McCormick, President Trump has not made "appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority," which is a non-discretionary duty under FACA. 5 U.S.C. app. 2 § 5(b)(3). Commissioners von Spakovsky and Blackwell have each publicly affirmed the existence of massive numbers of"illegal votes," in line with the narrative of President Trump in the creation of the Pence-Kobach Commission. Commissioner Gardner has likewise made unfounded claims about illegal voting, and Commissioner McCormick has supported policies and practices that have disenfranchised voters. Third Claim for Relief (For Declaratory Judgment,as provided for by 28 U.S.C.§ 2201-02, that Defendants Are in Violation of FACA,5 U.S.C.§§ 5, 10) 85. All meetings of the Pence-Kobach Commission, including those conducted through an electronic medium, must be open to the public; by conducting a telephonic meeting on June 28, 2017, without public access, Vice President Pence and the Pence-Kobach Commission violated § 10(a)(1),(3)ofFACA. 86. All meetings of the Pence-Kobach Commission must be noticed in advance in the Federal Register; by conducting a telephonic meeting on June 28, 2017, without public access, Vice President Pence and the Pence-Kobach Commission violated § 10(a)(2) ofFACA. 87. By failing to create "[d]etailed minutes" of the June 28, 2017 meeting of the Pence-Kobach Commission, the Vice President and the Pence-Kobach Commission violated § 10(c) of FACA. 88. By failing to make available all "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made 26 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 27 of 31 available to or prepared for or by" the Pence-Kobach Commission—including those documents related to the June 28, 2017 telephonic meeting, related to the planned July 19, 2017 meeting, made available to Vice Chair Kobach in his "official capacity as Vice-Chair ofthe Commission," and all other Commission documents—to the public for "inspection and copying at a single location" within the office of the Commission, including by failing to make public the location of the office of the Pence-Kobach Commission, and to the extent the Commission office is contained within the Office of the Vice President, by keeping the documents in an office largely closed to public access, the Vice President and the Pence-Kobach Commission violate § 10(b) of FACA. 89. By not permitting the public to physically access the July 19 meeting of the Pence-Kobach Commission, and ensuring this is the case by holding the July 19 meeting of the Pence-Kobach Commission in a building that is closed to the public without advanced screening and notice of individual attendance, the Vice-President and the Pence-Kobach Commission violate § 10(a)(1) ofFACA. 90. By appointing commissioners who have already publicly supported President Trump's conclusion regarding purported illegal voting, demonstrating the Pence-Kobach Commission membership is predisposed to a particular conclusion without yet having done the work to study the issues as contemplated in the Executive Order, and purportedly balancing them with members having little or no experience or knowledge about the subject matter, and who have never held similarly high political offices, President Trump has not "require[d] the membership of the advisory committee be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee," in violation of § 5(b)(2). 27 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 28 of 31 91. By failing to make any "appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independentjudgment," President Trump has violated § 5(b)(3)ofFACA. 92. Plaintiffs are entitled to a declaration under 28 U.S.C. § 2201 that the foregoing conduct violates FACA. REQUEST FOR RELIEF WHEREFORE,Plaintiffs respectfully request that this Court: (1) Grant relief in the nature of mandamus compelling Defendants to perform all nondiscretionary duties required by FACA,including: a. requiring that Vice President Pence and the Pence-Kobach Commission hold all meetings of the Commission, including meetings conducted by telephone or other electronic medium, open to the public. 5 U.S.C. app. 2 § 10(a)(1); b. requiring that Vice President Pence and the Pence-Kobach Commission publish timely notice in the Federal Register of every meeting of the Pence-Kobach Commission. 5 U.S.C. app. 2 § 10(a)(2); c. requiring that the Pence-Kobach Commission keep "[d letailed minutes" of each meeting. 5 U.S.C. app. 2 § 10(c); d. requiring that "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by [the Pence-Kobach Commission] shall be available for public inspection and copying." 5 U.S.C. app. 2 § 10(b); 28 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 29 of 31 e. requiring that the Pence-Kobach Commission "make available to any person, at actual cost of duplication, copies of transcripts" of each meeting and proceeding. 5 U.S.C. app. 2 § 11(a); f. requiring that President Trump "require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee." 5 U.S.C. app. 2 § 5(b)(2); g. requiring that President Trump make "appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment." 5 U.S.C. app. 2 § 5(b)(3). (2) Declare that the Defendants have violated §§ 5 and 10 ofFACA,including: a. that Vice President Pence and the Pence-Kobach Commission violated § 10(a)(1), (3) of FACA by holding the June 28, 2017 meeting of the Pence-Kobach Commission; b. that Vice President Pence and the Pence-Kobach Commission violated § 10(a)(2) of FACA by holding the June 28, 2017 meeting of the Pence-Kobach Commission without first publishing advance notice in the Federal Register; c. that the Vice President and the Pence-Kobach Commission violated § 10(c) of FACA by failing to create "detailed minutes" of the June 28, 2017 meeting of the Pence-Kobach Commission; d that the Vice President and the Pence-Kobach Commission violate § I0(b) of FACA by failing to make available all the Pence-Kobach Commission 29 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 30 of 31 documents—including those documents related to the June 28, 2017 telephonic meeting, related to the planned July 19, 2017 meeting, made available to Vice Chair Kobach in his "official capacity as Vice-Chair of the Commission," and all other Commission documents—to the public for "inspection and copying at a single location" within the office ofthe Commission, including by failing to make public the location of the office of the Pence-Kobach Commission, and to the extent the Commission office is contained within the Office of the Vice President, by keeping the documents in an office largely closed to public access; e. that the Vice-President and the Pence-Kobach Commission violate § 10(a)(1) of FACA by not permitting the public to physically access the July 19 meeting ofthe Pence-Kobach Commission, and ensuring this is the case by holding the July 19 meeting of the Pence-Kobach Commission in a building that is closed to the public without advanced screening and notice ofindividual attendance; f. that President Trump has violated § 5(b)(2) of FACA by failing to "require the membership of the advisory committee . . . be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee;" and g. that President Trump has violated § 5(b)(3) of FACA by not making any provision "to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment 30 Case 1:17-cv-01351 Document 1 Filed 07/10/17 Page 31 of 31 (3) Grant any other relief, including injunctive relief, that the Court may deem just and proper. Respectfully submitted, Is/Dale E. Ho Dale E. Ho(D.C. Bar No. NY0142) Theresa J. Lee** Sophia Lin Lakin** American Civil Liberties Union Foundation, Inc. 125 Broad Street, 18th Floor New York,NY 10004 Tel.: 212.549.2686 dho@aclu.org tlee@aclu.org slaldn@aclu.org **pro hoc vice application forthcoming Arthur B. Spitzer(D.C. Bar No. 235960) American Civil Liberties Union Foundation ofthe District of Columbia 4301 Connecticut Avenue, N.W., Suite 434 Washington,DC 20008 Tel.: 202-457-0800 aspitzer@acludc.org Dated: July 10, 2017 31 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMON CAUSE 805 15th Street N.W. Washington, D.C. 20005, Case No. VS. PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20405, and U.S. DEPARTMENT OF HOMELAND SECURITY 245 Murray Lane, S.W. Washington, D.C. 20528, and U.S. SOCIAL SECURITY ADMINISTRATION 6401 Security Boulevard Baltimore, MD 21235, Defendants. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Plaintiff, Common Cause, hereby sues Defendants,Presidential Advisory Commission on Election Integrity("PACEI" or the "Commission"),the U.S. Department of Homeland Security("DHS"), and the U.S. Social Security Administration("SSA"), and alleges as follows. Introduction 1. This is an action under the Privacy Act of 1974, 5 U.S.C. § 55240(7), and the Administrative Procedure Act(APA),5 U.S.C. § 706, to halt the unlawful collection, Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 2 of 22 maintenance, use, and dissemination ofthe sensitive and personal voting data of millions of Americans by the Commission. 2. In the wake ofthe Watergate scandal and revelations that the White House had compiled information on individuals with opposing political viewpoints, Congress passed the Privacy Act to regulate the collection, maintenance, use, and dissemination of sensitive personal information by federal agencies. Among other safeguards, the Act proscribes the collection ofinformation that "describ[es] how any individual exercises rights guaranteed by the First Amendment." 5 U.S.C. § 552a(e)(7). 3. After campaigning on unsubstantiated claims of voter fraud and rigged elections, President Donald J. Trump asserted that he"won the popular vote if you deduct the millions of people who voted illegally." Within days of his inauguration, President Trump called for "a major investigation into VOTER FRAUD." 4. The Commission was created with the aim of examining this purported voter fraud and has opened a broad and unprecedented investigation into Americans' voting habits and political affiliations. The Commission's first project is to assemble a national voter file and compare this information to data sets maintained by other federal agencies (including the Department of Homeland Security and the Social Security Administration) in order to discover the names ofindividuals that it believes are ineligible to vote. To carry out this review, it initially gave all 50 states and the District of Columbia a deadline of July 14, 2017 to comply with a sweeping request for their residents' voting and other personal data, including information regarding the quintessentially First Amendmentprotected activities of voting history and party affiliation. 2 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 3 of 22 5. The Commission initially sought to have states upload the voting data to a Department of Defense website, from which the data would then be transferred to White House computers. But after the Court in a separate lawsuit filed against the Commission inquired of the Government if the Department of Defense should be joined as a defendant, the Commission abruptly shifted course to "repurpos[e]" a computer system within the White House's Information Technology "enterprise" to collect, maintain, and use the data. See Elect. Privacy Info. Ctr. v. Presidential Advisory Comm 'n on Election Integrity, No. 1:17-cv-1320(CKK)(D.D.C.)(EPIC lawsuit). And when asked by the Court to describe the involvement of other federal agencies in this enterprise, the Government stated that the "mechanics" of it were "something that may not be appropriate to say in a public setting." See id. 6 The Privacy Act's protections—designed to curb this veiy type of encroachment on citizens' First Amendment activities by an earlier White House—cannot be so circumvented. The Commission's collection, maintenance, and use of this data in cooperation with DHS and SSA, among other federal agencies either within or outside the White House,' violates both the Privacy Act and the APA. Plaintiff therefore seeks to enjoin Defendants from collecting, maintaining, using, or disseminating this data and to destroy or return any such data that has already been collected and is being maintained in violation of the law. 1 Plaintiff intends to seek discoveiy from the federal defendants and third-panics, if necessary, to determine whether additional agencies should be added as defendants based on their activities with regard to the electronic databases described herein. Balky U.S. Marshal Serv., 584 F. Supp. 2d 128, 134(D.D.C. 2008)("Mt is generally proper to allow discovery to determine the identity of unknown defendants."). 3 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 4 of 22 Parties 7. Plaintiff, Common Cause, is a nonprofit corporation organized and existing under the laws ofthe District of Columbia. Common Cause is one ofthe nation's leading democracy reform organizations and has over 900,000 members nationwide. Common Cause also has a strong presence in 30 states, with either staff or volunteer boards. Since its founding in 1970, Common Cause has been dedicated to the promotion and protection ofthe democratic process, such as the right of all citizens, including its eligible members, to be registered for and vote in fair, open, and honest elections. Common Cause brings this action on behalf of itself and its members. 8. Common Cause conducts significant nonpartisan voter-protection, advocacy, education, and outreach activities to ensure that voters are registered to vote and have their ballots counted as cast. Common Cause also advocates for policies, practices, and legislation — such as automatic and same-day registration — that facilitate voting for eligible voters and ensure against disenfranchisement. Common Cause opposes efforts that burden registration and/or voting, including restrictive voter identification laws, partisan gerrymandering, and any other effort that could potentially chill citizens' rights to register or stay registered. Common Cause advocates the safeguarding of personal information, in keeping with the dictates of both state and federal law. 9. Common Cause and its members have been and will be injured by the Defendants' activities, including the efforts to obtain personal and private information regarding voter affiliation, vote history, and other related details. Common Cause has already expended stafftime and resources to engage in non-litigation related outreach and communications efforts to oppose the impermissible collection of voter information as 4 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 5 of 22 sought by the Commission, diverting resources from its core activities. These expenditures are aimed at counteracting the harm that the Commission's impermissible attempt to collect voter information will cause to Common Cause's mission of encouraging and facilitating voter participation and engagement. 10. The Commission's attempt to collect voter information will also harm Common Cause's and its members' efforts to encourage voter registration and participation. For voters and prospective voters facing political polarization, the threat that the federal government will monitor their electoral participation and even their party affiliations is deeply troubling and has deterred and will continue to deter the exercise of their First Amendment-protected rights to express their views through the ballot box. Further, the Commission's effort to collect voter information may cause registrants and voters, including Common Cause members,to cancel their registration status(as has already occurred in Florida and Colorado) or forgo registering and voting altogether. Such actions would directly undo the work to which Common Cause has devoted itself over the past few decades and would limit voter engagement and participation in our democracy. 11. Defendant PACEI is a federal agency within the meaning of5 U.S.C. § 552a(a)(1) and 5 U.S.C. § 551(1)that is headquartered in Washington, D.C. 12. Defendant U.S. Department of Homeland Security is a federal agency within the meaning of 5 U.S.C. § 552a(a)(1)and 5 U.S.C. § 551(1)that is headquartered in Washington, D.C. 5 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 6 of 22 13. Defendant U.S. Social Security Administration is a federal agency within the meaning of 5 U.S.C. § 552a(a)(1)and 5 U.S.C. § 551(1)that is headquartered in Baltimore, MD. Jurisdiction and Venue 14. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331, because this action arises under federal law, specifically the Privacy Act, 5 U.S.C. § 552a(e)(7), and the APA,5 U.S.C. §§ 701-706. 15. Venue is proper in this district pursuant to 28 U.S.C. § 1391(e), because at least one of Defendants is headquartered in Washington, D.C. and a substantial part ofthe events or omissions giving rise to Plaintiff's claims occurred here. Factual Allegations Candidate Donald J. Trump's Repeated, Unsubstantiated Claims of Voter Fraud 16. Prior to his election, then-presidential candidate Donald J. Trump repeatedly made unsubstantiated assertions of voter fraud. 17. On October 10, 2016, Candidate Trump tweeted that,"Of course there is large scale voter fraud happening on and before election day." OrealDonaldTrump, Twitter (Oct 10, 2016, 8:33 AM),available at https://twitter.com/realdonaldtrump/ status/787995025527410688?lang=en. 18. On October 17, 2016, candidate Trump told supporters at a campaign rally in Wisconsin that"voter fraud is very, very common," including voting by "people that have died 10 years ago" and "illegal immigrants." C-SPAN,Donald Trump Campaign Event in Green Bay, Wisconsin(Oct. 17, 2016),available at https://www.c-span.org/ video/?417019-1/donald-trump-campaigns-green-bay-wisconsin. 6 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 7 of 22 19 On November 8, 2016, Donald J. Trump was elected as the forty-fifth president of the United States. 20. On November 27, 2016, president-elect Trump tweeted that,"In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally." @realDonaldTrump, Twitter(Nov. 27, 2016, 3:30 PM),available at https://twitter.com/realdonaldtrump/status/ 802972944532209664. 21. Three days later, Kansas Secretary of State Kris W.Kobach echoed the president- elect's assertion, telling reporters that,"I think the president-elect is absolutely correct when he says the number of illegal votes cast exceeds the popular vote margin between him and Hillary Clinton." Hunter Woodall, Kris Kobach Agrees With Donald Trump That Millions' Voted Illegally But Offers No Evidence, Kansas City Star(Nov. 30, 2016), available at http://www.kansascity.com/news/politics-government/ article117957143.html. 22. Asked in a televised interview on December 2, 2016 about president-elect Trump's claim that "millions of people voted illegally," Trump senior adviser Kellyanne Conway said that she has "been receiving information about the irregularities and about the illegal votes, particularly from sources, officials like Kris Kobach." Emily Shapiro,Kellyanne Conway Dodges Question on Trump's Claim That Millions' Voted Illegally, ABC News(Dec. 2, 2016), available at http://abcnews.go.com/Politics/ kellyanne-conway-dodges-question-trumps-claim-millions-voted/story?id=43924056. Creation ofthe Presidential Advisory Commission on Election Integrity 7 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 8 of 22 23. On January 20, 2017,Donald J. Trump was inaugurated as President of the United States. 24. Five days later, President Trump tweeted on his official Twitter account:"I will be asking for a major investigation into VOTER FRAUD,including those registered to vote in two states, those who are illegal and even,those registered to vote who are dead (and many for a long time). Depending on results, we will strengthen up voting procedures!" @realDonaldTrump, Twitter(Jan. 25, 2017, 7:10 AM and 7:13 AM), available at https://twitter.com/realDonaldTrump/status/824227824903090176 and https://twitter.com/realdonaldtrump/status/824228768227217408?lang=en. 25. In a televised interview on January 25, 2017,President Trump reiterated his claims that allegedly fraudulent votes were cast for his opponent: "We're gonna launch an investigation to find out. And then the next time—and I will say this, of those votes cast, none of'em come to me. None of'em come to me. They would all be for the other side. None of'ern come to me. But when you look at the people that are registered dead, illegal and two states and some cases maybe three states—we have a lot to look into." He vowed to "make sure it doesn't happen again." TRANSCRIPT:ABC News anchor David Muir interviews President Trump, ABC News(Jan. 25, 2017),available at http:// abcnews.go.com/Politics/transcript-abc-news-anchor-david-muir-interviewspresident/story?id=45047602. 26. That same day, CNN reported that according to a senior administration official, "President Donald Trump could sign an executive order or presidential memorandum initiating an investigation into voter fraud as early as Thursday." Dan Merica, Eric Bradner, and Jim Acosta, Trump considers executive order on voterfraud, CNN(Jan. 25, 8 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 9 of 22 2017), available at http.//www.cnn.com/2017/01/25/politics/trump-calls-for-majorinvestigation-into-voter-fraud/index.html. The official further informed CNN that "[1}he investigation would be carried out through the Department of Justice." Id. 27. On May 11, 2017, the White House issued Executive Order No. 13,799 establishing the Commission, which President Trump has described as a"Voter Fraud Panel." See Executive Order No. 13,799, 82 Fed. Reg. 22389(May 11, 2017); @realDonaldTrump, Twitter(July 1, 2017, 9:07 AM)available at https://twitter.com/ realdonaldtrump/status/881137079958241280. 28. The Commission's stated "mission" is studying,"consistent with applicable law," the "registration and voting processes used in Federal elections." Id 29. The Commission is chaired by Vice President Michael Pence and is to be composed of up to 15 additional members having knowledge and experience in "elections, election management, election fraud detection and voter integrity efforts" or having "knowledge or experience that the President determines to be of value to the Commission."Id. 30. On the same day that the Commission was established, Kansas Secretary of State Kobach was appointed as a member and Vice Chair. Kobach is the only Secretary of State in the nation with the power to prosecute voter fraud directly. See Interview ofKris W. Kobach on Fox News Channel(May 11, 2017), available at https://www.youtube. com/watch?v=Fm0MjHmYSJU. 31. The Commission presently has ten additional members, consisting of a current member ofthe United States Elections Assistance Commission, present and former state 9 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 10 of 22 officials, and an employee of the Heritage Foundation. It will also have a staff of approximately three full-time equivalent employees. 32. The Executive Order directs "relevant" executive departments and agencies to "endeavor to cooperate with the Commission." Executive Order No. 13799,82 Fed. Reg. 22389(May 11, 2017). 33. The Commission's estimated annual operating costs for Fiscal Years 2017 and 2018 are approximately $250,000. 34. Consistent with President Trump's description ofthe Commission as a voter fraud panel, Kobach has described the Commission's focus as "voter fraud more broadly, all forms of it," see Gary Moore, Tucker Carlson: Kris Kobach - Trump Executive Order Creates Voter Fraud Commission: 5/11/2017, YouTube(May 11, 2017), available at https://www.youtube.com/watch?v=Fm0MjHmYSJU, and has explained that the Commission's"goal is to, for the first time, have a nationwide fact-finding effort, to see what evidence there is of different forms of voter fraud across the country." See Transcript ofInterview ofKris W. Kobach on New Day, CNN(May 15, 2017), available at http://vvww.cnn.com/TRANSCRIPTS/1705/15/nday.06.html. 35. Asked how the Commission would prove President Trump's unsubstantiated claims of widespread voter fraud, Kobach explained that,"The federal government has a database of every known alien who has a greencard or a temporary visa. States have in the past asked,'can we please run our voter rolls against that database, and see if any of those aliens are on our voter rolls?' The federal government has always said no. Well, now we're going to be able to run that database against one or two states and see how many people are known aliens residing in the United States and also on the voter rolls." 10 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 11 of 22 Gary Moore, Tucker Carlson: Kris Kobach - Trump Executive Order Creates Voter Fraud Commission: 5/11/2017, YouTube(May 11, 2017),available at https://www. youtube.com/watch?v=Fm0MjHmYSJU. 36. Describing in further detail which other agencies' data the Commission would be working with on its voter fraud investigation, Kobach explained that"what we'll be doing is for the first time in our country's history, we'll be gathering data from all 50 states and we'll be using the federal government's databases which can been very valuable. The Social Security Administration has data on people when they pass away. The Department of Homeland Security knows ofthe millions of aliens who are in the United States legally and that data that's never been bounced against the state's voter rolls to see whether these people are registered." Kobach talks goals ofnew voterfraud commission, Fox News, Sunday Morning Futures(May 14, 2017),available at http:// www.foxnews.com/transcript/2017/05/14/kobach-talks-goals-new-voter-fraudcommission-commerce-secretary-on-nkorea-missile-test-china-trade-deal.html. The Commission's Sweeping and Unprecedented Requestfor Personal and Voter Data 37. Despite the Executive Order's directive that the Commission hold public meetings, it convened as a group for the first time on June 28, 2017 without any prior public notice. A brief"readout" ofthe meeting supplied by the White House later that day stated Kobach had informed the other commissioners that a letter would be sent to all 50 states and the District of Columbia requesting data from state voter rolls. See Press Release, The White House, Readout ofthe Vice President's Call with the Presidential Advisory Commission on Election Integrity(June 28, 2017), available at https:// 11 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 12 of 22 www.whitehouse.gov/the-press-office/2017/06/28/readout-vice-presidents-callpresidential-advisory-commission-election. 38. On June 28, 2017,Kobach "directed" that a letter be sent under his signature to the Secretaries of State or other election officials in all 50 states and the District of Columbia. Declaration of Kris W.Kobach ¶ 4(July 5, 2017). The other commissioners neither reviewed nor vetted the actual language of the letter before it was sent. Sam Levine, Trump Voter Fraud Commission Was Cautioned About Seeking Sensitive Voter Wormation,Huffington Post(July 5, 2017), available at http://vvvvvv.huffingtonpost.com/ entry/trump-voter-fraud-commission_us_595d511fe4b02e9bdb0a073d; Celeste Katz, Trump election integrity commission member: "We should have predicted" the backlash, Mic (July 5, 2017),available al https://mic.com/articles/181510/trump-election-integritycoin mission-member-we-should-have-predicted-the-backlashkoeq0Zx3h1. 39. Kobach's letter "invite[d]" state officials, among other things, to share "evidence or information. . . you have regarding instances of voter fraud or registration fraud in your state" and asked how the Commission could "support" state election officials "with regard to information technology security and vulnerabilities." See, e.g., Letter from Kris W.Kobach, Vice Chair,PACEI to the Honorable Matt Dunlap Secretary of State of Maine, at 1 (June 28, 2017). 40. The letter requested that the recipients provide by July 14, 2017 "the publicly available voter roll data for[your state], 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 available, voter history (elections voted in)from 2006 12 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 13 of 22 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information." Id. at 1-2. 41. The letter instructed recipients to "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/safei Welcome.aspx." Id. at 2. 42. The letter closed by warning that"any documents that are submitted to the full Commission will also be made available to the public." Id. 43. After reports indicated that certain state officials might decline to provide some or all ofthe personal and voter data requested by Kobach,President Trump tweeted: "Numerous states are refusing to give information to the very distinguished VOTER FRAUD PANEL. What are they trying to hide?" @realDonaldTrump, Twitter(July 1, 2017, 9:07 AM)available at https://twitter.com/realdonaldtrump/status/ 881137079958241280. 44. Kobach has stated that the purpose of his request is "to have the best data possible" to support the Commission's "purpose. . . to quantify different forms of voter fraud and registration fraud and offer solutions." Bryan Lowry,Kris Kobach Wants Every U.S. Voter's PersonalInformationfor Trump's Commission, Kansas City Star (June 29, 2017), available at http://www.kansascity.com/news/politics-govemment/ article158871959 html. 13 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 14 of 22 45. The Vice President's office has confirmed that the Commission intends to run the data it receives "through a number of different databases" to check for potential fraudulent registration. Jessica Huseman,Election Experts See Flaws in Trump Voter Commission's Plan to Smoke OutFraud,ProPublica(July 6,2017),available at https://www.propublica.org/article/election-experts-see-flaws-trump-voter-commissionsplan-to-smoke-out-fraud. 46. The same day that Kobach sent his letter, the Voting Section ofthe Civil Rights Division ofthe Department of Justice("DOJ")sent its own letter to states requesting their procedures for complying with the statewide voter registration list maintenance provisions ofthe National Voter Registration Act. DOJ stated that under the NVRA states must make reasonable efforts to remove from voter rolls the names of voters who have become ineligible by reason of death or change of address. DOJ requested that states provide their policies for removing ineligible voters and identify the officials responsible for doing so. See, e.g., Letter from DOJ to Hon. Kim Westbrook Strach, Executive Director, N.C. State Bd. of Elections(June 28, 2017). The Commission Shifts Its Plans to House the Personal and Voting Data 47. In a declaration filed on July 5, 2017 in the EPIC lawsuit against the Commission for failure to comply with federal privacy laws, Kobach stated that he "intended" that only "narrative responses" provided in response to the letter be sent to the eop.gov email address in the letter and that "voter roll data" be uploaded onto the Safe Access File Exchange(SAFE), which he described as a "tested and reliable method of secure file transfer used routinely by the military for large, unclassified data sets" that "also supports encryption by individual users." Declaration of Kris W.Kobach ¶ 4. 14 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 15 of 22 48. The SAFE website is operated by the U.S. Army Aviation and Missile Research Development and Engineering Center, a component within the U.S. Army. 49. After the Court in the EPIC lawsuit inquired at a July 7, 2017 hearing if the Department of Defense, by virtue of its role in collecting and maintaining the data on the SAFE website, should be joined as a defendant the Commission changed course on its storage plans. In a subsequent declaration filed on July 10, 2017, Kobach stated that"[in order not to impact the ability of other customers to use" SAFE,the Director of White House Information Technology was "repurposing an existing system" to collect the information "within the White House Information Technology enterprise." Third Declaration of Kris W.Kobach ¶ 1. 50. Asked by the Court at the same July 7 hearing what other federal agencies support the White House's computer system,the Government stated that the "mechanics" ofthe White House's information technology program are"something that may not be appropriate to say in a public setting." Transcript, Temporary Restraining Order Hearing in Elect. Privacy Info. Ctr. v. Presidential Advisory Comm 'n on Election Integrity, 1:17cv-1320(CKK)(D.D.C.)(July 7, 2017). Several States Intend to Provide Voter History and Party Affiliation Data 51. As of July 5, 2017,"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." Press Release, The White House, Statement from Kris Kobach, Kansas Secretary of State and Vice Chair of the Presidential Advisory Commission on Election Integrity (July 5, 2017)available at 15 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 16 of 22 https://www.whitehouse.gov/the-press-office/2017/07/05/statement-kris-kobachkansas-secretary-state-and-vice-chair-presidential. 52. The State of Arkansas had provided the Commission voter history and party affiliation through the SAFE website. In light of the pending motion for a temporary restraining order in the EPIC lawsuit, the Commission advised the Court that the Arkansas data would not be downloaded to White House computers and would be deleted from the SAFE website. 53. Several states intend to provide the Commission with voter history and party affiliation data. This group includes Arkansas, Colorado, Florida, North Carolina, and Ohio. See, e.g.,"Arkansas to give partial voter information to Voter Integrity Commission," 40/29 NEWS(July 5, 2017), available at http://www.4029tv.com/ article/arkansas-to-give-partial-voter-infonnation-to-voter-integrity-commission/ 10261303;"News Release: Secretary Williams' Response to request for public voter files," COLORADO SECRETARY OF STATE(June 29, 2017),available at https://content.govdelivery.com/accounts/COSOS/bulletins/1a66cee; Ltr from Ken Detzner, Florida Secretary of State to Kris W.Kobach (July 6,2017), available at http://www.politico.com/states/f/?id=0000015d-19cb-d1a7-a95d5bcf970e0001; Request Voter Registration Data, SUPERVISOR OF ELECTIONS,BREVARD COUNTY available at http://www.votebrevard.com/statistics-and-data/request-voterregistration-data; North Carolina: Q&A:Election Integrity Commission's Data Request, NORTH CAROLINA STATE BOARD OF ELECTIONS AND ETHICS ENFORCEMENT (July 10, 2017), available at https://s3.amazonaws.com/dl.ncsbe gov/Requests/QA_Electionintegrity_Commission_Request.pdf; Statementfrom 16 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 17 of 22 Secretary Husted, OHIO SECRETARY OF STATE(June 30, 2017),available at http://www.sos.state.oh.us/sos/mediaCenter/2017/2017-06-30-a.aspx; Dana Branham, "Ohio's Jon Husted to Trump election commission: We won't turn over confidential voter info," CINCINNATI.COM(June 30, 2017), available at http://www.cincinnati .com/story/news/2017/06/30/kentucky-refuses-federal-request-voter-roll-data-while-ohiomulls-over/442492001/. 54. The Commission has directed states not to provide the requested voter data while the motion for a temporary restraining order is pending in the EPIC lawsuit. The Privacy Act 55. The Privacy Act of 1974 regulates the government's collection, maintenance, use, and dissemination of sensitive personal information. 56. Congress, which passed the Act following revelations during Watergate that the White House had collected information on its political adversaries, was"concerned with curbing the illegal surveillance and investigation ofindividuals by federal agencies that had been exposed during the Watergate scandal." Department of Justice, Overview of the Privacy Act of 1974(2015 edition), available at https://www.justice.gov/opcl/policyobjectives. 57. Section 552a(e)(7) ofthe Act provides that an agency shall "maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity." 58. As the D.C. Circuit has explained:"The legislative history of the Act reveals Congress' own special concern for the protection of First Amendment rights, as borne out 17 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 18 of 22 by statements regarding 'the preferred status which the Committee intends managers of information technology to accord to information touching areas protected by the First Amendment ofthe Constitution." Albright v. United States,631 F.2d 915, 919(D.C. Cir. 1980)(citing S. Rep. No. 1183,93d Cong., 2d Sess., reprinted in(1974)U.S. Code Cong.& Admin. News, pp. 6916, 6971.)). That same legislative history also "reveals a concern for unwarranted collection ofinformation as a distinct harm in and of itself." Id. In particular, Congress directed Section 552a(e)(7) at "inquiries made for research or statistical purposes which, even though they may be accompanied by sincere pledges of confidentiality are, by the very fact that government make(sic)the inquiry, infringing on zones of personal privacy which should be exempted from unwarranted Federal inquiry." Id. (citing S. Rep. No. 1183,(1974)U.S. Code Cong. & Admin. News at 6971-72)). 59. The initial implementation guidelines for the Act promulgated by the Office of Management and Budget(OMB)underscore the special status accorded by the Act to records concerning individuals' First Amendment-protected activities. According to OMB's guidelines, Section 552a(e)(7)established a "rigorous standard governing the maintenance of records regarding the exercise of First Amendment rights," including "political beliefs" and "freedom of assembly," and asked agencies to "apply the broadest reasonable interpretation" in determining whether a particular activity is protected by Section 552a(e)(7). OMB,Responsibilities for the Maintenance of Records About Individuals by Federal Agencies,40 Fed. Reg. 28,948, 28,965 (July 9, 1975). 60. Accordingly, the D.C. Circuit has held that an agency "may not so much as collect information about an individual's exercise of First Amendment rights except under very circumscribed conditions" and that Section 552a(e)(7)applies regardless 18 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 19 of 22 whether a record is maintained in an agency's system of records. Albright,631 F.2d at 919. 61, The Privacy Act incorporates the definition of"agency" found in the Freedom of Information Act, id. § 552a(a)(1), which in turn defines "agency" as"any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch ofthe Government(including the Executive Office of the President), or any independent regulatory agency." Id. § 552(f). 62, The Commission is an agency. In cooperation with an as-yet-unknown number of other federal agencies, the Commission will function as a federal investigative body with a dedicated staff and budget to conduct a widescale and first-of-its-kind investigation into alleged voter fraud. Presently, the Commission is amassing the personal and voting data of millions of American citizens and will cross-check this information against databases maintained by other federal agencies, including the Department ofHomeland Security and the Social Security Administration, to identify and ultimately have removed individuals whom it believes have fraudulently registered to vote. 63. The Commission's functions and actions therefore go well beyond solely advising and assisting the President, and its structure shows that it is self-contained, is not operationally close to the President, and exercises substantial independent authority. Claims for Relief Count One(Violation of5 U.S.C.§ 552a(e)(7)) 64. Plaintiff hereby realleges all allegations in the above paragraphs as if fully set forth herein. 19 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 20 of 22 65. Section 552a(e)(7) ofthe Privacy Act provides that an agency shall -maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity." 66. The Privacy Act defines "maintain" to include "maintain, collect, use, or disseminate." 5 U.S.C. § 552a(a)(3). 67. Through the collection, maintenance, use, and/or dissemination of data on individuals' voter history and party affiliation, activity that is protected by the First Amendment,Defendants have violated, and will violate, Section 552a(e)(7). 68. The collection, maintenance, use, and/or dissemination of these records was not within the scope of a valid law enforcement activity. 69. Defendants' violation has caused and continues to cause ongoing harm to Plaintiff. Count Two(Violation of APA — Arbitrary and Capricious Action) 70. Plaintiff hereby realleges all allegations in the above paragraphs as iffully set forth herein. 71. In collecting, maintaining, using, and/or disseminating data on individuals' voter history and party affiliation, activity that is protected by the First Amendment,in violation of 5 U.S.C. § 552a(e)(7), Defendants have acted arbitrarily, capriciously, in excess of statutory jurisdiction and authority, and otherwise contrary to law, in violation ofthe APA,5 U.S.C. § 706. 20 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 21 of 22 Prayer for Relief WHEREFORE,plaintiff pray that this Court: 1. Declare that Defendants' collection, maintenance, use, and dissemination of voter history and party affiliation data violates the Privacy Act and the APA; 2, Enjoin Defendants from the collection, maintenance, use, and dissemination of voter history and party affiliation data; 3. Order Defendants to provide an accounting of all voter history and party affiliation data in its custody, possession, or control; all copies that have been made ofthat data; all persons and agencies with whom Defendants have shared that data; and all uses that have been made of that data; 4. Order Defendants to return to any supplying State all voter history and party affiliation data received from that state or otherwise securely delete such data, and 5. Award Plaintiff its costs and reasonable attorneys' fees incurred in this action; and 6. Grant such other relief as the Court may deem just and proper. 21 Case 1:17-cv-01398-CKK Document 1 Filed 07/14/17 Page 22 of 22 Dated: July 14, 2017 Respectfully submitted, Is!Javier Guzman Javier M. Guzman (D.C. Bar No. 462679) Karianne M. Jones(pro hac vice motion to befiled)* Democracy Forward Foundation P.O. Box 34553 Washington, D.C. 20043 (202)448-9090 jguzman@democracyforward.org kjones@democracyforward.org *Admitted in the State of Minnesota; practicing under the supervision offirm principals. 22 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELECTRONIC PRIVACY INFORMATION CENTER 1718 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20009 Plaintiff, Civ. Action No. 17-1320(CKK) V. PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY; MICHAEL PENCE,in his official capacity as Chair ofthe Presidential Advisory Commission on Election Integrity; KRIS KOBACH,in his official capacity as Vice Chair ofthe Presidential Advisory Commission on Election Integrity; CHARLES C. HERNDON,in his official capacity as Director of White House Information Technology; EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES; OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES; UNITED STATES DIGITAL SERVICE; EXECUTIVE COMMITTEE FOR PRESIDENTIAL INFORMATION TECHNOLOGY; The White House 1600 Pennsylvania Avenue, N.W. Washington, D.C. 20500 GENERAL SERVICES ADMINISTRATION 1800 F Street, N.W. Washington, D.C. 20405 UNITED STATES DEPARTMENT OF DEFENSE 1000 Defense Pentagon Washington, D.C. 20301-0001 Defendants. SECOND AMENDED COMPLAINT FOR INJUNCTIVE RELIEF Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 2 of 16 1. This is an action under the Administrative Procedure Act("APA"), 5 U.S.C. §§ 551-706, the Federal Advisory Committee Act("FACA"),5 U.S.C. app. 2, and the United States Constitution for injunctive and other appropriate relief to halt the collection of state voter data by the Presidential Advisory Commission on Election Integrity (the "PACEI" or the "Commission"), by officers ofthe Commission, and by the agencies which oversee and facilitate the activities ofthe Commission, including the Department of Defense. 2. The Electronic Privacy Information Center("EPIC")challenges the Defendants' intent to collect the personal data of millions of registered voters and to publish partial SSNs as an unconstitutional invasion of privacy and a violation ofthe obligation to conduct a Privacy Impact Assessment("PIA"). Jurisdiction and Venue 3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331, 5 U.S.C. § 702, and 5 U.S.C. § 704. This Court has personal jurisdiction over Defendants. 4. Venue is proper in this district under 5 U.S.C. § 703 and 28 U.S.C. § 1391. Parties 5. Plaintiff EPIC is a nonprofit organization incorporated in Washington, D.C., and established in 1994 to focus public attention on emerging privacy and civil liberties issues. Central to EPIC's mission is oversight and analysis of government activities. EPIC's Advisory Board members include distinguished experts in law, technology, public policy, and cybersecurity. EPIC has a long history of working to protect voter privacy and the security of election infrastructure. EPIC has specific expertise regarding the misuse ofthe Social Security Number("SSN")and has sought stronger protections for the SSN for more than two decades. 6. EPIC's members include registered voters in California, the District of Columbia, Florida, Maryland, Massachusetts, Minnesota, New York,Pennsylvania, Texas, and Washington. 2 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 3 of 16 7. Defendant PACEI is an advisory committee of the U.S. government within the meaning ofFACA,5 U.S.C. app. 2 § 10. Defendant PACEI is also an agency within the meaning of44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. 8. Defendant Michael Pence is the Vice President ofthe United States and the Chair ofthe PACEI. 9. Defendant Kris Kobach is the Secretary of State of Kansas and the Vice Chair of the PACEI. 10. Defendant Charles C. Herndon is the Director of White House Information Technology. 11. Defendant Executive Office ofthe President ofthe United States("EOP")is an agency within the meaning of44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. 12. Defendant U.S. Digital Service is an agency within the meaning of 44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. 13. Defendant Executive Committee for Presidential Information Technology consists ofthe following officials or their designees: the Assistant to the President for Management and Administration; the Executive Secretary ofthe National Security Council; the Director of the Office of Administration; the Director ofthe United States Secret Services; and the Director of the White House Military Office. The Executive Committee is an agency within the meaning of 44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. 14. Defendant Office of the Vice President ofthe United States("OVP")is a subcomponent ofEOP and an agency within the meaning of44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. 15. Defendant General Services Administration("GSA")is an agency within the meaning of 44 U.S.C. § 3502 and the APA, 5 U.S.C. § 701. The GSA is charged with providing the PACEI 3 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 4 of 16 "such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission . . . ." Ex. 1.1 16. Defendant United States Department of Defense("DoD")is an agency within the meaning of44 U.S.C. § 3502 and the APA,5 U.S.C. § 701. The DoD manages and controls the Safe Access File System ("SAFE"). Facts The Commission's Unprecedented Collection of State Voter Data 17. The Commission was established by Executive Order on May 11, 2017("Commission Order"). Ex 1.2 18. The Commission is charged with "study[ing]the registration and voting processes used in Federal elections." Ex. 1.3 The Commission Order contains no authority to gather personal data or to undertake investigations.4 19. On June 28, 2017,the Vice Chair ofthe Commission undertook to collect detailed voter histories from all fifty states and the District of Columbia. Such a request had never been made by any federal official in the history ofthe country. The Vice Chair stated during a phone call with Commission members that"a letter w[ould] be sent today to the 50 states and District of Columbia on behalf ofthe Commission requesting publicly-available data from state voter rolls. .. 'Exec. Order. No. 13,799, 82 Fed. Reg. 22,389, 22,390 May 11, 2017). 2 82 Fed. Reg. at 22,389; see also Voter Privacy and the PACE',EPIC.org(June 30, 2017), https://epic.org/privacy/voting/pacei/. 3 82 Fed. Reg. at 22,389. 4 See generally id. 5 Press Release, Office of the Vice President, Readout ofthe Vice President's Call with the Presidential Advisory Commission on Election Integrity (June 28, 2017). 4 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 5 of 16 20. According to the U.S. Census, state voter rolls include the names, addresses, and other personally identifiable information of at least 157 million registered voters.6 21. One ofthe letters from the Commission, dated June 28,2017, was sent to North Carolina Secretary of State Elaine Marshall. Ex. 3.7 22. In the letter("Commission Letter"), the Vice Chair urged the Secretary of State to provide to the Commission 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 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." Ex. 3.8 23. The Commission Letter also asked "[w]hat evidence or information [the state had] regarding instances of voter fraud or registration fraud" and "[w]hat convictions for electionrelated crimes ha[d] occurred in [the] state since the November 2000 federal election." Ex. 3.9 24. The Commission Letter stated that"any documents that are submitted to the full Commission w[ould] also be made available to the public." Ex. 3.10 25. The Commission asked for a response by July 14, 2017. Ex. 3.11 The"SAFE" URL, recommend by the Commission for the submission of voter data, leads election officials to a non- 6 U.S. Census Bureau, Voting and Registration in the Election ofNovember 2016 at tbl. 4a(May 2017), https://www.census.gov/dataitables/time-series/demo/voting-and-registration/p20580.html. 7 Letter from Kris Kobach, Vice Chair,PACEI,to Elaine Marshall, Secretary of State, North Carolina(June 28, 2017). 8Id at 1-2. 9 1d. at 1. 1° Id. at 2. "Id. 5 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 6 of 16 secure site. Regarding this website, Google Chrome states: "Your connection is not private. Attackers may be trying to steal your information from [the site proposed by the Commission] (for example, passwords, messages, or credit cards)." Ex. 4.12 26. As of July 7, 2017,the Department of Defense has received voter data from at least one state, Arkansas, in the SAFE system. 27. According to representations made by the Commission in the July 10, 2017 response, the Commission sent a "Follow-up Communication" to the states, requesting that the States not submit any data until this Court rules on EPIC's motion for a temporary restraining order. 28. The Follow-up Communication from the Commission to the States was not made public as would be required by the Federal Advisory Committee Act. 29. There is no public confirmation that all ofthe States received the Follow-up Communication from the Commission. 30. There is no public confirmation that the States that did receive the Follow-up Communication will comply. 31. According to representations made by the Commission in the July 10, 2017 response, the Director of White House Information Technology is "repurposing" a computer system to be used for collecting personal voter data. 32. On July 10, 2017, the Commission stated that it would not send further instructions about how to use the new system pending the Court's resolution ofEPIC's motion for a temporary restraining order. 12 Screenshot: Google Chrome Security Warning for Safe Access File Exchange("SAFE") Site (July 3, 2017 12:02 AM). 6 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 7 of 16 33. On July 10, 2017, the Commission stated that it would not download the data that Arkansas already transmitted via the DoD system, and that the data will be deleted from the site. There has been no confirmation that the data has been deleted. The General Service Administration's Role in Providing Support to the Commission 34. The Executive Order provides that the GSA "shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessaiy to carry out its mission on a reimbursable basis."13 35. The Commission Charter designates the GSA as the "Agency Responsible for Providing Support," and similarly orders that the GSA "shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis."" 36. The GSA routinely conducts and publishes Privacy Impact Assessments when it collects, maintains, and uses personal information on individuals.'5 37. There is no authority in the Executive Order of the Commission Charter for any other entity to provide "administrative services," "facilities," or "equipment" to "carry out [the Commission's] mission." Many States Oppose the Commission's Demand for Personal Voter Data 38. In less than three days following the release of the Commission Letter, election officials in twenty-four states said that they would oppose, partially or fully, the demand for personal voter data.16 13 82 Fed. Reg. at 22,390. Charter, Presidential Advisory Commission on Election Integrity ¶ 6. 13, 2017), https://www.gsa.gov/portal/content/102237. 14 15 Privacy Impact Assessments, GSA (Apr. 7 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 8 of 16 39. California Secretary of State Alex Padilla stated that he would "not provide sensitive voter information to a committee that has already inaccurately passed judgment that millions of Californians voted illegally. California's participation would only serve to legitimize the false and already debunked claims of massive voter fraud."17 40. Kentucky Secretary of State Alison Lundergan Grimes stated that "Kentucky w[ould] not aid a commission that is at best a waste oftaxpayer money and at worst an attempt to legitimize voter suppression efforts across the country.',18 41. Virginia Governor Terry McAuliffe stated that he had "no intention of honoring [Kobach's] request."19 42. More than fifty experts in voting technology and twenty privacy organizations wrote to state election officials to warn that"[t]here is no indication how the information will be used, who will have access to it, or what safeguards will be established."2° Failure to Conduct a Privacy Impact Assessment 16 Philip Bump & Christopher Ingraham, Trump Says States Are 'Trying to Hide' Thingsfrom His Voter Fraud Commission. Here's What They Actually Say, Wash.Post(July 1, 2017), https://www.washingtonpost.com/news/wonk/wp/2017/07/01/trump-says-states-are-trying-tohide-things-from-his-voter-fraud-commission-heres-what-they-actually-say/. 17 Press Release, Secretary of State Alex Padilla Responds to Presidential Election Commission Request for Personal Data of California Voters(June 29, 2017), http://www.sos.ca.gov/administration/news-releases-and-advisories/2017-news-releases-andadvisories/secretary-state-alex-padilla-responds-presidential-election-commission-requestpersonal-data-california-voters/. 18 Bradford Queen, Secretary Grimes Statement on Presidential Election Commission's Request for Voters' Personal Information, Kentucky (last accessed July 3, 2017) http://kentucky.gov/Pages/Activity-stream.aspx?n=SOS&prId=129. 19 Terry McAuliffe, Governor McAuliffe Statement on Requestfrom Trump Elections Commission(June 29, 2017), https://governor.virginia.govinewsroom/newsarticle?articleId=20595. " Letter from EPIC et at. to Nat'l Ass'n of State Sec'ys (July 3, 2017), https://epic.org/privacy/voting/paceiNoter-Privacy-letter-to-NASS-07032017.pdf. 8 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 9 of 16 43. Under the E-Government Act of 2002,21 any agency "initiating a new collection of information that(I) will be collected, maintained, or disseminated using information technology; and (II)includes any information in an identifiable form permitting the physical or online contacting of a specific individual" is required to complete a Privacy Impact Assessment("PIA") before initiating such collection.22 44. The agency must"(i)conduct a privacy impact assessment;(ii) ensure the review ofthe privacy impact assessment by the ChiefInformation Officer, or equivalent official, as determined by the head of the agency; and (iii) if practicable, after completion ofthe review under clause (ii), make the privacy impact assessment publicly available through the website ofthe agency, publication in the Federal Register, or other means."23 45. The Commission is an agency subject to the E-Government Act because it is an "establishment in the executive branch ofthe Government," a category which "includ[es] the Executive Office ofthe President."24 46. The Executive Office ofthe President is an agency subject to the E-Government Act. 47. The U.S. Digital Service is an agency subject to the E-Government Act. 48 The Director of White House Information Technology is subject to the E-Government Act. 49. The Director of White House Information Technology was established in 2015 and has "the primary authority to establish and coordinate the necessary policies and procedures for Stat. 2899(codified as amended at 44 U.S.C. § 3501 note). 22 44 U.S.C. § 3501 note ("Privacy Impact Assessments"). 21 Pub. L. 107-347, 116 23 24 44 U.S.C. § 3502(1). 9 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 10 of 16 operating and maintaining the information resources and information systems provided to the President, Vice President, and EOP."25 This authority includes: providing "policy coordination and guidance for, and periodically review[ing], all activities relating to the information resources and information systems provided to the President, Vice President, and EOP by the Community, including expenditures for, and procurement of, information resources and information systems by the Community. Such activities shall be subject to the Director's coordination, guidance, and review in order to ensure consistency with the Director's strategy and to strengthen the quality of the Community's decisions through integrated analysis, planning, budgeting, and evaluating process.26 The Director may also "advise and confer with appropriate executive departments and agencies, individuals, and other entities as necessary to perform the Director's duties under this memorandum."27 50. The Director has the independent authority to oversee and "provide the necessary advice, coordination, and guidance to" the Executive Committee for Presidential Information Technology, which "consists ofthe following officials or their designees: the Assistant to the President for Management and Administration; the Executive Secretary ofthe National Security Council; the Director ofthe Office of Administration; the Director ofthe United States Secret Service; and the Director of the White House Military Office."28 51. A Privacy Impact Assessment for a "new collection of information" must be "commensurate with the size ofthe information system being assessed, the sensitivity of information that is in an identifiable form in that system, and the risk of harm from unauthorized release ofthat information."29 The PIA must specifically address "(I) what information is to be on Establishing the Director of White House Information Technology and the Executive Committee for Presidential Information Technology § 1, 2015 Daily Comp. Pres. Doc. 185(Mar. 19, 2015), attached as Ex. 5. 26 Ia.' § 2(c). 27 1d. § 2(d). 28jj §3, 29 44 U.S.C. § 3501 note ("Privacy Impact Assessments"). 25 Memorandum 10 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 11 of 16 collected;(II) why the information is being collected;(III)the intended use ofthe agency of the information;(IV) with whom the information will be shared;(V)what notice or opportunities for consent would be provided to individuals regarding what information is collected and how that information is shared;[and](VI)how the information will be secured. 52. Under the FACA,"records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by [an] advisory committee shall be available for public inspection and copying at a single location in the offices ofthe advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist."31 53. None ofthe Defendants have conducted a Privacy Impact Assessment for the Commission's collection of state voter data. 54. None ofthe Defendants have ensured review of a PIA by any ChiefInformation Officer or equivalent official. 55. The Commission has not published a PIA or made such an assessment available for public inspection. The DoD's Privacy Impact Assessment Does Not Permit the Collection of Personal Information from The General Public 56. The DoD last approved a PIA for the Safe Access File Exchange system in 2015.32 57. The 2015 PIA indicates that the SAFE system may "collect, maintain, use and/or disseminate PII" about only "federal personnel and/or federal contractors."33 301d. 31 5 U.S.C. app. 2§ 10(b). 32 Army Chief Information Officer, U.S. Dep't of Def.,Privacy Impact Assessments(April 27, 2016), http://ciog6.army.mil/PrivacyImpactAssessments/tabid/71/Default.aspx. 33 EPIC Supp. Ex. 5,ECF No. 20-1, at 1. 11 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 12 of 16 58. The 2015 PIA specifically indicates that the SAFE system may not be used to "collect, maintain, use and/or disseminate PIP'from "members ofthe general public."34 59. According to the 2015 PIA,the SAFE system may not be used to collect the data set out in the June 28, 2017,from Vice Chair Kobach, directing state election officials to provide voter roll data. 60. The DoD has not issued a PIA for the collection of personal data from the general public. 61. The DoD has not issued a PIA that would permit the receipt of data specified in the June 28,2017, Kobach letter. Count 1 Violation of APA: Unlawful Agency Action 62. Plaintiff asserts and incorporates by reference paragraphs 1-42. 63. Defendants' collection of state voter data prior to creating, reviewing, and publishing a Privacy Impact Assessment,44 U.S.C. § 3501 note, is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under 5 U.S.C. § 706(2)(a) and short of statutory right under 5 U.S.C. § 706(2)(c). 64. Defendants' decision to initiate collection of voter data is a final agency action within the meaning of 5 U.S.C. § 704. 65. Plaintiff, by itself and as a representative of its members, is adversely affected and aggrieved by Defendants' actions. 66. Plaintiff has exhausted all applicable administrative remedies. Count IT Violation of APA: Agency Action Unlawfully Withheld 34 EPIC Supp. Ex. 5,ECF No. 20-1, at 1. 12 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 13 of 16 67. Plaintiff asserts and incorporates by reference paragraphs 1-42. 68. Defendants have failed to create, review, and/or publish a privacy impact assessment for Defendants' collection of voter data, as required by 44 U.S.C. § 3501 note and 5 U.S.C. app. 2 § 10(b). 69. Defendants' failure to take these steps constitutes agency action unlawfully withheld or unreasonably delayed in violation of 5 U.S.C. § 706(1). 70. Plaintiff, by itself and as a representative of its members, is adversely affected and aggrieved by Defendants' actions and inaction. 71. Plaintiff has exhausted all applicable administrative remedies. Count III Violation of FACA: Failure to Make Documents Available for Public Inspection 72. Plaintiff asserts and incorporates by reference paragraphs 1-42. 73. Defendants have failed to make available for public inspection a privacy impact assessment for the collection of voter data. 74. Defendants' failure to make available for public inspection a PIA required by law is a violation of 5 U.S.C. app. 2§ 10(b). 75. Plaintiff, by itself and as a representative of its members, is adversely affected and aggrieved by Defendants' actions and inaction. 76. Plaintiff has exhausted all applicable administrative remedies Count IV Violation of Fifth Amendment: Substantive Due Process/Right to Informational Privacy 77. Plaintiff asserts and incorporates by reference paragraphs 1-42. 13 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 14 of 16 78. Defendants, by seeking to assemble an unnecessary and excessive federal database of sensitive voter data from state records systems, have violated the informational privacy rights of millions of Americans, including members ofthe EPIC Advisory Board, guaranteed by the Due Process Clause ofthe Fifth Amendment. See U.S. Const. amend. V; NASA v. Nelson, 562 U.S. 134, 138(2011); Nixon v. Administrator ofGeneral Services, 433 U.S. 425,457(1977); Whalen v. Roe,429 U.S. 589, 599-600(1977). 79. Plaintiff, as a representative of its members, is adversely affected and aggrieved by Defendants' actions. Count V Violation of Fifth Amendment: Procedural Due Process 80. Plaintiff asserts and incorporates by reference paragraphs 1-42. 81. Defendants, by seeking to assemble an unnecessary and excessive federal database of sensitive voter data from state records systems, have deprived EPIC's members oftheir liberty interest in avoiding the disclosure of personal matters. U.S. Const. amend. V;NASA v. Nelson, 562 U.S. 134, 138 (2011); Nixon v. Administrator ofGeneral Services, 433 U.S. 425,457 (1977); Whalen v. Roe,429 U.S. 589, 599-600(1977). 82. Defendants have done so without providing notice to EPIC's members, without providing EPIC's members an opportunity to challenge the collection of their personal data, and without providing for a neutral decisionmaker to decide on any such challenges brought by EPIC's members. 83. Defendants have violated EPIC's members Fifth Amendment right to due process oflaw. U.S. Const. amend. V. 14 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 15 of 16 84 Plaintiff, as a representative of its members, is adversely affected and aggrieved by Defendants' actions and inaction. Requested Relief WHEREFORE,Plaintiff requests that this Court: A. Hold unlawful and set aside Defendants' authority to collect personal voter data from the states; B. Order Defendants to halt collection of personal voter data; C. Order Defendants to securely delete and properly disgorge any personal voter data collected or subsequently received; D. Order Defendants to promptly conduct a privacy impact assessment prior to the collection of personal voter data; E. Award EPIC costs and reasonable attorney's fees incurred in this action; and F. Grant such other relief as the Court may deem just and proper. Respectfully Submitted, /s/ Marc Rotenberg MARC ROTENBERG,D.C. Bar # 422825 EPIC President and Executive Director ALAN BUTLER,D.C. Bar # 1012128 EPIC Senior Counsel CAITRIONA FITZGERALD* EPIC Policy Director JERAMIE D. SCOTT,D.C. Bar # 1025909 EPIC Domestic Surveillance Project Director ELECTRONIC PRIVACY INFORMATION CENTER 1718 Connecticut Avenue, N.W. 15 Case 1:17-cv-01320-CKK Document 33 Filed 07/11/17 Page 16 of 16 Suite 200 Washington, D.C. 20009 (202)483-1140(telephone) (202)483-1248(facsimile) Attorneysfor PlaintiffEPIC *Pro hac vice motion pending Dated: July 11,2017 16 Case Qacument 33?1 Fiied 07/11/17 Page 1 of 5 A1ing•trec4nD cemosiban.rt . 0110111441KIN opt) Case 1:17-cv-01320-CKK Document 33-1 Filed 07/11/17 Page 2 of 5 Administration ofBarack Obama,2015 Memorandum on Establishing the Director of White House Information Technology and the Executive Committee for Presidential Information Technology March 19,2015 Memorandumfor the Secretary ofDefense, the Secretary ofHomeland Security, the Director of the Office ofManagement and Budget, the National Security Advisor, and the Director ofthe Office ofAdministration Subject: Establishing the Director of White House Information Technology and the Executive Committee for Presidential Information Technology By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the information resources and information systems provided to the President, Vice President, and Executive Office of the President(EOP),I hereby direct the following: Section 1. Policy. The purposes of this memorandum are to ensure that the information resources and information systems provided to the President, Vice President, and EOP are efficient, secure, and resilient; establish a model for Government information technology management efforts; reduce operating costs through the elimination of duplication and overlapping services; and accomplish the goal ofconverging disparate information resources and information systems for the EOP. This memorandum is intended to maintain the President's exclusive control ofthe information resources and information systems provided to the President, Vice President, and EOP. High-quality, efficient, interoperable, and safe information systems and information resources are required in order for the President to discharge the duties of his office with the support of those who advise and assist him, and with the additional assistance of all EOP components. The responsibilities that this memorandum vests in the Director of White House Information Technology, as described below, have been performed historically within the EOP,and it is the intent of this memorandum to continue this practice. The Director of White House Information Technology, on behalf of the President, shall have the primary authority to establish and coordinate the necessary policies and procedures for operating and maintaining the information resources and information systems provided to the President, Vice President, and EOP. Nothing in this memorandum may be construed to delegate the ownership, or any rights associated with ownership, of any information resources or information systems, nor of any record, to any entity outside of the EOP. Sec. 2. Director of White House Information Technology.(a) There is hereby established the Director of White House Information Technology(Director). The Director shall be the senior officer responsible for the information resources and information systems provided to the President, Vice President, and EOP by the Presidential Information Technology Community(Community). The Director shall: (i) be designated by the President; (ii) have the rank and status of a commissioned officer in the White House Office; and 1 Case 1:17-cv-01320-CKK Document 33-1 Filed 07/11/17 Page 3 of 5 (iii) have sufficient seniority, education, training, and expertise to provide the necessary advice, coordination, and guidance to the Community. (b)The Deputy Chief of Staff for Operations shall provide the Director with necessary direction and supervision. (c)The Director shall ensure the effective use of information resources and information systems provided to the President, Vice President, and EOP in order to improve mission performance, and shall have the appropriate authority to promulgate all necessary procedures and rules governing these resources and systems. The Director shall provide policy coordination and guidance for, and periodically review, all activities relating to the information resources and information systems provided to the President, Vice President, and EOP by the Community,including expenditures for, and procurement of, information resources and information systems by the Community. Such activities shall be subject to the Director's coordination, guidance, and review in order to ensure consistency with the Director's strategy and to strengthen the quality of the Community's decisions through integrated analysis, planning, budgeting, and evaluation processes. (d)The Director may advise and confer with appropriate executive departments and agencies, individuals, and other entities as necessary to perform the Director's duties under this memorandum. Sec. 3. Executive Committeefor Presidential Information Technology. There is hereby established an Executive Committee for Presidential Information Technology(Committee). The Committee consists ofthe following officials or their designees: the Assistant to the President for Management and Administration; the Executive Secretary of the National Security Council; the Director ofthe Office of Administration; the Director of the United States Secret Service; and the Director of the White House Military Office. Sec. 4. Administration.(a)The President or the Deputy Chief of Staff for Operations may assign the Director and the Committee any additional functions necessary to advance the mission set forth in this memorandum. (b)The Committee shall advise and make policy recommendations to the Deputy Chief of Staff for Operations and the Director with respect to operational and procurement decisions necessary to achieve secure, seamless, reliable, and integrated information resources and information systems for the President, Vice President, and EOP.The Director shall update the Committee on both strategy and execution, as requested, including collaboration efforts with the Federal Chief Information Officer, with other government agencies, and by participating in the Chief Information Officers Council. (c)The Secretary of Defense shall designate or appoint a White House Technology Liaison for the White House Communications Agency and the Secretary of Homeland Security shall designate or appoint a White House Technology Liaison for the United States Secret Service. Any entity that becomes a part ofthe Community after the issuance of this memorandum shall designate or appoint a White House Technology Liaison for that entity. The designation or appointment of a White House Technology Liaison is subject to the review of, and shall be made in consultation with, the President or his designee. The Chief Information Officer of the Office of Administration and the Chief Information Officer of the National Security Council, and their successors in function, are designated as White House Technology Liaisons for their respective components. In coordination with the Director, the White House Technology Liaisons shall ensure that the day-to-day operation of and long-term 2 Case 1:17-cv-01320-CKK Document 33-1 Filed 07/11/17 Page 4 of 5 strategy for information resources and information systems provided to the President, Vice President, and EOP are interoperable and effectively function as a single, modern, and highquality enterprise that reduces duplication, inefficiency, and waste. (d)The President or his designee shall retain the authority to specify the application of operating policies and procedures, including security measures, which are used in the construction, operation, and maintenance of any information resources or information system provided to the President, Vice President, and EOP. (e) Presidential Information Technology Community entities shall: (i) assist and provide information to the Deputy Chief of Staff for Operations and the Director, consistent with applicable law, as may be necessary to implement this memorandum; and (ii) as soon as practicable after the issuance of this memorandum,enter into any memoranda of understanding as necessary to give effect to the provisions of this memorandum. (f) As soon as practicable after the issuance of this memorandum, EOP components shall take all necessary steps, either individually or collectively, to ensure the proper creation, storage, and transmission of EOP information on any information systems and information resources provided to the President, Vice President, and EOP. Sec. 5. Definitions. As used in this memorandum: (a)"Information resources," "information systems," and "information technology" have the meanings assigned by section 3502 of title 44, United States Code. (b)"Presidential Information Technology Community" means the entities that provide information resources and information systems to the President, Vice President, and EOP, including: (i) the National Security Council; (ii) the Office of Administration; (iii) the United States Secret Service; (iv) the White House Military Office; and (v) the White House Communications Agency. (c)"Executive Office ofthe President' means: (i) each component of the EOP as is or may hereafter be established; (ii) any successor in function to an EOP component that has been abolished and of which the function is retained in the EOP;and (iii) the President's Commission on White House Fellowships, the President's Intelligence Advisory Board, the Residence of the Vice President, and such other entities as the President from time to time may determine. Sec. 6. General Provisions.(a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, entity, office, or the head thereof; or 3 Case 1:17-cv-01320-CKK Document 33-1 Filed 07/11/17 Page 5 of 5 (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA Categories: Communications to Federal Agencies:White House Information Technology, Director, memorandum establishing; Executive Committee for Presidential Information Technology, memorandum establishing. Subjects: White House Office : Assistants to the President :: White House Information Technology, Director; White House Office : Information Technology, Executive Committee for Presidential. DCPD Number: DCPD201500185. 4 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 1 of 64 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. ARTHENIA JOYNER; MIKE SUAREZ; JOSHUA A. SIMMONS;BRENDA SHAPIRO; LUIS MEURICE; THE AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC.; FLORIDA IMMIGRANT COALITION,INC., Plaintiffs, versus PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY; MICHAEL PENCE, in his official capacity as Chair of the Presidential Advisory Commission on Election Integrity; KRIS KOBACH, in his official capacity as Vice Chair of the Presidential Advisory Commission on Election Integrity; EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES; EXECUTIVE OFFICE OF THE VICE PRESIDENT OF THE UNITED STATES; TIM HORNE, in his official capacity as Administrator of the General Services Administration; MICK MULVANEY, in his official capacity as Director, Office of Management and Budget; KEN DETZNER, in his official capacity as Florida Secretary of State, Defendants. I COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, WITH REQUEST FOR EXPEDITED TREATMENT Page 1 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 2 of 64 I. PRELIMINARY STATEMENT 1. This action is brought on behalf of Florida voters and organizations involved and interested in the fair conduct of elections in Florida and elsewhere throughout the United States. This litigation challenges the legality of the actions of the Presidential Advisory Commission on Election Integrity and the legality of its directive requesting voter registration information of state-registered voters in Florida and throughout the United States. 2. This suit proceeds pursuant to the Administrative Procedure Act ("APA")(5 U.S.C. §§ 551-706), the Federal Advisory Committee Act ("FACA")(5 U.S.C. app. 2), the Paperwork Reduction Act ("PRA") (44 U.S.C. § 3501), the Declaratory Judgment Act (28 U.S.C. § 2201, et seq.), and the United States Constitution, seeking injunctive and declaratory relief, and other appropriate relief to prevent the unauthorized collection of state voter information data and to prohibit the Florida Secretary of State and other similarly situated officials of other states from providing state voter data to the Presidential Advisory Commission on Election Integrity (the Presidential Advisory Commission" or "Commission") and any other person or entity acting Page 2 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 3 of 64 pursuant to the request or directives of the Presidential Advisory Commission. 3. At issue in this lawsuit is the request by the Presidential Advisory Commission to collect, aggregate, and potentially disseminate a massive volume of state-maintained voter information, including personal identification information and private data that citizens are required by law to furnish to state officials solely to pursue their First Amendment constitutional right to vote. The challenged requests made to state elections officials infringe voters' First Amendment rights. The requests also constitute an unjustified invasion of privacy not authorized under the Constitution and laws of the United States or the individual states. The actions of the Presidential Advisory Commission have occurred in the absence of a required Privacy Impact Assessment. Importantly, the Presidential Advisory Commission's request for voter information preceded any authorized meeting of the Commission. II. JURISDICTION,STANDING,AND VENUE 4. This court has jurisdiction under its general federal question jurisdiction, 28 U.S.C. § 1331, and specific jurisdiction over claims arising under the Administrative Procedure Act, 5 U.S.C. §§ 702 & 704. Page 3 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 4 of 64 5. The Court has jurisdiction over claims for violations of the Paperwork Reduction Act. See Livestock Mktg. ASS'il, v. U.S. Dep't of Agriculture, 132 F. Supp. 2d 817, 831 (D.S.D. 2001); see also AlabamaTombigbee Rivers Coal. v. Dep't of Interior, 26 F. 3d 1103 (11th Cir. 1994) (holding that lalbsent the clearest command to the contrary from Congress, federal courts retain their equitable power to issue injunctions in suits over which they have jurisdiction' because it is inappropriate to allow the government to use the product of a tainted procedure in violation of federal statutes)(internal citation omitted)). 6. The Declaratory Judgment Act (28 U.S.C. § 2201) authorizes courts to issue declaratory judgments. 7. This court has personal jurisdiction over all defendants. 8. Plaintiffs have standing to commence this action under the Administrative Procedure Act ("APA"), which confers standing to any party adversely affected by government action. 5 U.S.C. § 702 (1988). 9. Plaintiffs also have standing pursuant to the Federal Advisory Committee Act (5 U.S.C. app. 2). Miccosukee Tribe of Indians of Fla. v. S. Everglades Restoration Alliance, 304 F.3d 1076, 1080-81 (11th Cir. 2002), Page 4 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 5 of 64 10. The Plaintiffs are authorized to seek compliance with the Separation of Powers. Id. 11. Plaintiffs have standing for a private cause of action for violation of the Paperwork Reduction Act of 1995, in that, "[t]he protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action applicable thereto." (emphasis added). 44 U.S.C. § 3512(b), see also Livestock Mktg. Ass'n, 132 F. Supp. 2d at 831 (holding that there is a private right of action under the Paperwork Reduction Act because the court "[could] not imagine language that would be more expansive."). 12. Plaintiffs' privacy interests are also adversely affected by the federal government action that is the subject of this complaint. 13. Venue is proper in the Southern District of Florida under 5 U.S.C. § 703 and 28 U.S.C. § 1391 as a place where the challenged conduct is occurring with respect to Florida voters. 14. All conditions precedent to bringing this action have occurred, have been waived, or would be a useless act and are accordingly waived. Page 5 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 6 of 64 III. PARTIES 15. Plaintiff Senator Arthenia Joyner (retired), is a resident and voter of Hillsborough County, Florida, and a member in good standing of The Florida Bar. She sues in her individual capacity. Senator Joyner formerly served as a member of the Florida House of Representatives, representing the 59th House District from 2000 through 2006, and as a member of the Florida Senate representing the 19th Senate District from 2006 through 2016. As a member of the Florida Senate from 2014 through 2016, Senator Joyner served as the Florida Senate Minority Leader. Senator Joyner has long been a passionate advocate for civil rights and justice during the entirety of her political and legal careers, and within her private life. Senator Joyner is concerned about the disclosure of private information and how such disclosures may violate the law and the civil rights of all people. She opposes the dissemination, collection, and potential distribution of her voter and identity information. 16. Plaintiff Councilman Mike Suarez, is a resident and voter of Hillsborough County, Florida. He sues in his individual capacity. Councilman Suarez represents District 1 in the Tampa (Florida) City Page 6 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 7 of 64 Council and is the immediate past Chair of the Tampa City Council, having served in that position from 2016 through 2017. Councilman Suarez is a third-generation Tampa resident who is concerned about the protection of personal voter and identification information and privacy rights for himself as a registered voter, and for his constituents throughout the City of Tampa. He opposes the dissemination, collection, and potential distribution of his voter and identity information. 17. Plaintiff Joshua A. Simmons is a resident and voter in Broward County, Florida, in the Southern District of Florida. He sues in his individual capacity. He opposes the dissemination, collection, and potential distribution of his voter and identity information. 18. Plaintiff Brenda Shapiro is a resident and voter in Miami- Dade County, Florida, in the Southern District of Florida. She sues in her individual capacity. She is an active voter, a practicing attorney, and has been a leader in civic affairs in Miami, where she has served as Chair of both the City of Miami's Community Relations Board and the City of Miami's Civilian Investigative Panel. She is concerned about the circulation of her voting history and her personal information, and she is especially concerned about the misuse of that information. She Page 7 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 8 of 64 opposes the dissemination, collection, and potential distribution of her voter and identity information. 19. Plaintiff Luis Meurice is a resident and voter in Miami-Dade County, Florida, in the Southern District of Florida. He is a 38-year member of the International Longshoremen's Association, its Florida Legislative Director, and President of ILA Local 2062. He is also District Vice President of South Florida AFL-CIO. He is active in Movimiento Democracia, a non-profit organization advocating for freedom and democracy for all people. He sues in his individual capacity. He opposes the dissemination, collection, and potential distribution of his voter and identity information. 20. Plaintiff The American Civil Liberties Union of Florida, Inc. ("ACLU of Florida" or "ACLU") is a non-profit, §501(c)(3) membership organization. The ACLU is dedicated to the principles of liberty and equality embodied in the Constitution and our nation's civil rights laws, including laws protecting access to the right to vote. Since 1965, the ACLU, through its Voting Rights Project, has litigated more than 300 voting rights cases and has a direct interest in ensuring that all eligible citizens are able to access the franchise and are not removed from voter Page 8 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 9 of 64 rolls, and in empowering those targeted by vote suppression. The ACLU of Florida is a state affiliate of the national American Civil Liberties Union and is domiciled in the State of Florida, with its principal place of business in Miami-Dade County, Florida, within the Southern District of Florida. The ACLU of Florida has over 50,000 members and has litigated numerous cases, either through direct representation or as amicus curiae, to protect the fundamental right to vote. 21. Plaintiff Florida Immigrant Coalition, Inc.(-FLIC") is a non- profit membership organization and coalition of more than 65 membership organizations and over 100 allies. FLIC was founded in 1998 and formally incorporated in 2004. More than an organization, "FLIC" is a strategic multi-racial, intergenerational social movement working for the fair treatment of all people, including immigrants. FLIC is domiciled in the State of Florida, with its principal place of business in Miami-Dade County, Florida, within the Southern District of Florida. Its members are residents of Florida and elsewhere. 22. Defendant Presidential Advisory Commission is an advisory commission of the United States government within the meaning of the Federal Advisory Committee Act (5 U.S.C. app. 2 § 10). It is a Page 9 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 10 of 64 subcomponent of the Executive Office of the President of the United States. The Office of Management and Budget and the General Services Administration, along with the Presidential Advisory Commission are agencies or the equivalent thereof within the meaning of 44 U.S.C. § 3502 and the APA, 5 U.S.C. § 701. 23. Defendant Michael Pence is the Vice President of the United States and the Chair of the Presidential Advisory Commission. He is sued in his official capacity as Chair of the Presidential Advisory Commission. 24. Defendant Kris Kobach is the Secretary of State of Kansas, and the Vice Chair of the Presidential Advisory Commission. Vice Chair Kobach has a lengthy history of attempting to suppress the right to vote within his home state of Kansas. For example, in League of Women Voters of United States v. Newby, 838 F.3d 1, 13 (D.C. Cir. 2016), the U.S. Court of Appeals for the District of Columbia Circuit rejected Secretary Kobach's arguments that proof of citizenship should be required when registering to vote because there is "precious little record evidence" that failure to present citizenship leads to fraudulent registration by non-citizens. Similarly, in Fish v. Kobach, 840 F.3d 710 Page 10 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 11 of 64 (10th Cir. 2016), the U.S. Court of Appeals for the Tenth Circuit upheld the district court's injunction against Secretary Kobach, requiring him to register voters whose voter registrations were rejected for failure to provide documentary proof of citizenship. The Tenth Circuit explained that Mr. Kobach's actions and the Kansas statutory scheme amounted to a "mass denial of a fundamental constitutional right" for more than 18,000 voters. Moreover, the Tenth Circuit explained that Secretary Kobach's "assertion that the number of aliens on the voter rolls is likely to be in the hundreds, if not thousands' is pure speculation." Id. at 755. He is sued in his official capacity as Vice Chair of the Presidential Advisory Commission. 25. Defendant Executive Office of the President of the United States ("EOP") is an agency within the meaning of 44 U.S.C. § 3502 and the APA, 5 U.S.C. § 701. 26. Defendant Office of the Vice President of the United States ( OVP") is a subcomponent of EOP and constitutes an agency within the meaning of 44 U.S.C. § 3502 and the APA, 5 U.S.C. § 701. 27. Defendant Tim Horne is the Administrator of the U.S. General Services Administration ("GSA"). an agency within the Page 11 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 12 of 64 meaning of 44 U.S.C. § 3502 and the APA, 5 U.S.C. § 701. The GSA is charged with providing the Presidential Advisory Commission "such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission ...." (Exhibit A. Exec. Order. No. 13,799, 82 Fed. Reg. 22,389, 22,390 (May 11, 2017). He is sued in his official capacity. 28. Defendant Mick Mulvaney is the Director of the Office of Management and Budget("OMB"), an office within the Executive Office of the President of the United States. The OMB Director reports to the President, Vice President, and the White House Chief of Staff. The OMB is tasked with promulgating the Federal Regulations to effectuate the mandates of the Paperwork Reduction Act. He is sued in his official capacity. 29. Defendant Ken Detzner is the Florida Secretary of State, charged with the statutory responsibilities of maintaining and securing Florida voter information. He is sued in his official capacity. Page 12 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 13 of 64 IV. FACTS The President and His Administration Propagate Baseless Accusations About Widespread Voter Fraud 30. President Trump has a long history of propagating baseless conspiracy theories about voter fraud, ostensibly in order to suppress the right to vote. As a presidential candidate and now as President, Mr. Trump repeatedly, and baselessly, spoke about widespread voter fraud across the country, including supposed votes cast by dead people, people voting multiple times, people voting in multiple states, and, supposed votes cast by "illegal immigrants."1 31. In August 2016, then-Candidate Trump told an audience that: The only way they can beat me, in my opinion, and I mean this 100 percent, is if in certain sections of the state, they cheat, OK.. . So I hope you people can sort of not just vote . . . (but also) go around and look and watch other polling places and make sure that it's 100 percent fine. Sachelle Saunders, Donald Trump wants to fight voter fraud with observers, Orlando News 6 (August 17, 2017), http://www.clickorlando.com/news/politics/trumps-call-for-poll- I Attached as Exhibit B is a compilation of public statements by or on behalf of the President promoting the existence of voter fraud in connection with the 2016 election, despite no legitimate supportive facts or evidence. Page 13 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 14 of 64 observers-could-cause-trouble. Similarly, on October 1, 2017, thenCandidate Trump told an audience to: watch your polling booths because I hear too many stories about Pennsylvania, certain areas. . . . We can't lose an election because of, you know what I'm talking about. Robert Farley, Trump's Bogus Voter Fraud Claims, FactCheck.org (October 19, 2016), http://www.factcheck.org/2016/10/trumps-bogus- voter-fraud-claims/. These are just two examples, of many, of Mr. Trump encouraging people to go to polling sites to intimidate voters. 32. As another example, on October 17. 2016, then-Candidate Trump stated: They even want to try to rig the election at the polling booths. And believe me, there's a lot going on. Do you ever hear these people? They say there's nothing going on. People that have died 10 years ago are still voting. Illegal immigrants are voting. I mean, where are the street smarts of some of these politicians? ... So many cities are corrupt, and voter fraud is very, very common. Tribune news services, Trump wrongly insists voter fraud is 'very, very common,' Chicago Tribune (Oct. 17, 2016), http://www.chicagotribune.com/news/nationworld/politics/ct-donaldtrump-voter-fraud-20161017-story.html. Page 14 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 15 of 64 33. On November 27, 2016, shortly after the election, the President-Elect continued his baseless accusations about voter fraud, claiming without evidence that he actually won the national popular vote if "illegal" votes were deducted from the total. The President-Elect tweeted: In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally. Donald J. Trump (@realDonaldTrump), Twitter (Nov. 27, 2016, 3:30 p.m.), https://twitter.corn./realDonaldTrit nip/status/802972944532209 664. ABC News declared this statement "False," because "Trump offered no proof to back up this claim, and ABC News, which monitored all 50 states for voting irregularities on election night, has found no evidence of widespread voter fraud." 34. Soon after the inauguration, on January 25, 2017, President Trump tweeted: I will be asking for a major investigation into VOTER FRAUD, including those registered to vote in two states, those who are illegal and.... even, those registered to vote who are dead (and many for a long time). Depending on results, we will strengthen up voting procedures! Page 15 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 16 of 64 Donald J. Trump (@realDonaldTrump), Twitter (Jan. 25, 2017, 7:10 am), https://twitter.com/realDonaldTrump/status/824227824903090176, Donald J. Trump (@realDonaldTrump), Twitter (Jan. 25, 2017, 7:13 am), https://twitter.com/realDonaldTrump/status/824228768227217408. 35. With these tweets, the President stated his intention to create what would later become the Presidential Advisory Commission. The Presidential Advisory Commission Attempts to Collect State Voter Information 36. The Presidential Advisory Commission was established by Executive Order No. 13,799 on May 11, 2017 (the "Executive Order"). 82 Fed. Reg. 22,389(Exhibit A). Its Charter is attached as Exhibit C. 37. The Executive Order instructs the Presidential Advisory Commission to "study the registration and voting processes used in Federal elections." (Exhibit A). 82 Fed. Reg. at 22,389. The Executive Order does not contain any authority to collect personal voter data, to initiate investigations, or to seek the disclosure of state voter data. 38. On June 28, 2017, the Vice Chair of the Commission initiated a process to collect detailed voter information, including personal identifying information, from all 50 States and the District of Columbia. This request had never occurred before, notwithstanding the Page 16 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 17 of 64 existence of the U.S. Election Assistance Commission created by the Help America Vote Act of 2002. 52 U.S.C. §§ 20921-20930.2 39. Prior to all of the Presidential Advisory Commission's members being publicly named and sworn in, and before any duly noticed meetings, Vice Chair Kobach stated during a phone call with Presidential Advisory Commission members that "a letter w[ould] be sent today to the 50 States and District of Columbia on behalf of the Commission requesting publicly-available data from state voter rolls. . . ." (Exhibit D). Press Release, Office of the Vice President, Readout of the Vice President's Call with the Presidential Advisory Commission on Election Integrity (June 28, 2017). 40. According to the U.S. Census, state voter rolls include the names, addresses, and other personally identifiable information of as many as 157 million registered voters nationwide. U.S. Census Bureau, Voting and Registration in the Election of November 2016 at tbl. 4a 2 The U.S. Election Assistance Commission is empowered to conduct periodic studies of election administration including, among other things "[n]ationwide statistics and methods of identifying, deterring, and investigating voting fraud in elections for Federal office" and "[Methods of voter registration, maintaining secure and accurate lists of registered voters (including the establishment of a centralized, interactive, statewide voter registration list linked to relevant agencies and all polling sites), and ensuring that registered voters appear on the voter registration list at the appropriate polling site." 52 U.S.C. § 20981. Page 17 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 18 of 64 (May 2017), https://www.census.gov/data/tables/time- series/demo/voting-and-registration/p20-580.html. 41. Florida law makes certain voter information confidential and exempt from disclosure under any circumstances. Social security numbers, driver's license numbers, and the source of voter registration application cannot be released under any circumstances. § 97.0585, Florida Statutes (2016). Additionally, other voter information is confidential under certain circumstances. For instance, victims of domestic violence and stalking who are participants in the Attorney General's Address Confidentiality Program are exempt from public disclosure of voter registration information. § 97.0585(3). Also, categories of high-risk professionals can be exempt from disclosure of personal information including address, photograph, and date of birth. 42. The Florida Department of State, Division of Elections, is required to redact all protected exempt information for any requests for production of voter information. Page 18 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 19 of 64 43. One of the Vice Chair's letters, dated June 28, 2017, was sent to Florida Secretary of State Ken Detzner.(Exhibit E).3 44. These letters include a request for voter identifying information, including 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 available, voter history (elections voted in)from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information." Id. That same day of June 28, 2017, the U.S. Department of Justice sent a letter to every state covered by the National Voter Registration Act, 52 U.S.C. § 20501 ("NVRA") seeking "all statutes, regulations, written guidance, internal policies, or database user manuals that set out the procedures" each state has relating to various programs including, among other things, removing voters from voter registration rolls. The letter also discusses coordination between "state voter registration lists with state agency records on felony status and death." However, the DOJ letter does not appear to specifically request information about specific identifiable voters. A copy of the letter sent to Washington Secretary of State Kim Wyman is attached as Exhibit F and is believed to be representative of the letters to all states covered by the NVRA. Given the nearly identical timing and subject matter of the DOJ's letter and the Presidential Advisory Commission's letter, it appears that the Presidential Advisory Commission exists to obtain records that would be otherwise unavailable to the DOJ for the purpose of enacting policies and procedures to suppress the vote across the entire country. 3 Page 19 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 20 of 64 45. The Vice Chair's letters also sought "[w]hat evidence or information [the state had] regarding instances of voter fraud or registration fraud" and "[w]hat convictions for election related crimes ha[d] occurred in [the] state since the November 2000 federal election." (Exhibit E), 46. According to the Presidential Advisory Commission, any documents that are submitted to the full Commission w[ould] also be made available to the public." (Exhibit E). 47. According to the letters, the states' responses to the Presidential Advisory Commission are due by July 14, 2017. (Exhibit E). 48. The letter does not list a physical address for the Presidential Advisory Commission, leading some states, including Florida, to address the written response to the Vice Chair at his state government address in Topeka, Kansas. Withholding a physical address from the Commission's correspondence leads to records being produced at a location other than the federally identified address of the Presidential Advisory Commission. Page 20 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 21 of 64 49. The URL (https://safe.amrdec.army.mil/safe/Welcome.aspx) provided by the Presidential Advisory Commission for the transmission of voter registration data and information is a non-secure site, subjecting voters to having personal identifying information made available on the Internet and thus making them potential victims of identity theft. Visitors to this URL are informed that the connection is not secure" and are warned about your information . . . being stolen." (Exhibit G). Florida Leads the Nation in Fraud and Identity Theft, Making it Especially Imperative that Personal Voter Data be Secure 50. The procedures being employed by the Presidential Advisory Commission and the other federal Defendants leave the Plaintiffs and, in the case of the organizational Plaintiffs, their members, open to fraud and identity theft. 51. Florida leads the country in complaints for fraud and identity theft, and has for more than a decade. Maria LaMagna, Residents of these states are most vulnerable to identity theft, Market Watch (July 9, 2017), http://www.marketwatch.com/story/residents-ofthese-states-are-most-vulnerable-to-identity-theft-2017-07-07; William E. Gibson & Donna Gehrke-White, Florida leads nation in fraud, ID Page 21 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 22 of 64 theft, South Florida Sun-Sentinel (Mar. 3, 2015), http://www.sunsentinel.com/news/florida/fl-florida-leading-fraud-id-theft-20150303story.html. Additionally, among metropolitan areas across the United States, South Florida produces the most cases of fraud and identity theft. Id. 52. The federal Defendants' actions will serve to further compound this problem if the states transmit the requested voter data to the Presidential Advisory Commission. 53. Florida officials stated, in response to media inquiries about possible data breaches during the 2016 election, that "Florida's online elections databases and voting systems remained secure in 2016," and Florida has "secured its databases and put in firewalls to protect information, and the state has `no indication that any unauthorized access occurred." Jeff Pegues, Election databases in several states were at risk during 2016 presidential campaign, CBS News (June 13, 2017), http://www.cbsnews.com/news/election-databases-in-several-stateswere-at-risk-during-2016-presidential-campaign/. 54. Florida is also in the process of implementing a new online voter registration platform. There has been considerable legislative Page 22 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 23 of 64 debate about the platform's implementation, specifically to address security concerns to protect the public. Amy Sherman, Is online voter registration more secure? Florida state senator says yes, Politifact (Jan. 23, 2015), http://www.politifact.com/florida/statements/2015/jan/23/jeffclemens/online-voter-registration-more-secure-florida-stat/. 55. Florida's efforts to secure voter registration data and, therefore, its voters (including the Plaintiffs), from among other things, identity theft, will be undermined if personalized voter data is amassed and centralized into a non-secure federal database, as requested by the Presidential Advisory Commission. Opposition by States to Presidential Advisory Commission's Demand for Voter Identifying Information 56. At the present time, numerous state elections officials have publicly announced their intention to oppose the demand for personal voter data. Philip Bump & Christopher Ingraham, Trump Says States Are "Trying to Hide Things"from His Voter Fraud Commission. Here's What They Actually Say, Wash. Post (July 1, 2017), https://www.washingtonpost.com/news/wonk/wp/2017/07/01/trumpsays-states-are-trying-tohide-things-from - his-voter-fraud-commissionheres- what-they-actually-say!. Page 23 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 24 of 64 57. California Secretary of State Alex Padilla announced his state would "not provide sensitive voter information to a committee that has already inaccurately passed judgment that millions of Californians voted illegally. California's participation would only serve to legitimize the false and already debunked claims of massive voter fraud Press Release, Secretary of State Alex Padilla Responds to Presidential Election Commission Request for Personal Data of California Voters (June 29. 2017), http://www.sos.ca.gov/administration/news-releasesand-advisories/2017-news-releases-and-advisories/secretary-state-alexpadilla-responds-presidential-election-commission-request-personaldata-california-voters/. 58. Kentucky Secretary of State Alison Lundergan Grimes stated that "Kentucky w[ould] not aid a commission that is at best a waste of taxpayer money and at worst an attempt to legitimize voter suppression efforts across the country." Bradford Queen, Secretary Grimes Statement on Presidential Election Commission's Request for Voters' Personal Information, Kentucky (last accessed July 3, http://kentucky.gov/Pages/Activity-stream.aspx?n=SOS&prld=129. Page 24 of 64 017) Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 25 of 64 59. Virginia Governor Terry McAuliffe had "no intention of honoring [the] request." Terry McAuliffe, Governor McAuliffe Statement on Request from Trump Elections Commission (June 29, 2017), https://governor.virginia.govinewsroom/newsarticle?articleid=20595. 60. Mississippi Secretary of State Delbert Hosemann said, of the Vice Chair's letter: "My reply would be: They can go jump in the Gulf of Mexico, and Mississippi is a great state to launch from. Mississippi residents should celebrate Independence Day and our state's right to protect the privacy of our citizens by conducting our own electoral processes." Tal Kopan, Pence-Kobach voting commission alarms states info with request, CNN (July 1, 2017), http://www.cnn.com/2017/06/30/politics/kris-kob ach-voter-commissionrolls/index.html. 61. Despite several requests directed to the Florida Secretary of State to determine the State of Florida's position regarding the Presidential Advisory Commission request, Florida's Secretary of State only on the evening of July 6, 2017, announced that Florida will comply with the request by producing only publicly available information. Associated Press, Florida to hand over some voting information to Page 25 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 26 of 64 commission investigating voter fraud, Local 10 South Florida (July 6, 2017), https://www.local10.com/news/politics/florida-to-hand-over-somevoting-information-to-commission-investigating-voter-fraud. As of the time of this filing, Plaintiffs have no reason to believe the requested information has yet been provided to the Presidential Advisory Commission by the State of Florida. Nor is it clear exactly what voter information the State of Florida intends to transmit to the Commission. The Florida Secretary of State's letter confirming Florida's intention to produce voter information is attached as Exhibit H. 62. Public opposition to the Presidential Advisory Commission's request is mounting. Voting technology professionals wrote state election officials to warn that "R]here is no indication how the information will be used, who will have access to it, or what safeguards will be established." Letter from EPIC to Nat'l Ass'n of State Sec'ys (July 3, 2017), https://epic.org/privacy/voting/pacei/Voter-Privacy-letterto-NASS-07032017.pdf. 63. After public opposition to the Presidential Advisory Commission's request began to mount, the Vice Chair wrote an article for Breitbart News, in which he conceded that information like the last Page 26 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 27 of 64 four numbers of a voter's social security number" i "private," but that "Mlle Commission didn't request that information. Thus, there is no threat that the Commission's work might compromise anyone's privacy." Kris W. Kobach, Kobach: Why States Need to Assist the Presidential Commission on Election Integrity, Brietbart News (July 3, 2017), http://www.breitbart.comibig-government/2017/07/03/kobach- why-states-need-to-assist-the-presidential-commission-on-electionintegrity/. (Exhibit I). To the contrary, the Vice Chair's June 28, 2017 letter to the 50 States and the District of Columbia specifically requests, among other things, the "last four digits of social security number{s] (Exhibit E). 64. The President also responded to the news that numerous states were objecting to the production of voter data to the Presidential Advisory Commission, tweeting: Numerous states are refusing to give information to the very distinguished VOTER FRAUD PANEL. What are they trying to hide? Donald J. Trump (@realDonaldTrump), Twitter (July 1, 2017, 6:07am), https://twitter.com/realDonaldTrump/status/881137079958241280. Page 27 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 28 of 64 Absence of Privacy Impact Assessment 65. Under the E-Government Act of 2002 (18 Pub. L. 107-347, 116 Stat. 2899 (codified as amended at 44 U.S.C. § 3501 note)), every agency "initiating a new collection of information that (I) will be collected, maintained, or disseminated using information technology; and (II) includes any information in an identifiable form permitting the physical or online contacting of a specific individual" is required to complete a Privacy Impact Assessment ("PIA") before initiating such collection. 44 U.S.C. § 3501 note ("Privacy Impact Assessments"). 66. The agency must "(i) conduct a privacy impact assessment; (ii) ensure the review of the privacy impact assessment by the Chief Information Officer, or equivalent official, as determined by the head of the agency; and (iii) if practicable, after completion of the review under clause (ii), make the privacy impact assessment publicly available through the website of the agency, publication in the Federal Register, or other means." Id. 67. The Presidential Advisory Commission is an agency subject to the E-Government Act because it is an "establishment in the Page 28 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 29 of 64 executive branch of the Government," a category that "includ[es] the Executive Office of the President." 44 U.S.C. § 3502(1). 68. A Privacy Impact Assessment for a "new collection of information" must be "commensurate with the size of the information system being assessed, the sensitivity of information that is in an identifiable form in that system, and the risk of harm from unauthorized release of that information." § 3501 note ("Privacy Impact Assessments"). The PIA must specifically address "(I) what information is to be collected; (II) why the information is being collected; (III) the intended use of the agency of the information; (IV) with whom the information will be shared;(V) what notice or opportunities for consent would be provided to individuals regarding what information is collected and how that information is shared; [and] (VI) how the information will be secured ...." Id. 69. Under FACA, "records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by [an] advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the Page 29 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 30 of 64 agency to which the advisory committee reports until the advisory committee ceases to exist." 5 U.S.C. app. 2 § 10(b). 70. The Commission has not conducted a Privacy Impact Assessment for its collection of state voter data. 71. The Commission has not ensured review of a PIA by any Chief Information Officer or equivalent official. 72. The Commission has not published a PIA or made such an assessment available for public inspection. 73. The U.S. Congress has made no finding of a problem that would warrant creation of a nationwide voter database. There has been no congressional finding of a systemic and nationwide problem with voter registration files and voter history, including evidence of voter fraud, to justify the collection of state voter history and voter registration information by the federal government. Page 30 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 31 of 64 COUNT I Violations of the Federal Advisory Committee Act, 5 U.S.C. App. 2, et seq. Against Presidential Advisory Commission,Pence, Kobach,Executive Office of the President, Executive Office of the Vice President, Horne,and Mulvaney 74. Plaintiffs restate and incorporate paragraphs 1-73. 75. The Executive Order specifically contemplates that the Presidential Advisory Commission is governed by the Federal Advisory Committee Act, 5 U.S.C. App. 2, et seq. ("FACA"). See Executive Order 82 Fed. Reg. 22,389 at § 7(c) (Exhibit A). The Presidential Advisory Commission's Charter also states that the Commission "is established in accordance with . . . the Federal Advisory Committee Act[.]" (Exhibit C at If 2). The first notice of any meeting of the Presidential Advisory Commission published in the Federal Register, which was published on July 5, 2017, also states that the Commission was "established in accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C. App.. . ." 82 Fed. Reg. 31,063 (Exhibit J)(the "First Meeting Notice"). 76. However, Defendant Presidential Advisory Commission and the other federal Defendants have failed to comply with numerous of the FACA's clear requirements. Among other things, these Defendants Page 31 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 32 of 64 (a) failed to properly notice and conduct meetings, (b) failed to provide opportunities for public participation and input, (c) failed to make its membership fully known, (d) failed to make documents available to the public, and (e) conducted unlawful business not authorized by the Executive Order or any statute prior to all of the Commission's members being appointed and sworn in and without input or participation from the public or even most of the Commission's members. 77. "Because FACA's dictates emphasize the importance of openness and debate, the timing of such observation and comment is crucial to compliance with the statute. Public observation and comment must be contemporaneous to the advisory committee process itself. . . . If public commentary is limited to retrospective scrutiny, the Act is rendered meaningless." See Alabama-Tombigbee Rivers Coal. v. Dep't of Interior, 26 F.3d 1103, 1106 (11th Cir. 1994). 78. According to the Eleventh Circuit, "injunctive relief [is] the only vehicle that carries the sufficient remedial effect to ensure future compliance with FACA's clear requirements." Id. at 1107. It is the responsibility of the courts to see that the FACA is followed, even where Page 32 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 33 of 64 there are only "minor transgressions" of the FACA and where "the subject matter is serious" and "the objective is worthy." Id. at n.9. "Because the matters are so serious and of such great concern to so many with differing interests, it is absolutely necessary that the procedures established by Congress be followed to the letter." Id. 79. "[T]o allow the government to use the product of a tainted procedure would circumvent the very policy that serves as the foundation of the Act." Id. 80. First, the Presidential Advisory Commission and the other federal Defendants, including the Vice President and the Vice Chair on behalf of the Commission, began conducting official business prior to ever holding a meeting for which a notice was published in the Federal Register, prior to the appointment and swearing in of all of its members, and prior to any public participation or input being permitted. 81. The first meeting of the Commission for which a notice was published in the Federal Register is presently scheduled to take place on July 19, 2017. At that meeting, the Commission's members will be sworn in. Page 33 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 34 of 64 82. Yet, on June 28, 2017, the Vice Chair issued letters to the chief elections officials of all 50 States and the District of Columbia seeking personal information about every registered voter in the country, the effect of which would be to amass and centralize a federal voter database not authorized by the Executive Order or any statute, thereby indicating one or more earlier meetings of the Commission have taken place without any notice published in the Federal Register. 83. According to the Press Release, Office of the Vice President, Readout of the Vice President's Call with the Presidential Advisory Commission on Election Integrity (June 28, 2017), attached as Exhibit D, additional telephonic meetings, for which there was no notice published in the Federal Register, were unlawfully held. During the conference call with the Commission's members, the Vice Chair told the other members about the letters he sent to the 50 States and the District of Columbia on behalf of the Commission requesting voter data. 84. Thus, the Vice President and the Vice Chair acted unilaterally on behalf of the Presidential Advisory Commission, without the consent or participation of the public or even the majority of the members of the Commission, in sending the letters seeking voter Page 34 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 35 of 64 registration and personal information about every registered voter in the country, in violation of the FACA. 85. In fact, the Vice Chair's June 28, 2017 letter to each of the 50 States and the District of Columbia, which is printed on Presidential Advisory Commission letterhead and which bears the Seal of the President of the United States, requests that each jurisdiction receiving the letter respond by July 14, 2017, which is prior even to the first meeting of the Commission for which notice was published in the Federal Register, which is scheduled for July 19, 2017. 86. Second, the Presidential Advisory Commission and the other federal Defendants have failed to name all of its members before it began conducting business, in violation of the FACA. 87. Pursuant to 5 U.S.C. App. 2 § 2(b)(5), "the Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees." 88. Yet, as of July 9, 2017, various news reports have indicated that 11 members of the Commission have been appointed, including the Vice President as Chair, and including the Vice Chair. News reports also indicate that one of the members has since resigned from the Page 35 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 36 of 64 Commission, leaving the Commission with 10 members as of this date. Pursuant to the Executive Order, the Commission will have "no more than 15 additional members" besides the Vice President, for a maximum possible total of 16 members. To date, it is unclear whether additional members have been or will be appointed to the Commission, bringing the total above 10. To date, the Commission's members' swearing-in ceremony has not yet taken place because it is noticed for July 19, 2017, even though the Commission has already begun conducting business in violation of the FACA. 89. Third, the Presidential Advisory Commission and the other federal Defendants have failed to comply with the FACA's requirements regarding advance notice of meetings. 90. Pursuant to 41 C.F.R. § 101-6.1015(b), a regulation implementing the FACA: (b) Committee meetings. (1) The agency or an independent Presidential advisory committee shall publish at least 15 calendar days prior to an advisory committee meeting a notice in the FEDERAL REGISTER, which includes: (i) The exact name of the advisory committee as chartered; (ii) The time, date, place, and purpose of the meeting; (iii) A summary of the agenda; and (iv) A statement whether all or part of the meeting is open to the public or closed, and if closed, the reasons why, citing Page 36 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 37 of 64 the specific exemptions of the Government in the Sunshine Act(5 U.S.C. 552(b)) as the basis for closure. (2) In exceptional circumstances, the agency or an independent Presidential advisory committee may give less than 15 days notice, provided that the reasons for doing so are included in the committee meeting notice published in the FEDERAL REGISTER. 91. The Presidential Advisory Commission and its affiliated federal Defendants have violated 41 C.F.R. § 101-6.1015(b) in multiple regards, by holding meetings that were not noticed in the Federal Register whatsoever and taking action based upon those un-noticed meetings, including: a. Holding one or more meetings consisting solely of the Vice Chair and/or the Vice President (and possibly other members of the Trump administration, but not including the majority of the members of the Presidential Advisory Commission) that were not noticed in the Federal Register, which led to the Vice Chair sending out letters seeking voter information from all 50 States and the District of Columbia on June 28, 2017, all without the participation or input of the public or even the majority of the Commission's members; and Page 37 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 38 of 64 b. Holding one or more telephonic meetings that were not noticed in the Federal Register and that did not allow for public participation or input. 92 The meetings of the Commission referenced in the preceding paragraph violate 41 C.F.R. § 101-6.1015(b) for failing to provide any notice in the Federal Register whatsoever. 93. The Presidential Advisory Commission and its affiliated federal Defendants have also violated 41 C.F.R. § 101-6.1015(b) with regard to the first meeting for which a notice was published in the Federal Register, because the notice is legally deficient. 94. The first notice of any meeting of any kind of the Presidential Advisory Commission was published in the Federal Register on July 5, 2017, giving notice of an open meeting to take place on July 19, 2017. 82 Fed. Reg. 31,063 (Exhibit J) (the "First Meeting Notice"). Accordingly, even this First Meeting Notice violates 41 C.F.R. § 101-6.1015(b) in that it provides less than 15 days notice of the meeting and provides no reasons or exceptional circumstances for doing so, in violation of the FACA. Page 38 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 39 of 64 95. Fourth, the Presidential Advisory Commission and the other federal Defendants have failed to comply with the FACA's requirement that members of the public be permitted to attend the Commission's open meetings in person. 96. Pursuant to 41 C.F.R. § 101-6.1021(b), a regulation implementing the FACA: The agency head, or the chairperson of an independent Presidential advisory committee, shall ensure that— . . . (b) The meeting room size is sufficient to accommodate advisory committee members, committee or agency staff, and interested members of the public[.] 97. The Presidential Advisory Commission and its affiliated federal Defendants have violated 41 C.F.R. § 101-6.1021(b) with regard to its earlier un-noticed meetings in multiple regards, including by: a. Holding one or more meetings of the Commission that were not noticed in the Federal Register, in which the meeting room was not sufficient to accommodate interested members of the public (and in which the majority of the Commission's members were not even in attendance); and b. Holding one or more telephonic meetings of the Commission that were not noticed in the Federal Register, in Page 39 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 40 of 64 which the meeting room was necessarily not sufficient to accommodate interested members of the public because the meetings took place by telephone, and thus there was no meeting room. 98. The Presidential Advisory Commission and its affiliated federal Defendants have also violated 41 C.F.R. § 101-6.1021(b) with regard to the first meeting for which a notice was published in the Federal Register, because the notice is legally deficient. 99. open The First Meeting Notice states that the meeting "will be to the public https://www.whitehouse.gov/live." through This livestreaming indicates that on interested members of the public will not be permitted to attend and observe the meeting in person, in violation of 41. C.F.R. § 101-6.1021(b). 100. Fifth, the Presidential Advisory Commission and the other federal Defendants, including the Vice President, have failed to comply with the FACA's requirements to provide reasonable public participation in the Commission's activities. 101. Pursuant to 41 C.F.R § 101-6.1011(b), a regulation implementing the FACA, "Mlle chairperson of an independent Page 40 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 41 of 64 Presidential advisory committee shall comply with the Act and this subpart and shall: . . . (b) [flulfill the responsibilities of an agency head as specified in paragraphs (d), (h) and (j) of §101-6.1009 . . . . 41 C.F.R. § 101-6.1009(h), referenced therein, provides that: The head of each agency that uses one or more advisory committees shall ensure: . . . (h) The opportunity for reasonable public participation in advisory committee activities[.] 102. Thus, the Presidential Advisory Commission's refusal to allow in-person attendance at its meetings, along with the Commission having taken action by, at a minimum, sending letters to all 50 States and the District of Columbia seeking voter data to amass and centralize a federal voter database, without any public participation or input, violates the Vice President's obligations as the Chair of the Commission under the FACA to provide for reasonable public participation in the Commission's activities. 103. The Vice President's and Vice Chair's unilateral actions on behalf of the Presidential Advisory Commission, without even the input of the majority of the Commission's members, in seeking to collect voter data from all 50 States and the District of Columbia to amass and centralize a federal voter database without first (a) making known the Page 41 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 42 of 64 final makeup of the Commission's members, (b) holding any meetings for which notice(s) were published in the Federal Register, (c) swearing in the Commission's members, or (d) providing any opportunity for public comment, participation, or input, necessarily violates the FACA because "[p]ublic observation and comment must be contemporaneous to the advisory committee process itself." See Alabama-Tombigbee Rivers Coal., 26 F.3d at 1106. 104. Sixth, the Presidential Advisory Commission and the other federal Defendants have failed to make available for public inspection a privacy impact assessment for the collection of voter data. 105. Seventh, the Defendants have failed to comply with 5 U.S.C. app. 2 § 10(b), which provides that "the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist." Page 42 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 43 of 64 106. As just one example, the Vice Chair's June 28, 2017 letter to each of the 50 States and the District of Columbia, which is printed on Presidential Advisory Commission letterhead and which bears the Seal of the President of the United States, does not contain any physical address for the Commission. As a result, certain documents are being sent to the Vice Chair at his state government address in Topeka, Kansas, rather than at "a single location in the offices of the advisory committee" in Washington, D.C., as in the case of Florida Secretary of State Ken Detzner's July 6, 2016 response to the Vice Chair attached hereto as Exhibit H. It is unclear whether the Vice Chair and the other Commission members have transmitted, and whether they will transmit, all records received by them individually or on behalf of the Commission to the Commission's office for public record keeping purposes. Unless the Defendants are enjoined to comply with all laws, including those of the FACA pertaining to access to documents, Plaintiffs and the public at large will necessarily lack confidence that the Commission is operating with the requisite transparency and in the sunshine. Page 43 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 44 of 64 107. Defendants may have committed additional violations of the FACA not presently known to the Plaintiffs, especially in light of the Defendants' various violations of the FACA that have kept the public in the dark about the Presidential Advisory Commission's conduct. 108. Plaintiffs are, individually and in their representative capacities, adversely affected and aggrieved by the Defendants' actions and inaction. 109. Unless the Court declares the actions of the Presidential Advisory Commission, the Vice President, the Vice Chair, and the other federal Defendants to be illegal and enters an order or orders granting injunctive relief to require the Defendants to follow all legal requirements, Plaintiffs, individually and in their representative capacities, will be entered, without their prior knowledge or consent, into an unauthorized national database—the use of which has not been explained—controlled by the whims of the Commission's directors, that is not authorized by any statute or even the Executive Order, and that is the product of numerous violations of the FACA. Page 44 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 45 of 64 COUNT II Exceeding the Authority of the Executive Order Against Presidential Advisory Commission,Pence, Kobach,Executive Office of the President, Executive Office of the Vice President, Horne,and Mulvaney 110. Plaintiffs restate and incorporate paragraphs 1-73. 111. By Executive Order, the purported mission of the Presidential Advisory Commission is to "study the registration and voting processes used in Federal Elections." The Presidential Advisory Commission is then to submit a report identifying laws and actions that "enhance" or "undermine" the American people's confidence in voting systems used for federal elections. It is also supposed to identity and report vulnerabilities in voting systems and practices used for federal elections. 112. The Executive Order does not empower the Presidential Advisory Commission to amass and centralize a federal database of voters and then publicize it. 113. Through its letters to the 50 States and the District of Columbia, the Presidential Advisory Commission has breached and exceeded its authority under the Executive Order by, inter alia, Page 45 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 46 of 64 (a) Seeking to amass and centralize a federal database of voters with personal and of voters that includes party affiliation, voting history, social security number, military history, criminal history, and address. (b) Seeking to place this voter data on an unsecure or otherwise suspect server. (c) Seeking to make the data that it obtains public. (d) Violating Section 5 of the Executive Order. That is, by creating a federal database, the Commission is duplicating the work of existing government entities, namely the States and the District of Columbia, as well as the independent commissions such as the Federal Election Commission and the U.S. Elections Assistance Commission. 114. Plaintiffs are, individually and in their representative capacities, adversely affected and aggrieved by Defendants' actions and inaction. Page 46 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 47 of 64 COUNT III Breaches and Violations of Constitutional Separation of Powers and Article II Against Presidential Advisory Commission,Pence, Kobach,Executive Office of the President, Executive Office of the Vice President, Horne,and Mulvaney 115. Plaintiffs restate and incorporate paragraphs 1-73. 116. Pursuant to the U.S. Constitution, the powers of the three branches are separated. 117. The Framers of the Constitution placed Congress's power in Article I. Executive power follows in Article II. 118. Under the U.S. Constitution, Congress is given the power to enforce and protect, through legislation, the right to vote and the election system. The U.S. Constitution gives no power to the Executive Branch concerning the election system or its integrity. Any power the Executive does have to enforce the right to vote or to protect the electoral process is its general enforcement power and its obligation to execute and enforce Congressional acts and laws — faithfully. 119. Under Article I, Congress is given the exclusive federal power to make laws and regulate elections: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be Page 47 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 48 of 64 prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations . . . ." Art. I, § 4, U.S. Const, 120. Under the 14th, 15th, 19th, 24th, and 26th Amendments to the U.S. Constitution, the right to vote was secured for AfricanAmericans, women, 18-year olds, and poll taxes were eliminated. In each Amendment, Congress was given the power to enforce these rights with legislation. Each of these Amendments conclude with nearly identical language: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The Executive is not mentioned. 121. Using its Article I Powers, Congress has created the exclusive legal regime over the enforcement of elections and the right to vote, to safeguard the integrity of the voting systems, and to otherwise regulate the integrity of elections. Such legislation includes, inter alia: The Voting Rights Act of 1965; The National Voter Registration Act of 1993 (Motor Voter Law); and the Help America Vote Act of 2002. These laws are aimed at protecting election integrity and the right to vote. The U.S. Court of Appeals for the Eleventh Circuit explained that the Page 48 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 49 of 64 Help America Vote Act "represents Congress's attempt to strike a balance between promoting voter access to ballots on the one hand and preventing voter impersonation fraud on the other." Fla. State Conference of N.A.A.C.P. r. Browning, 522 F.3d 1153, 1168 (11th Cir. 2008). 122. The Executive Branch has limited, enumerated powers under Article II of the U.S. Constitution. 123. Nowhere in the Constitution or through Acts of Congress is the Executive granted or delegated any power to amass and centralize a national database of voters that includes party affiliation, voting history, social security numbers, military history, criminal history, address, or any other of the personal data the Presidential Advisory Commission requested. 124. To the extent the Executive has implied or express powers through the enforcement and execution of Congressional Acts including its limited and delegated authority to establish sunshine, transparent, out-in-the-open commissions under FACA — nowhere does Congress or the Constitution contemplate that the Executive can amass and centralize a national voter database. Page 49 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 50 of 64 125. The Commission's acts here are unprecedented. 126. One of the Executive's duties is that "he shall take care that the laws be faithfully executed." The Executive — through the Presidential Advisory Commission — is not faithful to the execution of any law. Rather, the Executive is pursuing a widely disputed complaint that millions voted illegally in the 2016 election. 127. The creation and the activities of the Executive's Presidential Advisory Commission unconstitutionally intrude into the Article I powers of Congress over the electoral system, its authority over the protection of the vote, and its authority over the integrity of the election system. The presidential creation of the Presidential Advisory Commission and its ongoing activities violate the separation of powers of the U.S. Constitution, 128. These actions have exceeded the scope of the Executive's Article II powers and have otherwise breached Article II. 129. These transgressions of Separation of Powers principles as well as Article II limitations and duties include, inter alia, the following acts and omissions: Page 50 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 51 of 64 a. Using the Presidential Advisory Commission to amass and centralize a federal database with personal and private information of voters. b. Creating a commission that is not tied to any of the Executive's enumerated Article II powers or to any congressional enactment or authorization. c. Creating the Presidential Advisory Commission based on a myth of voter fraud and without any legitimate factual finding to support its purported mission. d. Creating the Presidential Advisory Commission as a ruse to do what the Executive cannot otherwise do — amass and centralize a federal database with personal and private voter information. e. Failing to faithfully execute any law through the creation of and workings of the Presidential Advisory Commission. f. Failing to prevent the commission from exceeding its purported authority and purpose as set forth in Section 5 of the Executive Order. That is, by creating a federal Page 51 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 52 of 64 the database, Presidential Advisory Commission is duplicating the work of existing government entities, namely the states commissions and other such as existing, independent election the U.S. Election Assistance Commission and Federal Election Commission. g. Failing to prevent the Presidential Advisory Commission from exceeding its purported authority and purpose as set forth in the Executive Order. The Order does not direct the Presidential Advisory Commission to amass and centralize a federal database of voters' personal and private information. h. Failing to prevent the Presidential Advisory Commission from not disclosing its work materials and full membership as required under the Federal Advisory Committee Act, and to otherwise adhere to the FACA disclosure and sunshine requirements as more fully set forth in Count I. i. Failing to prevent the commission from exceeding its purported authority and purpose as set forth in Section 5 Page 52 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 53 of 64 of the Executive Order. That is, by creating a commission whose goal, in the written word, is to protect voting integrity through study of the registration process and voting processes in Federal Elections, the Presidential Advisory Commission is duplicating the work of existing government entities, namely the states and other existing, independent election commissions such as the U.S. Election Assistance Commission and Federal Election Commission. The creation and the activities of the Presidential Advisory Commission unconstitutionally intrude into the Article I powers of Congress over the electoral system, its authority over the protection of the vote, and its authority over the integrity of the election system. The Presidential Advisory Commission's actions violate the separation of powers delineated in the U.S. Constitution. k. Failing to faithfully execute FACA. Page 53 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 54 of 64 COUNT W Violation of The Paperwork Reduction Act, 44 U.S.C.§ 3501, et seq. Against Presidential Advisory Commission,Pence, Kobach,Executive Office of the President, Executive Office of the Vice President, Horne,and Mulvaney 130. Plaintiffs restate and incorporate paragraphs 1-73. 131. The Paperwork Reduction Act of 1995 ("PRA") was designed for multiple purposes, but most notably was intended to minimize the burden on the public and on state governments, to ensure the "greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government." 44 U.S.C. § 3501 (2017). 132. For purposes of the PRA, "the term 'agency' means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. . . ." 44 U.S.C. § 3502 (2017). The Presidential Advisory Commission is not otherwise specifically excluded. More particularly, the Executive Office of the Page 54 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 55 of 64 President is specifically included as an agency bound by the requirements of the PRA. 133. Agencies, such as the Presidential Advisory Commission, when seeking information from more than 10 respondents, must receive approval from the Office of Management and Budget ("OMB") prior to the collection of information. 134. The OMB is tasked with promulgating the Federal Regulations to effectuate the mandates of the PRA. 135. Prior to its collection of information directed at more than ten respondents, namely each of the 50 States and the District of Columbia, the Presidential Advisory Commission must strictly comply with statutory prerequisites. See 44 U.S.C. § 3506 (2017). 136. This includes, in part, preparing for the Director of the OMB a review that identifies the plan for collection of information, inventory, and control numbers for each item, and that: (iii) informs the person receiving the collection of information of — (I) the reasons the information is being collected; (II) the way such information is to be used; (III) an estimate, to the extent practicable, of the burden of the collection; (IV) whether responses to the collection of information are voluntary, required to obtain benefit, or mandatory; and Page 55 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 56 of 64 (V) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number. 44 U.S.C. § 3506(c)(1)(B)(iii). 137. The PRA also requires that the agency must "provide 60-day notice in the Federal Register, and otherwise consult with members of the public and affected agencies concerning each proposed collection of information," 44 U.S.C. § 3506(c)(2)(A), and to solicit comments from the public in order to, in pertinent part: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (ii) evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques or other forms of information technology[.] Id. 138. Defendants' have not complied with, nor have they attempted to comply with, any of the required actions of the PRA. 139. Defendants' collection of the information sought prior to complying with the requirements of the PRA is arbitrary, capricious, an Page 56 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 57 of 64 abuse of discretion, or otherwise not in accordance with law under 5 U.S.C. § 706(2)(a) and short of statutory right under 5 U.S.C. § 706(2)(c). 140. The Commission is prohibited from collecting information unless in advance of the collection of information the agency has completed all prerequisites pursuant to the prior sections and other items set forth in 44 U.S.C. § 3507. 141. Plaintiffs are, individually and in their representative capacities, adversely affected and aggrieved by Defendants' actions and inaction. 142. The only remedy that will grant full relief to Plaintiffs for these violations of the Paperwork Reduction Act is an order enjoining the Defendants to comply with the PRA prior to the collection of any information by the Presidential Advisory Commission. Page 57 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 58 of 64 COUNT V Violation of Florida Statute § 97.0585: Information Regarding Voters and Voter Registration Confidentiality Against Presidential Advisory Commission and Detzner 143. Plaintiffs restate and incorporate paragraphs 1-73. 144. The Florida Constitution guarantees the right of privacy to all persons, Art. I, § 23, Florida Constitution: Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law. 145. Florida law provides for the confidentiality of certain voter information and voting registration data in § 97.0585, Florida Statutes: Public records exemption; information regarding voters and voter registration; confidentiality.— (1) The following information held by an agency as defined in s. 119.011 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may be used only for purposes of voter registration: (a) All declinations to register to vote made pursuant to ss. 97.057 and 97.058. (b) Information relating to the place where a person registered to vote or where a person updated a voter registration. Page 58 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 59 of 64 (c) The social security number, driver license number, and Florida identification number of a voter registration applicant or voter. (2) The signature of a voter registration applicant or a voter is exempt from the copying requirements of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (3) This section applies to information held by an agency before, on, or after the effective date of this exemption. 146. The Presidential Advisory Commission's request for voter identifying information includes information deemed confidential under Florida law. 147. The Florida Secretary of State is obligated by the Florida Constitution and laws to preserve and maintain the confidentiality of exempt voter registration information. The Florida Secretary of State must be prohibited from disclosing the private, protected confidential information to the Presidential Advisory Commission. Minimally, the Florida Secretary of State must be enjoined to comply with the requirements in Fla. Stat. § 119.07(1)(d) by redacting any private, protected confidential information to the Presidential Advisory Commission. 148. On July 6, 2017, Defendant Detzner issued a press statement indicating he would comply with the Commission's request Page 59 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 60 of 64 for personal voter registration information from Florida's voter database. Defendant Detzner also stated that in doing so, he will comply with the restrictions set forth in § 97.0585 which prohibit the sharing of a voter's social security number and Driver's License number. To ensure Defendant Detzner complies with § 97.0585, and to prohibit the Commission from attempting to obtain that protected information from any other source, Plaintiffs seek an injunction pursuant to § 97.0585 to preclude disclosure of the social security numbers and Driver's License numbers of Florida voters. 149. At the time of this filing, it is not known whether the Florida Secretary of State has already transmitted the voter data to the Commission, and if so whether he has transmitted only that information permitted to be disclosed under Florida constitutional and statutory provisions cited above, nor whether the transmission of data has been made using a secure method of transmission. 150. To the extent the Presidential Advisory Commission seeks disclosure of private voter information, the request for information is contrary to Florida law Page 60 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 61 of 64 151. Plaintiffs are, individually and in their representative capacities, adversely affected and aggrieved by Defendants' actions and inaction. REQUESTED RELIEF Plaintiffs request that this Court: A Order expedited consideration; B. Declare that the Presidential Advisory Commission and its members have violated the FACA and enjoin the Presidential Advisory Commission and its members from conducting any business unless and until the FACA is fully complied with, and further enjoin all of the federal Defendants from utilizing the products of any materials or information obtained or produced in violation of the FACA; C. Declare and hold unlawful and set aside Defendants' authority to collect personal voter data from the states; D. Order Defendants to halt collection of personal voter data; E. Order Defendants to securely delete and properly disgorge any personal voter data collected or subsequently received; F. Order Defendants to promptly conduct a privacy impact assessment prior to the collection of personal voter data; Page 61 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 62 of 64 G. Declare that the Presidential Advisory Commission and its members have violated the PRA and enjoin the Presidential Advisory Commission and its members from conducting any business unless and until the PRA is fully complied with, and further enjoin all of the federal Defendants from utilizing the products of any materials or information obtained or produced in violation of the PRA; H. Order Defendant Florida Secretary of State to withhold voter-identifying information from the Presidential Advisory Commission; I. Award costs and reasonable attorney's fees incurred in this action; and J. Grant such other relief as the Court may deem just and proper. Dated: July 10, 2017 Respectfully submitted, S/ H.K. Skip Pita H.K. SKIP PITA Florida Bar No. 101974 PITA WEBER DEL PRADO 9350 S. Dixie Hwy., Suite 1200 Miami, FL 33156 Tel:(305) 670-2889 Fax:(305) 670-6666 spita@pwdlawfirm.com S/ Jason B. Blank JASON B. BLANK Florida Bar No. 28826 HABER BLANK,LLP 888 S. Andrews Ave., Suite 201 Fort Lauderdale, FL 33316 Tel:(954) 767-0300 Fax:(954) 949-0510 eservice@haberblank.com jblank@haberblank.com Page 62 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 63 of 64 S/ Benedict P. Kuehne BENEDICT P. KUEHNE Florida Bar No. 233293 MICHAEL T. DAVIS Florida Bar No. 63374 KUEHNE DAVIS LAW,P.A. 100 SE 2 Street, Suite 3550 Miami, FL 33131-154 Tel:(305) 789-5989 Fax:(305) 789-5987 ben.kuehne@kuehnelaw.com mdavis@kuehnelaw.com efiling@kuehnelaw.com S/ Marc A. Burton MARC A. BURTON Florida Bar No. 95318 S/ Daniel J. Poterek DANIEL J. POTEREK Florida Bar No. 85204 THE BURTON FIRM,P.A. 2999 N.E. 191 Street, Suite 805 Miami, Florida 33180 Tel:(305) 705-0888 Fax:(305) 705-0008 mburton@theburtonfirm.com dpoterek@theburtonfirm.com pleadings@theburtonfirm.com S/ Larry S. Davis LARRY S. DAVIS Florida Bar No. 437719 S/ Shana Korda SHANA KORDA Florida Bar No. 109504 LAW OFFICE OF LARRY S. DAVIS,P.A. 1926 Harrison Street Hollywood, FL 33020-5018 Tel:(954) 927.4249 Fax:(954) 927-1653 larry@larrysdavislaw.com shana@larrysdavislaw.com courtdocs@larrysdavislaw.com S/ Freddy Funes FREDDY FUNES Florida Bar No. 87932 S/ Gerald Greenberg GERALD GREENBERG Florida Bar No. 440094 S/ Jarred L. Reiling JARRED L. REILING Florida Bar No. 93930 S/ Adam Schachter ADAM SCHACHTER Florida Bar No. 647101 GELBER SCHACHTER & GREENBERG,P.A. Cooperating Counsel American Civil Liberties Union Foundation of Florida 1221 Brickell Avenue, Suite 2010 Miami, FL 33131-3224 Tel:(305) 728-0950 Fax:(305) 728-0951 jreiling@gsgpa.com Page 63 of 64 Case 1:17-cv-22568-MGC Document 1 Entered on FLSD Docket 07/10/2017 Page 64 of 64 S/ Nancy G. Abudu NANCY G. ABUDU Florida Bar No. 111881 Legal Director AMERICAN CIVIL LIBERTIES UNION OF FLORIDA 4343 W. Flagler St., Suite 400 Miami, FL 33134 Tel:(786) 363-2707 Fax:(786) 363-1108 nabudu@aclufl.org S/ Joseph S. Geller JOSEPH S. GELLER Florida Bar No. 292771 GREENSPOON MARDER,P.A. 200 E. Broward Blvd., Suite 1500 Fort Lauderdale, FL 33301-1874 Tel:(954) 491-1120 Fax:(954) 331-2037 joseph.geller@gmlaw.com Page 64 of 64 Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 1 of 40 EXHIBIT A 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 2 of 40 22389 Federal Register Presidential Documents Vol. 82, No. 93 Tuesday, May 16, 2017 Title 3— Executive Order 13799 of May 11, 2017 The President Establishment of Presidential Advisory Commission on Election Integrity By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote fair and honest Federal elections, it is hereby ordered as follows: Section 1. Establishment. The Presidential Advisory Commission on Election Integrity(Commission)is hereby established. Sec. 2. Membership. The Vice President shall chair the Commission, which shall be composed of not more than 15 additional members. The President shall appoint the additional members, who shall include individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts, and any other individuals with knowledge or experience that the President determines to be of value to the Commission. The Vice President may select a Vice Chair of the Commission from among the members appointed by the President. Sec. 3. Mission. 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 the following: (a) those 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; (b) those 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; and (c) 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. Sec. 4. Definitions. For purposes of this order: (a) The term "improper voter registration" means any situation where an individual who does not possess the legal right to vote in a jurisdiction is included as an eligible voter on that jurisdiction's voter list, regardless of the state of mind or intent of such individual. (b) The term "improper voting" means the act of an individual casting a non-provisional ballot in a jurisdiction in which that individual is ineligible to vote, or the act of an individual casting a ballot in multiple jurisdictions, regardless of the state of mind or intent of that individual. (c) The term "fraudulent voter registration" means any situation where an individual knowingly and intentionally takes steps to add ineligible individuals to voter lists. (d) The term "fraudulent voting" means the act of casting a non-provisional ballot or multiple ballots with knowledge that casting the ballot or ballots is illegal. Sec. 5. Administration. The Commission shall hold public meetings and engage with Federal, State, and local officials, and election law experts, as necessary, to carry out its mission. The Commission shall be informed by, and shall strive to avoid duplicating, the efforts of existing government entities. The Commission shall have staff to provide support for its functions. Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 3 of 40 22390 Federal Register / Vol. 82, No. 93/Tuesday, May 16, 2017/ Presidential Documents Sec. 6. Termination. The Commission shall terminate 30 days after it submits its report to the President. Sec. 7. General Provisions. (a) 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 on a reimbursable basis. (b) Relevant executive departments and agencies shall endeavor to cooperate with the Commission. (c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services. (d) Members of the Commission shall serve without any additional compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707). (e) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (f) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (g) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees,or agents, or any other person. THE WHITE HOUSE, May //, 2017. [FR Doc. 2017-10003 Filed 5-15-17; 8:45 am] Billing code 3295—F7—P Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 4 of 40 EXHIBIT Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 5 of 40 NON-EXHAUSTIVE COMPILATION OF STATEMENTS BY OR ON BEHALF OF THE PRESIDENT CONCERNING VOTER FRAUD IN THE 2016 ELECTION 1. In August 2016, then-Candidate Trump told an audience that: The only way they can beat me, in my opinion, and I mean this 100 percent, is if in certain sections of the state, they cheat, OK.. . So I hope you people can sort of not just vote . . . (but also) go around and look and watch other polling places and make sure that it's 100 percent fine. Sachelle Saunders, Donald Trump wants to fight voter fraud with observers, Orlando News 6 (August 17, 2017), http://www.clickorlando.com/news/politics/trumps-call-for-pollobservers-could-cause-trouble. Similarly, on October 1, 2017, thenCandidate Trump told an audience to: watch your polling booths because I hear too many stories about Pennsylvania, certain areas. . . . We can't lose an election because of, you know what I'm talking about. Robert Farley, Trump's Bogus Voter Fraud Claims, FactCheck.org (October 19, 2016), http://www.factcheck.org/2016/10/trumps-bogusvoter-fraud-claims/. These are just two examples, of many, of Mr. Trump encouraging people to go to polling sites to intimidate voters. 2. On October 17, 2016, then-Candidate Trump stated: Page 1 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 6 of 40 They even want to try to rig the election at the polling booths. And believe me, there's a lot going on. Do you ever hear these people? They say there's nothing going on. People that have died 10 years ago are still voting. Illegal immigrants are voting. I mean, where are the street smarts of some of these politicians? ... So many cities are corrupt, and voter fraud is very, very common. Tribune news services, Trump wrongly insists voter fraud is 'very, very common,' Chicago Tribune (Oct. 17, 2016), http://www.chicagotribune.com/news/nationworld/politics/ct-donald trump-voter-fraud-20161017-story.html. 3. That same day (October 17 2016), then-Candidate Trump also tweeted, with no evidence: Of course there is large scale voter fraud happening on and before election day. Why do Republican leaders deny what is going on? So naive! Donald J Trump (@realDonaldTrump), Twitter (Oct. 17, 2016, 8:33am), lttips://tu,itter.com/realDon,aldTruinp/status/ 787995025527 410688. 4. On October 19, 2016, now-Counselor to the President Kellyanne Conway, during the presidential campaign, indicated that she did not believe there would be voter fraud during the 2016 election, stating: "Absent overwhelming evidence that there is, it would not be Page 2 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 7 of 40 for me to say that there is[.]" "[W]hen pressed about specific instances of voter fraud, Conway appeared to suggest that the 'rigged' system was not meant to be taken literally, and was simply a rhetorical catch-all for what the campaign view[ed] as injustices in the American political system.' Conway added: I think everyone is missing his larger point. . . . It is a rigged, corrupt system, whether you believe it's rigged and corrupt at the polls or whether you believe it's rigged and corrupt in that we have a $19 trillion debt and people who are there for years and years, if not decades. Maxwell Tani, Donald Trump's campaign manager said she doesn't believe there will be voter fraud, Business Insider (Oct. 19, 2017), http://www.b usinessinsider.com/kellyanne-conway-donaldtrumprigged-voter-fraud-2016- 10. 5. On November 27, 2016, shortly after the election, the President-Elect continued his baseless accusations about voter fraud, claiming without evidence that he actually won the national popular vote if illegal" votes were deducted from the total. The President-Elect tweeted: In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally. Page 3 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 8 of 40 Donald J. Trump (@realDonaldTrump), Twitter (Nov. 27, 2016, 3:30pm), https://twitter.com/realDonaldTrump/status/802972944532 209664. ABC News declared this statement "False, because "Trump offered no proof to back up this claim, and ABC News, which monitored all 50 states for voting irregularities on election night, has found no evidence of widespread voter fraud." Lauren Pearle, Fact-Checking Trump's Claims About 'Serious Voter Fraud,' ABC News (Nov. 28, 2016), http://abcnews.go.com/Politics/fact-checking-trumps-claims-voterfraudistory?id=43820475. 6. That same day (November 27, 2016), the President-Elect also tweeted, without evidence, that: Serious voter fraud in Virginia, New Hampshire and California - so why isn't the media reporting on this? Serious bias - big problem! Donald J. Trump (@realDonaldTrump), Twitter (Nov. 27, 2016, 7:31pm), https://twitter.com/realDonaldTrump/status/803033642545 115140. ABC News declared this statement "False," because "Trump offered no proof to back up this claim, and ABC News found no evidence of widespread voter fraud in those states." Lauren Pearle, FactChecking Trump's Claims About 'Serious Voter Fraud,'ABC News(Nov. Page 4 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 9 of 40 28, 2016), http://abcnews.go.com/Politics/fact-checking-trumps-claim svoter-fraud/story?id=43820475. 7. On November 28, 2017, after another presidential candidate had requested a statewide recount in Wisconsin after the election, Spokesman for the Transition Team of the President-Elect, Jason Miller, stated, with no evidence, that: If this much attention and oxygen is going to be given to a completely obnoxious, throwaway fundraising scheme by someone like [the opposing presidential candidate], then there should be actual substantive looks at overall examples of voter fraud and illegal immigrants voting in recent years. Brent Griffiths, Trump spokesman fails to back up Trump claim of voter Politico fraud, (Nov. 28, 2016), http://www.politico.com/story/2016/11/trump-voter-fraud-jason-miller231883. No evidence was provided in support of the assertions about "voter fraud and illegal immigrants voting in recent years." 8. On November 30, 2017, Kansas Secretary of State and now- Vice Chair of the Presidential Advisory Commission on Election Integrity, Kris Kobach, stated, despite all legitimate evidence to the contrary, that: Page 5 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 10 of 40 I think the president-elect is absolutely correct when he says the number of illegal votes cast exceeds the popular vote margin . . . . As reported by The Wichita Eagle, Secretary Kobach "had no tangible evidence to support that statement." Secretary Kobach explained that: This is the problem with aliens voting and registering. There's no way you can look at the voter rolls and say this one's an alien, this one's a citizen[.] . . . Once a person gets on a voter roll, you don't have any way of easily identifying them as aliens, so you have to rely on post-election studies. Bryan Lowry, Kobach backs Trump's unsupported claim of millions illegally voting, The Wichita Eagle (Nov. 30, 2016), http://www.kansas.com/news/politicsgovernment/election/article 117933098.html. 9. On December 2, 2016, now-Counselor to the President Kellyanne Conway stated, on ABC's "Good Morning America," that: the president-elect has been talking to different people including Kris Kobach, [secretary of state] of Kansas, about voting irregularities or the number of illegal votes that may have been cast, and I believe that he bases his information on that. and Well, [the President-Elect has] been receiving information about the irregularities and about the illegal votes, particularly from sources, officials like Kris Kobach as I Page 6 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 11 of 40 mentioned, but he is messaging to his supporters and to the rest of the country the way he feels. Emily Shapiro, Kellyanne Conway Dodges Question on Trump's Claim. That Millions' Voted Illegally, ABC News (Dec. 2, 2016), http://abcnews.go.com/Politics/kellyanne-conway-dodges-questiontrumps-claim-millions-voted/story?id=43924056. 10. Shortly after the inauguration, on or about January 23, 2017, the President claimed to members of Congress that people who are in the country illegally caused him to lose the popular vote by almost 3 million votes. When asked about the President's statement, White House Press Secretary Sean Spicer stated that "It was a comment that he made on a long-standing belief," and "He believes what he believes." David Jackson, Spicer: Trump believes voter fraud claim despite lack of evidence, USA Today (Jan. 24, 2017), https://www.usatoday.com/story/news/politics/2017/01/24/donald-trumpsean-spicer-lindsey-graham/96994440/. 11. On January 25 2017, the President tweeted: I will be asking for a major investigation into VOTER FRAUD, including those registered to vote in two states, those who are illegal and.... Page 7 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 12 of 40 even, those registered to vote who are dead (and many for a long time). Depending on results, we will strengthen up voting procedures! Donald J. Trump (@realDonaldTrump), Twitter (Jan. 25, 2017, 7:10 am), https://twitter.com/realDonaldTrump/status/824227824903090176 , Donald J. Trump (@realDonaldTrump), Twitter (Jan. 25, 2017, 7:13 am), https://twitter.com/realDonaldTrump/status/824228768227217408. 12. On January 26, 2017, Counselor to the President Kellyanne Conway previewed the new administration's concern about voter fraud, stating about the President: He knows there are dead people registered, there are illegal people registered, and he wants to get to the bottom of that without an election on the horizon. Usually, people get all exercised about electoral reform after something goes wrong or ballot integrity when we're about to have an election. Transcript, Kellyanne Conway on Trump's voter fraud claims, Mexico and the media, PBS NewsHour (Jan. 26, 2017), http://www.pbs.org/newshour/bb/kellyanne-conway-trumps-voter-fraudclaims-mexico-media/. No evidence was provided. 13. Senior Advisor to the President Stephen Miller, claimed on February 12, 2017: You have millions of people who are registered in two states or who are dead who are registered to vote. And you have 14 Page 8 of 9 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 13 of 40 percent of noncitizens, according to academic research, at a minimum, are registered to vote, which is an astonishing statistic. Madeline Farber, White House's Stephen Miller Doubles Down on Voter Fraud Claim, But Gives No Evidence, TIME (Feb. 12, 2017), http://time.com/4668222/stephen-miller-voter-fraud-georgestephanopolos/, Associated Press, Fact check: Trump aide pushes false story of vote fraud, Honolulu Star Advertiser (Feb. 13, 2017), http://www.staradvertiser.com/2017/02/13/breaking-news/fact-checktrump-aide-pushes-false-story-of-vote-fraud/. This statement, too, has been universally rejected by elections professionals. Page 9 of 9 Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 14 of 40 EXHIBIT Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 15 of 40 CHARTER PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY 1. Committee's Official Designation. Presidential Advisory Commission on Election Integrity ("Commission"). 2. Authority. The Commission is established in accordance with Executive Order 13799 of May 11,2017,"Establishment of a Presidential Advisory Commission on Election Integrity," ("Order") and the provisions of the Federal Advisory Committee Act("FACA"),as amended(5 U.S.C. App.). 3. Objectives and Scope of Activities. The Commission will, consistent with applicable law and the Order, study the registration and voting processes used in Federal elections. The Commission shall be solely advisory and shall submit a report to the President of the United States ("President") that identifies the following: a. those 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; b. 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 c. 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. 4. Description of Duties. The Commission will function solely as an advisory body. 5. Agency or Official to Whom the Committee Reports The Commission shall provide its advice and recommendations to the President. 6. Agency Responsible for Providing Support. The General Services Administration("GSA") shall provide the Commission with such administrative services,funds,facilities, staff, equipment,and other support services as may be necessary to carry out its mission,to the extent permitted by law and on a reimbursable basis. However,the President's designee will be responsible for fulfilling the requirements of subsection 6(b)of the FACA. 7. Estimated Annual Operating Costs and Staff Years. The estimated annual costs to operate the Commission are approximately $250,000 in FY2017 and approximately $250,000 in FY2018, as needed,including approximately three full-time equivalent employees(FTEs)over the duration of the Commission. 8. Designated Federal Officer. Pursuant to 41 CFR § 102-3.105 and in consultation with the chair of the Commission,the GSA Administrator shall appoint a full-time or part-time federal employee as the Commission's Designated Federal Officer("DFO"). The DFO will approve or Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 16 of 40 call all Commission meetings, prepare or approve all meeting agendas, attend all Commission meetings and any subcommittee meetings, and adjourn any 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. 9. Estimated Number and Frequency of Meetings. Meetings shall occur as frequently as needed, called, and approved by the DFO. It is estimated the Commission will meet five times at a frequency of approximately 30-60 days between meetings,subject to members' schedules and other considerations. 10. Duration and 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. 11. Membership and Designation. (a) The Vice President shall chair the Commission, which shall be composed of not more than fifteen (15)additional members. (b) Members shall be appointed by the President of the United States and shall include individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts, and any other individuals with knowledge or experience determined by the President to be of value to the Commission. Members of the Commission may include both regular Government Employees and Special Government Employees. (c) 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. The Vice President may also select an executive director and any additional staff he determines necessary to support the Commission. (d) Members of the Commission will serve without additional compensation. Travel expenses will be allowed, including per diem in lieu of subsistence,as authorized by law for persons serving intermittently in the Government service(5 U.S.C. 5701-5707),consistent with the availability of funds. 12. 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. 13. Recordkeeping. The records of the Commission and any subcommittees shall be maintained pursuant to the Presidential Records Act of 1978 and FACA. 14. Filing Date. The filing date of this charter is June 23,2017. Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 17 of 40 EXHIBIT 717 ' 20Case 1:17-cv-22r343811Meeice DuttlYffeifitylh-le PEsi/Wiittldtliqr3FtotyseimitbttiowlenotvehoPme 18 of 40 the WHITE HOUSE .111;1111 8 1 I 11 111 iiii From the Press Office Speeches & Remarks Press Briefings Statements & Releases Nominations & Appointments Presidential Actions Legislation Disclosures The White House Office of the Vice President For Immediate Release June 28,2017 Readout of the Vice President's Call with the Presidential Advisory Commission on Election Integrity This morning,Vice President Mike Pence held an organizational call with members of the Presidential Advisory Commission on Election Integrity. The Vice President reiterated President Trump's charge to the commission with producing a set of recommendations to increase the American people's confidence in the integrity of our election systems. The integrity of the vote is a foundation of our democracy; this bipartisan commission will review ways to strengthen that integrity in order to protect and preserve the principle of one person, one vote," the Vice President told commission members today. The commission set July 19 as its first meeting, which will take place in Washington, D.C. https:flwww.whitehouse.govithe-press-office2017/0612&readout-vice-presidents-call-presidential-advisory-commission-election 1/2 1:17-cv-226€18uriflee" l DOttVitr&itvill-le PEsi/Wiletid6191)12129150CdttieWlerit2017ehoPme 19 of 40 Vice Chair of the Commission and Kansas Secretary of State Kris Kobach told members a 7/720Case letter will be sent today to the 50 states and District of Columbia on behalf of the Commission requesting publicly-available data from state voter rolls and feedback on how to improve election integrity. f HOME BRIEFING ROOM ISSUES USA.gov THE ADMINISTRATION Privacy Policy PARTICIPATE 1600 PENN Copyright Policy https:flwww.whitehouse.govithe-press-office2017/0612&readout-vice-presidents-call-presidential-advisory-commission-election22 Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 20 of 40 EXHIBIT Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 21 of 40 Presidential Advisory Commission on Election Integrity June 28,2017 The Honorable Ken Detzner Secretary of State R.A. Gray Bldg., 500 S. Bronough, Ste. 100 Tallahassee, FL 32399 Dear Secretary Detzner, 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 Florida, 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 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 22 of 40 if available, voter history (elections voted in)from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information. 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 Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 23 of 40 EXHIBIT Case 1:1 568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 24 of 40 U.S. Department of Justice 4 Civil Rights Division Voting Section -IVWB 950 Pennsylvania Ave, NW Washington, DC 20530 The Honorable Kim Wyman Secretary of State Legislative Building PO Box 40220 Olympia, WA 98504-0220 JUN 28 2017 Dear Secretary Wyman: We write to you as the chief election official for the State of Washington to request information regarding the State's procedures for compliance with the statewide voter registration list maintenance provisions ofthe National Voter Registration Act("NVRA"),52 U.S.C. § 20501 et seq. and the Help America Vote Act("HAVA"),52 U.S.C. § 20901 et seq. As part of our nationwide enforcement efforts, we are reviewing voter registration list maintenance procedures in each state covered by the NVRA. The NVRA imposes several requirements on covered states that promote the maintenance of accurate statewide voter lists. Among other things, states must: • "conduct a general program that makes a reasonable effort to remove the names of ineligible voters" from the statewide voter registration list due to the registrant's death or change ofresidence (Section 8(a)(4), 52 U.S.C. § 20507(a)(4)); • ensure that the state's general program complies with the requirements and protections imposed by Sections 8(b),(c), and(d)(52 U.S.C. § 20507(b)-(d)); • ensure that any change-of-address form submitted by a voter to a state's motor vehicle authority for driver's licensing purposes serves as a change of address for voter registration purposes, unless the voter states a contrary intention on the form (Section 5(d), 52 U.S.C. § 20504(d)); • ensure that when a registrar receives information that a registered voter has moved to a new address within the registrar's jurisdiction, the voter list is updated to reflect the new address(Section 8(f), 52 U.S.C. § 20507(f)); and • maintain and make available for public inspection for at least two years "all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters"(Section 8(i), 52 U.S.C. § 20507(i)). Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 25 of 40 -2The NVRA imposes these requirements on the state itself. Thus, where a state tasks local election officials with implementing aspects ofits list maintenance procedures, the state's chief elections official must"actively oversee the general program" and ensure that it is "reasonably conducted." United States v. Missouri,535 F.3d 844,850(8th Cir. 2008). HAVA also imposes certain list maintenance obligations on states as part ofthe uniform statewide database requirements of Section 303(a)(2)ofHAVA,52 U.S.C. § 21083(a)(2), including coordinating the state voter registration list with state agency records on felony status and death. As well as reviewing states' procedures, our efforts to assess compliance with these provisions will also include an analysis of voter registration data reported by each state to the U.S. Election Assistance Commission("EAC")as part ofits biennial Election Administration and Voting Survey("EAVS"). Data regarding confirmation notices, removals from the voter registration list, and active and inactive registered voters are of particular relevance and are among the categories of data for which reporting is required by EAC regulations. See 11 C.F.R. § 9428.7. However,such data for some states were not included in the 2014 EAVS report,' the most recent survey results published by the EAC. Thus,some states are receiving a request for any missing data as part ofthe information requested below. Similarly, we will review the forthcoming 2016 EAVS data when they are available. To assist our efforts, we respectfully request that you provide us with the following information related to the above requirements: • All statutes, regulations, written guidance,internal policies, or database user manuals that set out the procedures Washington has put in place relating to: o (A)the general program required by Section 8(a)(4)to remove voters from the voter registration list who have become ineligible due to death or change of residence; o (B)the requirement of Section 5(d)that motor vehicle changes ofaddress generally serve as updates to voter registration records; o (C)any other process that election officials are authorized or required to follow to remove voters by reason of death or change in residence,such as challenge procedures or other list maintenance activities not part ofthe "general program"; and 'U.S. Election Assistance Commission,"The EAC 2014 Election Administration and Voting Survey Comprehensive Report: A Report to the 114th Congress," June 30,2015,available at https://www.eac.gov/assets/1/1/2014_EAC_EAVS_Comprehensive_Report 508_Compliant.pdf. Case 1:17-cv-22568-MGC bocument 1-1 Entered on FLSD Docket 07/10/2017 Page 26 of 40 -3o (D)the processes that the state follows for coordinating state databases under HAVA for list maintenance purposes, and any other database coordination or comparison that the state undertakes for list maintenance purposes. If your state has relevant procedures in place that are not covered by these written materials, please provide a description ofthem. • An explanation of which election officials are responsible for implementing Washington's general program of voter registration list maintenance, and for those responsible officials not employed by your office(such as a local election official), a description ofthe steps that you have taken to ensure that the State's list maintenance program has been properly carried out in full compliance with the NVRA. • The following data relating to voter registration list maintenance that were requested as part ofthe EAC's 2014 BAYS and for which Washington's response appears to be incomplete, based on the datasets posted on the EAC's website2(please provide data for each of your state's local jurisdictions for which data were not provided to the EAC): o The number of confirmation notices sent to voters in the period between the close ofregistration for the November 2012 general election and the close ofregistration for the November 2014 general election (requested by question AlOa ofthe 2014 BAYS Survey Instrument) o The number of voters removed from the voter registration rolls in your jurisdiction in the period between the close ofregistration for the November 2012 general election and the close ofregistration for the November 2014 general election due to failure to respond to notice sent• and failure to vote in the two most recent Federal elections (requested by question Al lg ofthe 2014 BAYS Survey Instrument) Please also indicate whether Washington is reporting similar data in response to the 2016 BAYS. See hftps://www.esc.goviresearch-and-data/2014-election-aciministration-voting-survey; 2014 EAVS Survey Instrument, available at https://www.eac.goviassets/1/1/2014%20Election%20Administration%20and%20Voting%20SurveyFinal-2014-0515.pdf. Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 27 of 40 -4Please provide this information within 30 days ofthe date ofthis letter. The materials may be sent by email to voting.section@usdoj.gov or by FedEx or UPS to Voting Section, Civil Rights Division, Room 7254, U.S. Department of Justice, 1800 G Street NW,Washington, DC 20006. If you have any questions regarding this request, please contact Samuel Oliker-Friedland at 202-353-6196 or David Cooper at 202-305-4733. We very much appreciate your cooperation in our nationwide efforts to monitor NVRA compliance. Sine an Herren, Jr. ,Voting Section cc: Ms. Lori Augino, Director of Elections Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 28 of 40 EXHIBIT Firefox Edit View insecure Connection File x-A, History Tools a Bookmarks 0 https://sefe.amrdec.army.milisafe/Welcome.aspx • • • TA— Help e 0. Search b 53 0 Go Back Report errors like this to help Mozilla identify and block malicious sites Learn more... Advanced The owner of safe.amrdec.army.mil has configured their website improperly. To protect your information from being stolen, Firefox has not connected to this website. Your connection is not secure Window 81% Er) Mon Jul 10 12:39 AM 01710 63 abPd Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 30 of 40 EXHIBIT Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 31 of 40 , FLORIDA DEPARTMENT ofSTATE , RICK SCOTT Governor KEN DETZNER Secretary of State July 6, 2017 The Honorable Kris W. Kobach Secretary of State Memorial Hall, l'Floor 120 SW 10th Avenue Topeka, KS 66612-1594 Dear Secretary Kobach, The right to vote is one of the most sacred rights available in the democratic process. Any efforts to dilute its importance cannot be taken lightly. As you know, people have died for the right to vote and we must ensure we preserve it. Of course, the responsibility for the accuracy and fairness of our election process in Florida lies on us, not with the federal government in Washington. As Governor Scott often says, in Florida, our goal for each election is to have 100 percent participation of eligible voters with zero fraud. We take this mission extremely seriously and work each day to ensure that Floridians can participate in fair, honest elections. In fact, in 2016, we are proud that Florida had record turnout and a smooth, secure election which reflected the will ofthe people of Florida. The Department of State constantly works with Florida's 67 independent Supervisors of Elections to increase access to voting for Floridians. This includes legislation in 2013 that gave Supervisors of Elections more flexibility in setting early voting hours and locations to fit their communities' needs and limiting the length of ballots in Florida to help prevent long lines at the polls. On June 28,2017, you requested certain voter roll information, much of which is publicly available to you under the Florida Public Records Law, Chapter 119 of Florida Statute. In fact, each year, our office already fulfills hundreds of public records requests for some of the same information that you have requested. We are glad to continue following Florida's Public Records Law by providing the requested information to you that is publicly available. R.A. Gray Building •500 South Bronough Street • Tallahassee, Florida 32399 850.245.6500•850.245.6125(Fax) DOS.MyFlorida.com Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 32 of 40 Page 2 Secretary Kobach Although most of the information you've requested is available to the public in Florida, we cannot fully comply with your entire request. Driver's license information and social security numbers are not, and cannot be provided under section 97.0585, Florida Statutes. We will also not release any information that is exempt or confidential under Florida law, including certain information regarding law enforcement officers,judges, prosecutors, and victims of stalking and domestic violence. Additionally, Florida's public record voter database does not capture information on felonies. We are hopeful that the public information provided, in accordance with Florida law, will be useful to your efforts. Sincerely, Ken Detzner Florida Secretary of State Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 33 of 40 EXHIBIT I Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 34 of 40 Kobach: Why States Need to Assist the Presidential Commission on Election Integrity - Sreitbart 7/9/17, 5:40 PM Kobach: Why States Need to Assist the Presidential Commission on Election Integrity by Kris W.Kobach3 Jul 20175,685 Irfan Khan/Los Angeles Times via Getty Images Last Thursday,the Presidential Commission on Election Integrity officially asked each state's chief election official for a copy oftheir state's publicly-available voter information,in order to better investigate voter fraud http://www.breitbartcom/big-goyernment/2017/07/03/kobach-why-states-need-to-assist-the-presidential-commission-on-election-integrity/ Page 1 of 5 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 35 of 40 Kobach: Why States Need to Assist the Presidential Commission on Election Integrity - Breitbart 7/9/17, 5:40 PM across the nation.I'm the Vice Chair ofthat Commission, and the letter went out under my signature. Immediately thereafter, several prominent Democrats declared that they would not comply with this request. California Secretary of State Alex Padilla stated,"California's participation would only serve to legitimize the false and already debunked claims of massive voter fraud made by the President,the Vice President, and Mr. Kobach." Similarly, Virginia Governor Terry McAuliffe fumed,"I have no intention of honoring this request. Virginia conducts fair, honest, and democratic elections, and there is no evidence of significant voter fraud in Virginia." Governor McAuliffe's declaration was particularly amusing,because only three days earlier In Virginia, a college student had been convicted of fraudulently registering 18 dead people. Evidently, there's plenty of voter fraud in Virginia. Apparently, McAuliffe is ignorant of what's going on in his own state. The hyperventilating on the Left about this request is particularly strange since the Commission only requested information that is already publicly available. Any person on the street can walk into a county election office and obtain a publicly-available copy of that state's voter rolls—which usually includes voter name,address, date of birth, and the recent elections in which the voter participated. During any campaign season,there are literally hundreds of candidates and campaign workers in every state who possess these same voter rolls. Voter rolls are also frequently obtained byjournalists seeking to do election-related research. Although private information like the last four numbers of a voter's social security number is sometimes included in a state's voter database,that information is usually not publicly available. The Commission didn't request http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-the-presidential-commission-on-election-integrity/ Page 2 of 5 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 36 of 40 Kobach: Why States Need to Assist the Presidential Commission on Election Integrity - Breitbart 7/9/17, 5:40 PM that information. Thus,there is no threat that the Commission's work might compromise anyone's privacy. The Commission's primary objectives include measuring the amount of voter fraud and improper voter registration in the country. The voter rolls are the obvious starting point for the Commission's work. Indeed just about every investigation that the Commission undertakes will require a copy of the publicly-available voter rolls for its work to be meaningful. For example, if a witness testifies before the Commission that a certain person voted fraudulently in a given state,the Commission needs to confirm that such a person even exists on the voter rolls and actually cast a ballot in the relevant election. On a larger scale,the Commission is likely to look at the phenomenon of people registering and/or voting the names of the dead. As the recent Virginia conviction illustrates, this is very much a real problem. Last year,the Pew Center on the States estimated that more than 1.8 million deceased individuals are still registered to vote. And Pew conceded that their estimate was likely on the low side. The Commission could determine the exact number(rather than relying on an estimate) by running the states' voter rolls against federal and state databases containing the names of deceased individuals. More importantly,the Commission could answer the question of how many of those deceased individuals were recorded as actually casting a vote in the 2016 election. The number may be large, or it may be small. But the American people deserve to know what it is, either way. Another important question is how many aliens are illegally registered to vote in the United States. And of those who are registered, how many have actually http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-the-presidential-commission-on-election-integrity/ Page 3 of 5 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 37 of 40 Kobach: Why States Need to Assist the Presidential Commission on Election Integrity - Breitbart 7/9/17, 5:40 PM voted? During the Obama Administration,the federal government declined state requests to compare state voter rolls to federal databases of known (legal) aliens residing in the United States. But now the Commission may be able to finally conduct that research. If the same person appears on a state's voter rolls with the indication that he cast a ballot in 2016, and he also appears on the federal government's list of aliens living in the United States, then there is evidence that an alien has likely voted. That research has never been done before. Many people would like to see just how big this problem is. The consequences are certainly important. Every time an alien votes, it effectively cancels out the vote of a United States citizen. In my own state of Kansas, one academic expert has estimated that the number of aliens on the voter rolls may exceed 18,000. In a state such as California, that number is likely to be much, much larger. Is that why the California Secretary of State doesn't want the Commission to look at his state's voter rolls? Finally,some of these opponents of the Commission have suggested that by studying the problem of voter fraud,the Commission will end up suppressing voter turnout in future elections. That is a truly baseless argument. How in the world can studying these statistics and providing information to the American public discourage someone from voting? The Commission's work is an exercise in transparent government,enhancing the public debate by providing important statistical information. The Commission's report(which will not contain any voter's names)won't cause anyone to stay at home during the 2018 election. It might however,shine some light on voter fraud and encourage some fraudsters to reduce their http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-the-presidential-commission-on-election-integrity/ Page 4 of 5 Case 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 38 of 40 Kobach: Why States Need to Assist the Presidential Commission on Election Integrity - Breitbart 7/9/17, 5:40 PM activity. Maintaining the integrity of American elections is essential to the health of our republic. It's also crucial to giving voters confidence that elections will not be stolen. The bottom line is that without these publicly-available copies of the voter rolls, the Commission will be unable to effectively measure the extent of voter fraud in America. Maybe that's the real objective of the officials who are standing in the way. Kris W.Kobach is the elected Secretary ofState ofKansas. An expert in immigration law and policy, he coauthored the Arizona SB-1070 immigration law and represented infederal court the 10ICE agents who sued to stop Obama's 2012 executive amnesty. President Trump has named him Vice Chairman ofthe Presidential Commission on Election Integrity. http://www.breitbart.com/big-government/2017/07/03/kobach-why-states-need-to-assist-the-presidential-commission-on-election-integrity/ Page 5 of 5 Case Document 1-1 Entered on FLSD Docket 07/10/2017 Page 39 of 40 EXHIBIT 1:17-cv-22568-MGC Document 1-1 Entered on FLSD Docket 07/10/2017 Page 40 of 40 Federal Register/ Vol. 82, No. 127/ Wednesday, July 5, 2017/ Notices subsidiary's liabilities under applicable accounting standards. The Federal Reserve used information collected on the Capital and Asset Report for Foreign Banking Organizations(FR Y-7Q), the FR Y-9C and the FR XX-1 to calculate liabilities of these institutions. The Board granted a request from one financial company to use an accounting standard or method of estimation other than GAAP to calculate liabilities. The requesting company is an insurance company that reports financial information under Statutory Accounting Principles("SAP"). The Board approved a method of estimation for this company that is based on line items from SAP reports, with adjustments to reflect certain differences in accounting treatment between GAAP and SAP. a.m., Eastern Daylight Time(EDT) until no later than 5:00 p.m.,EDT. 31063 Dated: June 30, 2017. Jeffrey A. Koses, Director, Office ofAcquisition Policy, Office of Government-wide Policy. [FR Doc. 2017-14210 Filed 7-3-17; 8:45 am] ADDRESSES: The meeting will be held at the Eisenhower Executive Office Building, Room 350, located at 1650 BILLING CODE 6820-61-P Pennsylvania Avenue NW.,Washington, DC 20502. It will be open to the public through livestreaming on https:// DEPARTMENT OF HEALTH AND www.whitehouse.gov/li ye. HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: To obtain information about the Commission or to submit written comments for the Commission's consideration, contact the Commission's Designated Federal Officer, Andrew Kossack, via email at ElectionIntegrityStaff@ovp.eop.gov or telephone at 202-456-3794. Please note the Commission may post written By order of the Board of Governors of the comments publicly, including names Federal Reserve System,acting through the Director of Supervision and Regulation under and contact information,in accordance with the provisions of FACA.There will delegated authority, June 28, 2017. not be oral comments from the public at Ann E. Misback, this initial meeting. Secretary ofthe Board. The Commission will provide [FR Doc. 2017-14011 Filed 7-3-17; 8:45 am] individuals interested in providing oral BILLING CODE 6210-01—P comments the opportunity to do so at subsequent meetings. Requests to accommodate disabilities with respect GENERAL SERVICES to livestreaming or otherwise should ADMINISTRATION also be sent to the email address listed above, preferably at least 10 days prior [Notice-MK-2017-01; Docket No. 2017to the meeting to allow time for 0002; Sequence 11] processing. The Presidential Commission on SUPPLEMENTARY INFORMATION: The Election Integrity(PCEI); Upcoming Commission was established in Public Advisory Meeting accordance with E.O. 13799 of March AGENCY: Office of Government-wide 11,2017, the Commission's charter, and Policy(OGP), General Services the provisions of FACA. The Administration (GSA). Commission will, consistent with ACTION: Meeting notice. applicable law and E.O. 13799, study the registration and voting processes SUMMARY: The Presidential Advisory used in Federal elections. The Commission on Election Integrity Commission shall be solely advisory (Commission),a Federal Advisory and shall submit a report to the Committee established in accordance President of the United States that with the Federal Advisory Committee identifies the following: Act(FACA),5 U.S.C. App.,and Executive Order 13799,(https:// a. Those laws, rules, policies, www.federalregistengov/documents/ activities, strategies, and practices that 2017/05/16/2017-10003/establishment- enhance the American people's of-presidential-advisory-commission-on- confidence in the integrity of the voting election-integrity) will hold its first processes used in Federal elections; meeting on Wednesday,July 19,2017. b. those laws, rules, policies, This meeting will consist of a activities, strategies, and practices that ceremonial swearing in of Commission members,introductions and statements undermine the American people's confidence in the integrity of voting from members, a discussion of the processes used in Federal elections; and Commission's charge and objectives, possible comments or presentations c. those vulnerabilities in voting from invited experts, and a discussion systems and practices used for Federal of next steps and related matters. elections that could lead to improper voter registrations and improper voting, DATES: Meeting Date:The first including fraudulent voter registrations Commission meeting will be held on Wednesday, July 19,2017,from 11:00 and fraudulent voting. Centers for Disease Control and Prevention [30Day-17-1146] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention(CDC)has submitted the following information collection request to the Office of Management and Budget (OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following:(a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c)Enhance the quality, utility, and clarity of the information to be collected;(d) Minimize the burden of the collection of information on those who are to respond,including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs. To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404)639-7570 or send an email to omb@cdc.gov. Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington,DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice. Case 1:17-cv-22568-MGC Document 1-2 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Presdential Advisory Commission on Election Integrity, the White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3)) Case 1:17-cv-22568-MGC Document 1-2 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-3 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Mike Pence, Chair, Presidential Advisory Commission on Election Integrity The White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3).) Case 1:17-cv-22568-MGC Document 1-3 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-4 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Kris Kobach, Vice Chair, Presidential Advisory Commission on Election Integrity The White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3).) Case 1:17-cv-22568-MGC Document 1-4 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-5 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Executive Office of the President of the U.S., The White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3)) Case 1:17-cv-22568-MGC Document 1-5 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-6 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Executive Office of the Vice President of the United States, Eisenhower Executive Office Bldg, Pennsylvania Ave & 17 St, NW Washington, DC 20500 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3)) Case 1:17-cv-22568-MGC Document 1-6 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-7 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Tim Home, Adminsitrator, General Services Administration, 1800 F Street, NW, Washington, DC 20405 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3)) Case 1:17-cv-22568-MGC Document 1-7 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-8 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Mick Mulvaney, Director, Office of Management & Budget, 725 17 Street, NW, Washington, DC 20503 A lawsuit has been filed against you. Within 60 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3).) Case 1:17-cv-22568-MGC Document 1-8 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-9 Entered on FLSD Docket 07/10/2017 Page 1 of 2 44. AO 440(Rev. 04/081 Civil Summits UNITED STATES DISTRICT COURT for the Southern District of Florida Arthenia Joyner, et al. Plaintiff v. Civil Action No. Presidential Advisory Commi Election Integrity, et al Defendant Summons in a Civil Action To: (Defendant's name and address) Ken Detzner, Florida Secretary of State, RA Gray Bldg., 500 South Bronough Street, Tallahassee, FL 32399 A lawsuit has been filed against you. Within 21 days after service ofthis summons on you (not counting the day you received it, you must serve on the plaintiffan answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiffs attorney, whose name and address are: Benedict P Kuehne, Kuehne Davis Law, PA, 100 SE 2 Street, Suite 3550, Miami, FL 33131 Tel: 305.789.5989. ben.kuehne@kuehnelaw.com If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. STEVEN M. LARIMORE Clerk of Court Date: 07/10/2017 By: Deputy clerk (Use 60 days ifthe defendant is the United States or a United States agency, or is an officer or employee ofthe United States allowed 60 days by Rule 12(a)(3).) Case 1:17-cv-22568-MGC Document 1-9 Entered on FLSD Docket 07/10/2017 Page 2 of 2 % AO 440(Rev. 04.108) Civil Summons(Page 2) Proof of Service I declare under penalty of perjury that I served the summons and complaint in this case on by: (I)personally delivering a copy of each to the individual at this place, ; or (2)leaving a copy ofeach at the individual's dwelling or usual place ofabode with who resides there and is ofsuitable age and discretion; or (3)delivering a copy ofeach to an agent authorized by appointment or by law to receive it whose name is ;or (4)returning the summons unexecuted to the court clerk on ;or (5)other (specifi) My fees are $ for travel and $ for services, for a total of$ 0.00 Date: Server's signature Printed name and title Server's address Print Save As... Reset Case 1:17-cv-22568-MGC Document 1-10 Entered on FLSD Docket 07/10/2017 Page 1 of 1 CIVIL COVER SHEET .IS 44 (Rev. 0E161 FLSD Revised 07612016 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS RIRAf.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below. I. (a) PLAINTIFFS DEFENDANTS Arthenia Joyner, et al. Presidential Advisory Commission on Election Integrity, et al. County of Residence of First Listed Defendant Leon (1)) County of Residence of First Listed Plaintiff Miami-Dade (EXCEPT IN U.S. PI-4(NTIFF('ASES) IN U.S. PLAINTIFF CASES ONLY) NOTE (c) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED Attorneys (// Known Attorneys (Firm Name, Address, and Telephotte Number) Benedict P Ktiehne, Kuetme Davis Law, PA, 100 SE 2 Street, Suite Carol Federighi, US DOJ, Civil Division, PO Box 883, Washineton, 3550, Miami, FL 33131 305.789.5989 DC 20044 Tel: 202.514.1903. carollederighi@usdoj.gov (d)Check County Where Action Arose: 0 MIAMI. DADE 0 MONROE 0 BROWARD 0 PALM BEACH 0 MARTIN 0 ST. LUCIE 0 INDIAN RIVER 0 OKEECHOBEE 0 HIGHLANDS II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES(Place CM "X.. m 0»e Boxfi)r Plaintitfi (Place an "X"in One Box On/)) (For Diversity('ases Only) PTE Citizen of This State 0I O 1 U.S. Government Plaintiff 03 Federal Question (U.S. Government Not a Party) 02 U.S. Government Defendant 01 Diversity (bulimic Citizenship ofParties la Item BO IMF 01 and One BoxJim Defendant) PIE DEF Incorporated or Principal Place 0 4 04 of Business In This State Citizen of Another State o7 07 Incorporated and Principal Place of Business In Another State Citizen or Subject of a Foreign Country 03 0 3 Foreign Nation DC, 0" IV. NATURE OF SUIT (Place an "X"in One Box Only) FORFEITURE/PENALTY TORTS 0 110 Insurance PERSONAL INJURY 0625 Drug Related Seizure PERSONAL INJURY 0310 Airplane of Property 21 USC 881 0120 Marine O 365 Personal Injury 0130 Miller Act 0315 Airplane Product Product Liability 0690 Other 140 Negotiable Instrument Liability O 367 Health Care/ 0150 Recovery of Overpayment 0320 Assault, Libel & Pharmaceutical Slander & Enforcement ofludtonent Personal Injury 0151 Medicare Act Product Liability 0330 Federal Employers' 0152 Recovery of Defaulted Liability O 368 Asbestos Personal Student Loans Injury Product 0340 Marine (Excl. Veterans/ Liability LABOR 0345 Marine Product 0 153 Recovery of Overpayment Liability PERSONAL PROPERTY 121 710 Fair Labor Standards of Veteran's Benefits El 370 Other Fraud 0350 Motor Vehicle Act 0160 Stockholders' Suits O 371 Tnith in Lending 0720 Labor/Mgmt Relations 0355 Motor Vehicle 0190 Other Contract Product Liability O 380 Other Personal 0740 Railway Labor Act Property Damage 0195 Contract Product Liability 0360 Other Personal 0751 Family and Medical 0196 Franchise Injury Leave Act O 385 Property Damage Product Liability 0362 Personal Injury 0790 Other Labor Litigation Med. Malpractice 0791 Empl. Ret. Inc REAL PROPERTY Security Act CIVIL RIGHTS PRISONER PETITIONS ID 210 Land Condemnation Habeas Corpus: 0440 Other Civil Rights O 220 Foreclosure O 463 Alien Detainee 0441 Voting 510 Motions to Vacate O 230 Rent Lease & Ejectment 0442 Employtnent Sentence n 443 Housing/ Other: O 240 Torts to Land 1-1 Accommodations CONTRACT o V. ORIGIN 1 Original Proceeding VI. RELATED/ RE-FILED CASE(S) (See instructions): a) Re-filed Case VII. CAUSE OF ACTION •400 State Reapportionment O 410 Antitrust 430 c Banks and Banking 0 O '15 imerce O 460 Deportation O 470 Racketeer Influenced and SOCIAL SECURITY Corrupt Organizations O 480 Consumer Credit 086t HIA(1395ff) 0862 Black Lung(923) ▪ 490 Cable/Sat TV 0863 DIWC/DIWW (405(g)) O 850 Securities/Commodities/ SSID Title XVI 0864 Exchange 13 890 Other Statutory, Actions 0865 RS1(405(0) O 891 Agricultural Acts 893 Environmental Matters El 895 Freedom of Information FEDERAL TAX SUITS Act O 896 Arbitration 0870 Taxes(U.S. Plaintiff or Defendant) O 899 Administrative Procedure n871 IRS—Third Party 26 Act/Review or Appeal of USC 7609 Agency Decision 950 Constitutionality of State Statutes O NO LI deedCfr 41;ti 9 il rpteail ' at b) Related Cases oYES gl NO DOCKET NUMBER: n — days estimated (for both sides to try entire case) CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE DATE SIGNATURE OF ATTORNEY July 10, 2017 FOR OFFICE USE ONLY RECEIPT Mulidisuiel Livrion - VireCt File Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Pb not citejurisdictional statutes unless diversity): Suit for Injunctive and Declaratory Relief, 5 USC app. 2, Sec 10(b); 44 USC 3501; 28 USC 2201; 5 USC 551-706 LENGTH OF TRIAL via 2 VIII. REQUESTED IN COMPLAINT: DYES JUDGE: OTHER STATUTES •3735F9 72 False (a)) C!aims Act •376 Qui Tam(31 USC PROPERTY RIGHTS 0820 Copyrights 0830 Patent 0840 Trademark o445 Amer. lv/Disabilitles - O 530 General IMMIGRATION Employment •535 Death Penalty 0462 Naturalization Application 0446 Amer. w/Disabilities - 13 540 Mandamus & Oilier 0465 Other Immigration Other O 550 Civil Rights Actions O 555 Prison Condition 0448 Education 560 Civil Detainee O Conditions of Confinement (Place an "X" in One Box Only) 0 6 Multidistrict 0 7 0 2 Removed D 3 Re-filed D 4 Reinstated fl 5 Transferred from Appeal to 08 another district Litigation or (See VI from State District Judge (speci61 Transfer Court Reopened below) from Magistrate Judgment O 245 Tort Product Liability O 290 All Other Real Property ti BANKRUPTCY 0422 Appeal 28 USC 158 0423 Withdrawal 28 USC 157 AMOUNT IF? JUDGE MAG JUDGE 0 Yes 1/1 No