MI SOS - elections equipement

AJ Vicens filed this request with the Michigan Secretary of State of Michigan.
Status
Rejected

Communications

From: AJ Vicens

To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

Any documents, emails, memos, text messages, images, calendars and other materials related to the agency's investigation into potential voting equipment breaches and inappropriate access to elections infrastructure referenced in multiple news articles. See here: https://www.reuters.com/legal/government/michigan-state-police-expand-probe-into-post-2020-voting-systems-breaches-2022-05-06/, and here: https://edition.cnn.com/2022/05/05/politics/michigan-expands-investigation-voting-machine-breaches/index.html.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

AJ Vicens

From: Michigan Secretary of State

The Department of State (Department) acknowledges receipt of your request for records under the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. Pursuant to section 15.235(1) of the FOIA, your request was considered received by the Department on May 9, 2022, the business day following the transmission of your email message.

In order to determine whether the Department possesses existing, nonexempt public records responsive to your request, we are extending the time for responding to your request by 10 business days (in addition to the standard 5 business days allowed for a response), as permitted by FOIA, MCL 15.235. A notice will be issued to you on or before May 31, 2022.

FOIA Coordinator

Michigan Department of State

From: Michigan Secretary of State

The Michigan Department of State (Department) has finished processing your request sent via email on May 6, 2022, concerning a request for records under the state Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. This notice is issued in response to your request, a copy of which is below and is incorporated herein.

Your request below is denied because, as the Department interprets it, it seeks materials related to an investigation being conducted by Michigan State Police. This request is denied because such records would be held and maintained by the Department of State Police, and your request should be directed there.

With respect to the denial of your request, under FOIA (MCL 15.240) you may do one of the following:

1. Appeal this decision in writing to the Secretary of State's designated appeals officer:

Secretary of State Jocelyn Benson
Attn: Michael J. Brady
Legal Services Administration
Michigan Department of State
P.O. Box 30204
Lansing, Michigan 48918

The writing must specifically state the word "appeal" and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within 10 business days of its receipt. Under unusual circumstances, the time for a response may be extended by 10 business days.

2. File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs and disbursement, and possible damages.

Should you have any further questions, please do not hesitate to contact me. The Department's FOIA Procedures and Guidelines can be accessed at www.michigan.gov/sos<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.michigan.gov%2Fsos&data=02%7C01%7CFracassiA%40michigan.gov%7Cb83c122d3c4e4b5b904e08d67a3eeea2%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C636830808043996942&sdata=ZOtwICKOfm%2BiiCWCFwV1NZSAesYqxsuzgkrCtnbWjjU%3D&reserved=0>, under the "FOIA" tab at the bottom of the page.

FOIA Coordinator
Bureau of Elections

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