Voter Records

August 29, 2019

Ms. Page Watkins
MuckRock News
DEPT MR 79228
411 A Highland Ave
Somerville, MA 02144

FREEDOM OF INFORMATION ACT NOTICE

Dear Ms. Watkins:

The Michigan Department of State (Department) is in receipt of your recent request for documents dated August 22, 2019 submitted pursuant to the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. A request sent electronically is considered received on the business day following its transmissions; here August 23, 2019. MCL 15.235(1). The Department has begun to process the request under FOIA and issues this preliminary notice in response to your request, a copy of which is attached and incorporated herein.

Your FOIA request for "James Aaron Lower", "Peter James Fredrik Meijer", "Angelynn Ann Afendoulis", and "Thomas John Norton" is denied in part and granted in part as to existing, nonexempt public records that are determined to be responsive to your request. Your request is denied to the extent that it seeks "[r]ecords or information specially described and exempted from disclosure by statute." MCL 15.243(1)(d). Under Michigan Election Law, the following is exempt from disclosure:

(a) The record that a person declined to register to vote.

(b) The office that received a registered voter's application.

(c) A registered voter's driver's license or state personal identification card number.

(d) The month and day of birth of a registered voter.

(e) The telephone number provided by a registered voter.

(f) The digitized signature of an elector that is captured or reproduced and transmitted to the Qualified Voter File.

(g) The last four digits of a registered voter's social security number contained in a registration record.

(h) Party affiliation.

MCL 168.509gg(1) - (2). The Department is required to separate exempt from nonexempt material. MCL 15.244(1). Where a responsive record contains both exempt and nonexempt material, the Department will redact such material.

In order to process your request, please pay the total processing fee of $23.00. FOIA authorizes the Department to charge for mailing costs, copying, searching, reviewing, deleting and separating exempt from nonexempt information (MCL 15.234). The failure to charge a fee for the search, examination, review, and the deletion and separation of exempt from nonexempt information would result in unreasonably high costs to the Department in this particular instance because, your request requires Department employee(s) to be diverted from their regularly assigned duties in order to process your request.

Checks or money orders should be made payable to the STATE OF MICHIGAN and mailed to:

Michigan Bureau of Elections
PO Box 20126
Lansing, MI 48901-0726

As set forth under section 4(14) of the FOIA, MCL 15.234(14), the Department must receive the required deposit within 45 days after your receipt of this notice, which is October 13, 2019, otherwise the FOIA request will be considered abandoned and the Department will not be required to fulfill the request.

Regarding the partial 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 at:

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.

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.

Sincerely,

Sarah McMillan
Departmental Analyst
Data Analytics & Support Section
Bureau of Elections

Your request is currently being processed. It will be complete either today, Aug 29th (Thurs) or by tomorrow Aug 30th (Fri).

Thank you,

MDOS-FOIA

Hello,

You do not need to submit a new request for the typo. However there was a typo in the response letter regarding the price. It should be $30. I apologize for any inconvenience. For payment we only accept cash or check.

Thank you

Sarah McMillan
Departmental Analyst/FOIA Coordinator
Data Analytics & Support Section
Bureau of Elections

Hi Page,

No, we have not received the check yet.

Thank you

Sarah McMillan
Departmental Analyst/FOIA Coordinator
Data Analytics & Support Section
Bureau of Elections

Hello,

We got the check today and I will begin processing the request.

Thank you

Sarah McMillan
Departmental Analyst/FOIA Coordinator
Data Analytics & Support Section
Bureau of Elections

Hello,

I have processed your FOIA request and placed it in the mail today.

Thank you

Sarah McMillan
Departmental Analyst/FOIA Coordinator
Data Analytics & Support Section
Bureau of Elections

A copy of documents responsive to the request.