Virginia Noncitizen Records Request 09.06.24 (Virginia Attorney General)

Tom Nash filed this request on behalf of Victoria Cadostin with the Virginia Attorney General of Virginia.
Multi Request Virginia Noncitizen Records Request 09.06.24
Status
Rejected

From: Victoria Cadostin

To Whom It May Concern:

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

Pursuant to the Virginia Freedom of Information Act and the National Voter Registration Act, Documented makes the following request for copies of records:

A record of all voters removed or inactivated based on noncitizenship, or whose registration status was otherwise changed based on noncitizenship;

All communications between any government agencies, including counties, regarding such removal, inactivation, or other change in status;

All data supporting the reasons for each such removal, inactivation, or other change in status;

All communications with those voters who were removed, inactivated, or whose registration status was otherwise changed;

All communications related to Governor Youngkin’s Executive Order Number 35 (2024), “Comprehensive Election Security Protecting Legal Voters and Accurate Counting.

Please provide all responsive records from January 1, 2024, through the date the search is conducted.

Please note that the National Voter Registration Act requires that states make available for public disclosure “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[.]” 52 U.S.C. § 20507(i)(1).

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. Additionally, we request a fee waiver for this request. I would prefer the request filed electronically, by e-mail attachment if available or CD-ROM if not.

Please confirm receipt of this request. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response.

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,

Tom Nash, a citizen of Virginia, in coordination with Victoria Cadostin.

From: Virginia Attorney General

Please see the attached correspondence regarding your request received September 9, 2024.

  • Nash, Tom - Correspondence regarding request received 09-09-2024

From: Muckrock Staff

Hello,

Thank you for your continued support on this request. Please see the attached proof of residency for Tom Nash. [REDACTED]

Please note that while Mr. Nash's physical address is in Virginia, the mailing address below should be used for any correspondence required to be sent via snail mail. It is much preferred to have this request fulfilled electronically, but I realize your agency may prefer to send physical mail whenever necessary. If you have any other questions, please do not hesitate to contact me again.

MuckRock News DEPT MR#172981
263 Huntington Ave
Boston, MA 02115

Sincerely,

MuckRock Staff

From: Virginia Attorney General

This Office responded with the attached requesting verification of VFOIA eligibility, which we have no record of receiving.

I note that the Office of the Attorney General of Virginia is not the custodian of records for the other public bodies of the Commonwealth. To the extent that you are making your request pursuant to 52 USC Section 20507(i), you will need to direct your request to the Virginia Department of Elections. Requests can be made via the email address FOIA@elections.virginia.gov<mailto:FOIA@elections.virginia.gov>.

From: Muckrock Staff

Hello,

Please see attached. Thank you for your help with this request.

From: Virginia Attorney General

Please see the attached correspondence regarding your request received September 9, 2024.

Additionally, upon receipt of the deposit, due to the limited availability of public records within the immediate custody and control of this Office and present work demands of personnel to whom your request would be most efficiently assigned, it is practically impossible for this Office to identify, collect, review, and determine within five (5) working days all of the records that may be responsive (if any exist at all) and whether or how it should exercise any discretion available to it under FOIA exemptions that may apply. Accordingly, this Office will take up to the additional seven (7) workdays afforded under Virginia Code Section 2.2-3704(B)(4) to provide a response to your request once the deposit is received.

  • Nash, Tom - Deposit regarding request received 09-09-2024

From: Victoria Cadostin

Hello,

Thank you for the update, I will get back to you shortly.

My best,
Victoria

From: Victoria Cadostin

Hello again,

I have a few questions regarding your cost estimate: How did you estimate the number of hours needed to respond and is it based on the expected number of documents? If so, how many documents are you expecting per search item request? I may be able to narrow the request if I know what items are bringing back a lot of results that may not be needed.

Additionally, do the different attorneys have different tasks? And, can a lower-paid attorney do more of the hours of work? Thank you again for your help in this matter, I look forward to your response.

My best,
Victoria

From: Virginia Attorney General

The deposit is based on the estimated time it will take to search and review records for not only responsiveness, but also applicable FOIA exceptions. At this time we do not know how many records will ultimately be responsive to each. The individual assigned is the person who has the knowledge to complete the task at the lowest cost.

1. A record of all voters removed or inactivated based on noncitizenship, or whose registration status was otherwise changed based on noncitizenship;
2. All communications between any government agencies, including counties, regarding such removal, inactivation, or other change in status;
3. All data supporting the reasons for each such removal, inactivation, or other change in status;
4. All communications with those voters who were removed, inactivated, or whose registration status was otherwise changed;
5. All communications related to Governor Youngkin’s Executive Order Number 35 (2024), “Comprehensive Election Security Protecting Legal Voters and Accurate Counting.

Point one, three, and four of your request you may wish to direct to the Virginia Department of Elections.

Regarding point two and five of your request, the Office of the Attorney General serves as the law firm for the Commonwealth and regularly provides advice to its client agencies. These records will need to be reviewed and potentially withheld upon a FOIA request pursuant to attorney-client privilege or other applicable FOIA exception. Again, you may wish to direct your request to the Virginia Department of Elections.