BBV: Problem County #3 Manatee County Florida...any DU'ers there?

[Andy_Stephenson]

------- Forwarded message follows -------
Send reply to: "Nancy" <[e-mail]>
From: "Nancy" <[e-mail]>
To: <[e-mail]>
Subject: Re: Public Records Request for Specific Election Security
Date sent: Thu, 14 Oct 2004 20:07:48 -0400


Ms. Harris:

In response to your email, I don't recall an email from you
personally; if you are referencing responses to other Black Box
associates requesting information on employees and security
issues, we have been advisedby the Division of Elections legal staff
that this information is exempt information. However, I did advise
each member emailing us, that the audit logs are available (75
pages at .15/page - $11.25). Please contact Maria Matthews,
Assistant General Counselor Paul Craft, Chief of the Bureau of
Voting Systems Certification at the Division of Elections for
furtherclarification.

Nancy Bignell
----- Original Message -----
From: [e-mail]
To: Nancy
Sent: Tuesday, October 12, 2004 12:02 AM
Subject: Re: Public Records Request for Specific Election Security

Dear Nancy,

The statute you cite, saying that the records we asked for are
exempt, does not apply at all. This statute does apply:

119.07 (2a) "A person who has custody of a public record and
who asserts that an exemption provided in subsection (3) or in
a general or special law applies to a particular public record or
part of such record shall delete or excise from the record only
that portion of the record with respect to which an exemption
has been asserted and validly applies, and such person shall
produce the remainder of such record for inspection and
examination. If the person who has custody of a public record
contends that the record or part of it is exempt from inspection
and examination, he or she shall state the basis of the
exemption which he or she contends is applicable to the
record, including the statutory citation to an exemption
created or afforded by statute, and, if requested by the person
seeking the right under this subsection to inspect, examine, or
copy the record, he or she shall state in writing and with
particularity the reasons for the conclusion that the record is
exempt.

Therefore, we renew our request to produce the original public
records request or cite the specific statute and reason you
believe it is exempt. Please bear in mind that courts nowadays
are awarding attorneys costs when counties inappropriately
withhold records
.
Thank you,
Bev Harris, Black Box Voting

------- End of forwarded message -------


Blackbox Voting - Atten Cleanup Crew:

I have received your request(s): two of your requests that deal with security issues are exempt from public records laws (F.S. 119.071), however a printout of the audit log is permissible.

The audit log for the March Presidential Preference Primary is 41 pages and 34 pages for the August Primary. Please remit a check for 75 copies in the amount of $11.25, made payable to the Manatee County Supervisor of Elections, 305 15th Street West, Bradenton, Florida 34205. Once the check is received, copies will be forwarded by mail.

Robert Sweat
Supervisor of Elections

[Andy_Stephenson]

1. Kick fer

insight