Example Letter to Clerks of Superior Court

December 28, 2004

Ms. Sarah D. Moore

Clerk of Superior Court-

Dade County

P.O. Box 417

Trenton, GA 30752

RE: Open Records Request

Dear Ms. Moore:

This is a public record request for the following information regarding the November 2nd 2004 General Election:

1) Pursuant to Georgia “Rules of State Election Board” 183-1-2-.02(5)(a)3:
For each AccuVoteTS touchscreen voting machine: A photocopy of End-of-Day Totals from each DRE used in the precinct signed by elections officials as required by Georgia law.

2) Pursuant to Georgia “Rules of State Election Board” 183-1-2-.02(5)(a)5:
For each precinct: A photocopy of End-of-Day Precinct Totals signed by Elections Officials as required by Georgia law.

3) Pursuant to Georgia “Rules of State Election Board” 183-1-2-.02(5)(a)5:
For each precinct: A photocopy of End-of-Day Ballot Recap Sheet signed by Elections Officials as required by Georgia law.

4) Pursuant to Georgia “Rules of State Election Board” 21-2-500(a) and 183-1-12-.02(6)(a):
A complete copy of the CD-ROM which shall contain a copy of the information contained on each memory card (PCMCIA card) which shall include all ballot images as well as vote totals and a copy of the consolidated returns from the election management system.

As you know, the Georgia Open Records Act states that reasonable charges may be assessed "for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour." [O.C.G.A. § 50-18-71(d)]

I am prepared to pay reasonable search and retrieval fees if necessary. As you know, advance payment is not required under the Act. [O.C.G.A. § 50-18-71(g)] Instead, once documents are requested, charges for all costs incurred by your agency can be collected in the same manner as taxes due. [O.C.G.A. § 50-18-71(g)]

In order to make such a fee request, however, your agency must first notify me of the estimated cost of the copying, search, retrieval and other authorized fees before they are incurred. [O.C.G.A. 50-18-71.2]

Also, O.C.G.A. § 50-18-71(g) states records maintained by computer shall be made available where practicable by electronic means.

If my request is denied in whole or in part, I ask that your agency justify all deletions by reference to specific exemptions of the Georgia Open Records Act. I will also expect you to release all segregable portions of otherwise exempt material.

Also, know that the Open Records Act sets fines up to $100 for any government employee who fails to provide a requested public document within three (3) business days, unless there are out-of-the-ordinary extenuating circumstances. Therefore, I will expect your agency to produce the requested information within the three-day limit or give written reasons why not, and the specific date the records will be available.

We are also including, via U.S. postal service, a record copy of this request marked “File Copy: Do Not Duplicate”.

Thank you for your assistance. Should your have any questions, please do not hesitate to contact me at <phonenum> or via email at <name>

Sincerely,

2 Pages sent via fax to: (706) 657-8284

<name>

facsimile transmittal sheet

to:		from:
Ms. Sarah D. Moore		<name>
company:		date:
Dade County Clerk of the Superior Court		2/6/2005
fax number:		total no. of pages including cover:
(706) 657-8284		3
Phone number:		sender’s reference number:
		PhoneNum
Re:		Your reference number:
Open Records Request

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notes/Comments:

Dear Ms. Moore:

Please read and respond to the following Open Records Request within 3 days of request.

<name>

PhoneNum