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Example Letter to Diebold’s Director of Global Communications


January 14, 2005



Mike Jacobsen

Director, Global Communications

Diebold, Incorporated
5995 Mayfair Road
P.O. Box 3077
North Canton, Ohio USA 44720-8077

(330)  490-4000 Office

(330) 490-3794 Fax



Dear Mr. Jacobsen:


I am writing to make a request for Open Records as listed below.  Your company is the vendor of contract within the State of Georgia for elections voting machine technology.


On January 12th, we have requested by phonecall to Tami Koch who was the Diebold trainer involved in an incident of stolen equipment the name of a contact at Diebold who we could send an Open Records Request to.   She promised someone would respond to my call and as yet, we’ve heard no such response from Diebold.


Below is a list of items I request as part of an Open Records Request.  This is an attempt to investigate some stolen Diebold voting equipment in Georgia.


1.      Please forward all records relating to the stolen Diebold equipment reported stolen in 2002, 2003 and 2004.  We request all of the following: Faxes, tapes, memorandums, investigation reports, insurance claims, police reports, serial numbers of the stolen equipment, full detailed information of software loaded on equipment, hardware models and Diebold & 3rd party product names/model #s, letters to/from the Georgia Secretary of State’s Office, emails to the Georgia Secretary of State’s office referencing the stolen equipment, police reports, communications with Bibb County Sheriff’s office, Cathy Cox or Kathy Rogers stolen equipment communications, Kennesaw State University stolen equipment records and any investigation results or public press or announcements regarding the stolen Diebold equipment in Bibb county Georgia in 2002.


2.      Please show all records related to Diebold technicians that were contracted to help counties in GA conduct the 2004 election.  Please list their work activities and any training given, citizenship of said employees, signed documents proving they were poll workers or oaths taken to determine if they were indeed eligible to conduct elections in Georgia.  Please produce all faxes, letters and emails related to how these technicians were informed of Georgia Poll Worker requirements and procedures.



We are sending by way of carbon copy a similar request to the Georgia Secretary of State’s Office addressed to Cathy Cox as well as Britt Williams at Kennesaw State University.


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.



Name:                         _____________________________________________________


Signed:            _____________________________________________________


Address:          _____________________________________________________