ELECTIONSPreview
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CONNIE LAWSON

Commission member of the PEIC/PACEI at the time of disbandment

Connie Lawson, Republican, Secretary of State of Indiana

2017 request for voter information

First request

On June 28, 2017, Kris Kobach, in his capacity as vice chair of the commission, wrote a letter along with the Department of Justice to the top election official in every state requesting they turn over voter data ostensibly to aid a countrywide search for evidence of election irregularities. Besides information such as the names, addresses and party affiliations of all registered voters, Kobach sought birth dates, felony conviction records, voting histories for the past decade and the last four digits of all voters' Social Security numbers.[57] Many states' election officials claim they never received the request and some said they only forward the request from another state's secretary of state.

The letter was not made public, and it became publicly known only after Vanita Gupta, president and CEO of the Leadership Conference on Civil and Human Rights, tweeted out an image of the letter the day after the letter was written. Along with the image of the letter, she wrote "Pence and Kobach are laying the groundwork for voter suppression, plain & simple."[58] A few hours after Gupta's tweet, Kobach confirmed to The Kansas City Star that the letter was authentic.[6]

Kobach provided an e-mail address and a website for the election official to electronically submit the personal voter data. The e-mail address lacked basic encryption technology and was found to be insecure.[59]

The request may have violated the federal Paperwork Reduction Act because it was not submitted to the Office of Information and Regulatory Affairs (OIRA) prior to being made to the states. The submission to the OIRA would have required a justification and an explanation of how the data would be used and protected. Additionally, the request did not come with an estimate of how many hours it would take the states to respond. Regulatory experts opined that the consequence of a violation would be that states would not be required to respond.[60]

In January 2018, it was reported that the commission had, in its requests for Texas voter data, specifically asked for data that identifies voters with Hispanic surnames.[61]

Second request

On July 25, 2017, Kobach told the Kansas City Star that he intended to send another request for voter data, after receiving a favorable ruling in a lawsuit filed by the Electronic Privacy Information Center. The court had ruled against the center's motion to stop the commission from trying to collect the data, stating that the commission had only made a request, not a demand or an attempt to force.[57] The letter was sent the following day, and it differed from the first request by the addition "if state law allows [the] information to be public". The California Secretary of State announced that it would refuse to comply with the second request.[62]

State responses

There was an immediate bipartisan backlash and rejection of the inquiries with a majority of states quickly rejecting the requests.[7][8][10][63] Notably, commissioners Kobach, Dunlap, and Lawson (who also serve as the secretaries of state for Kansas, Maine, and Indiana respectively, with Indiana being Mike Pence's home state) indicated that their state laws forbade them from complying.[64][65] Some states offered to only provide information that is already made public or available for purchase.[8] No state has said they will fully comply with the list of demands.[66] In response, Trump made a statement on Twitter, "Numerous states are refusing to give information to the very distinguished VOTER FRAUD PANEL. What are they trying to hide?"[67]

Responses by election officials of the various states hide| State | Officeholder | Party | Received request? | Official response | Notes |

AlabamaJohn MerrillRepublicanYesWill sell public information[68]
AlaskaByron MallottDemocraticYesWill provide public information[69]
ArizonaMichele ReaganRepublicanYesWill not comply[70]
ArkansasMark MartinRepublicanYesWill provide public information[71]
CaliforniaAlex PadillaDemocraticYesWill not comply[72]
ColoradoWayne WilliamsRepublicanYesWill provide public information[73]
ConnecticutDenise MerrillDemocraticYesWill not comply[74]Initially planned to comply with state allowed public information.[75]
DelawareJeffrey BullockDemocraticYesWill not comply[76]
District of ColumbiaLauren VaughanDemocraticYesWill not comply[77]
FloridaKen DetznerRepublicanYesWill provide public information[78]
GeorgiaBrian KempRepublicanYesWill sell public information[79]$250
HawaiiShan TsutsuiDemocraticNo—
IdahoLawerence DenneyRepublicanYesIn review[80]
IllinoisJesse WhiteDemocraticYesWill not comply[81]Will not provide private information[82]
IndianaConnie LawsonRepublicanYesWill provide public information[83]Mike Pence's home state
IowaPaul PateRepublicanYesWill sell public information[84]
KansasKris KobachRepublicanYesWill provide public information[85]Vice Chair of Commission
KentuckyAlison GrimesDemocraticYesWill not comply[86]
LouisianaTom SchedlerRepublicanYesWill sell public information[87]
MaineMatthew DunlapDemocraticYesWill not comply[88]Member of Commission. Initially planned to comply with state allowed public information.[89]
MarylandJohn WobensmithRepublicanYesWill not comply[90]Against state law.[91]
MassachusettsWilliam GalvinDemocraticYesWill not comply[92]
MichiganRuth JohnsonRepublicanYesWill provide public information[93]
MinnesotaSteve SimonDemocraticYesWill not comply[94]
MississippiDelbert HosemannRepublicanNo, but forwardedWill not comply[95]
MissouriJay AshcroftRepublicanYesWill provide public information[96]
MontanaCorey StapletonRepublicanNo—Plans to not comply[97]
NebraskaJohn GaleRepublicanYesWill not complyWill not comply until more details are received.[98]
NevadaBarbara CegavskeRepublicanYesWill provide public information[99]
New HampshireBill GardnerDemocraticYesWill provide public information[100]Commission member
New JerseyKim GuadagnoRepublicanYesIn review[101]
New MexicoMaggie Toulouse OliverDemocraticNo, but forwardedWill not comply[102]
New YorkCesar PeralesDemocraticYesWill not comply[103]
North CarolinaElaine MarshallDemocraticYesWill provide public information[104]Governor Roy Cooper requested that the State Board of Elections not comply[105]
North DakotaAl JaegerRepublicanYesWill not comply[106]North Dakota is the only state without voter registration.
OhioJon HustedRepublicanYesWill provide public information[107]
OklahomaDave LopezRepublicanYesWill provide public information[108]
OregonDennis RichardsonRepublicanYesWill sell public information[109]$500 purchase
PennsylvaniaPedro CortésDemocraticYesWill not "actively" comply[110]Commission may make public purchase of $20[111]
Rhode IslandNellie GorbeaDemocraticYesWill provide public information[112]Called Kris Kobach oversight over the Commission "deeply troubling"
South CarolinaMark HammondRepublicanNo, but forwardedWill provide public information[113]
South DakotaShantel KrebsRepublicanYesWill not comply[114]
TennesseeTre HargettRepublicanYesWill not comply[115]
TexasRolando PablosRepublicanYesWill provide public information[116]
UtahSpencer CoxRepublicanYesWill provide public information[117]
VermontJim CondosDemocraticYesWill not comply[118]Initially planned to comply with state allowed public information, but wants to be assured data will be secured[119]
VirginiaKelly ThomassonDemocraticYesWill not comply[120]Governor Terry McAuliffe gave official answer.
WashingtonKim WymanRepublicanYesWill not "actively" comply[121]Commission may access public portal
West VirginiaMac WarnerRepublicanYesWill sell public information[122]$1,000
WisconsinDoug La FolletteDemocraticYesWill sell public information[123]$12,500
WyomingEd MurrayRepublicanYesWill not comply[124]Will not comply[124]