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Fenty 2010 Committee 
Freedom of Information Request to DC Board of Elections and Ethics
August 23, 2010

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Perkins Coie

607 Fourteenth Street N.W.
Washington, D.C..20005-2011 
PHONE: 202.628.6600
FAX 202.434.1690
www.perkinscoie.com

Marc Erik Elias
PHONE (202) 434-1609 
FAX (202) 654-9126 
EMAIL MElias@perkinscoie.com

August 23, 2010

BY E-MAIL AND HAND DELIVERY

Teri Stroud
FOIA Officer 
Board of Elections and Ethics
441 4th Street, NW, Suite 250 North
Washington, DC 20001

Re: Freedom of Information Act Request 

Dear Ms. Stroud:

Pursuant to the D.C. Freedom of Information Act, DC St. §§ 2-531, et. seq., and on behalf of Fenty 2010, I request the following documents, information, and data:

  • The list of all registered voters in the District of Columbia, including voters marked as inactive. The list should indicate whether the voter is marked as a Special Ballot voter and the reason for that designation. Please provide this information on August 30, 2010, and provide updates each weekday.
  • The name of all individuals (and all data associated with each individual) (a) who have requested absentee ballots, including those individuals on any permanent absentee voter list, (b) who have been mailed an absentee ballot by the Board, (c) who have returned an absentee ballot to the Board, and/or (d) whose absentee ballot has been deemed by the Board to be eligible for counting. Please provide this information as soon as possible, with updates each weekday.
  • The name of all individuals (and all data associated with each individual) who have returned an absentee ballot to the Board and whose absentee ballot has been deemed by the Board to be ineligible for counting. For each such individual, please also provide the Board's reason for rejecting the ballot. Please provide this information as soon as possible, with updates each weekday.
  • Copies of all "absentee ballot envelopes" (e.g. the envelope containing the voter's signature) received by the Board. The copy should include a visible image of the voter's signature. Please provide this information as soon as possible, with updates each weekday.
  • The name of all individuals (and all data associated with each individual) who have submitted (or on whose behalf has been submitted) voter registration applications, and whose applications have been rejected by the Board. Please provide this information as soon as possible, with updates each weekday.
  • Copies of all Poll Watcher certificates submitted by the campaigns of candidates for Mayor. Please provide this information as soon as possible, with updates each weekday.
  • The name of all individuals (and all data associated with each individual) who voted (either by Regular or Special Ballot) at any of the following locations between August 30, 2010 and September 13, 2010: the Old Council Chambers, Chevy Chase Recreation Center, Turkey Thicket Recreation Center, Hines Junior High School, Southwest Tennis and Learning Complex, and any other location designated by the Board for early and in-person absentee voting. Please indicate whether each voter cast a Regular or Special Ballot and, if the voter cast a Special Ballot, the reason(s) for doing so. Please provide this information every weekday, starting on August 30, 2010.
  • The name of all individuals (and all data associated with each individual) who voted Special Ballots during the Early Voting period, along with the reason why the voter was not allowed to cast a Regular Ballot. Please provide this information every weekday, starting on August 30, 2010.
  • Copies of all Special Ballot Envelopes completed by voters during the Early Voting period and on Election Day. Please provide these copies on a rolling basis, starting on August 30, 2010 and continuing until all copies (including copies of all Special Ballot Envelopes completed on Election Day) have been provided.
  • The paper pollbook generated for each of the 143 polling places for Election Day. Please provide this information on the day that it is finalized by the Board.
  • The "Supplemental List of Early Voters", the "Supplemental List of Absentee Voters", the "Administrative Challenge List", and any other supplemental lists generated for each of the 143 polling places for Election Day. Please provide this information on the day that it is finalized by the Board.
  • The name of all individuals (and all data associated with each individual) who voted Special Ballots on Election Day, along with the reason why the voter was not allowed to cast a Regular Ballot. Please provide this information on September 15, 2010.
  • Copies of the completed poll books from all 143 polling places. Please provide these copies on September 15, 2010.
  • Copies of all signed "zero printouts" from all 143 polling places prepared pursuant to 3 D.C.M.R. § 712.1. Please provide these copies on September 15, 2010.
  • Copies of all reports prepared pursuant to 3 D.C.M.R. §§ 723.2, 723.3, 723.4, 723.5, and 723.6. Please provide these copies on September 15, 2010.
  • Copies of all certifications from all 143 polling places prepared pursuant to 3 D.C.M.R. §§ 724.9 and 724.10. Please provide these copies on September 15, 2010.
  • Copies of the Hourly Ballot Reconciliation Forms from all 143 polling places. Please provide these copies on September 15, 2010.
  • Copies of the "iVotronic Touch Screen Voting Machine Closing Form", "iVotronic Touch Screen Voting Machine Closing Form", "Delivery Confirmation Form: Primary Election", "M100 Optical Scan Voting Machine Opening Form", "Optical Scan Voting Machine Closing Form", "Election Results Pickup Form for Team 'A' Members", and the "Removing the RTAL Printer Paper Cartridge" form from all 143 polling places. Please provide these copies on September 15, 2010.
  • Copies of any notices mailed to Special Ballot voters after the election pursuant to 3 D.C.M.R. § 714.15, which are subsequently returned to the Board as "undeliverable" or for any other reason. Please provide these copies on the day that they are received by the Board.
  • A copy of the results of any data match or data verification program that the Board uses to make determinations pursuant to 3 D.C.M.R. § 714.12. Please provide this on the day that the Board completes each data match or data verification program.
  • Copies of any requests filed by, or on behalf of, other D.C. Mayoral campaigns pursuant to the D.C. Freedom of Information Act, DC St. §§ 2-531, et. seq. between January 1, 2010 and September 30, 2010. Please provide these copies on a rolling basis.

If the documents, information, or data can be e-mailed, you may e-mail them to lejuan.strickland@gmail.com. If the documents, information, and data cannot be e-mailed, please let LeJuan know, either via e-mail or phone (202-821-7694), and he will send someone to your office to pick them up.

If you anticipate being unable to comply with any part of this request, on the date(s) specified, please let us know immediately. Please indicate whether, despite being unable to comply with part of this request, you are still able to comply with other parts of this request.

Please inform us of any charges associated with these requests and the method of payment requested.

If you have any questions or concerns, please do not hesitate to call at (202) 434-1609 or e-mail at MElias@perkinscoie.com.

Very truly yours,
Marc E. Elias
cc:   Mr. Kenneth J. McGhie, General Counsel
Mr. Rokey W. Suleman II, Executive Director

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