Vince Ryan Letter Requesting Ruling From AG On Request For Certain Voting Applications

8/8/2019 Vince Ryan Letter Requesting Ruling From AG On Request For Certain Voting Applications

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Vince RyanHarris County Attorney

October 11,2010

Honorable Greg AbbottAttorney General of TexasSupreme Court BuildingP. O. Box 12548Austin, Texas 78711-2548

Via Certified Mail/ Return Receipt RequestedAnd Via Fax to 512-463-2092

Attention: Open Records Division

Re: Public Information Request by Colleen Vera, True the Vote for: 1) A paper copy of all voter applicationssubmitted 9-6-10 through 9-24-10 where the applicant has indicated that they have not been issued a TexasDriver 's License/Personal Identif ication Number or Social Security Number; 2. All updates and changes toVolunteer Deputy Application Reports in electronic format from 9-6 through 9-24-10.CA. File No 10GEN2276

Dear General Abbott:

On September 27, 2010, the Harris County Tax Assessor CollectorNoter Registrar's Office (the "TaxOffice") received the above request for information pursuant to the Texas Public Information Act, TEX. GOV'T CODEANN. 552.001-552.353, as amended . The requestor has asked for the above-referenced information. Therequested records/information appear to be excepted from disclosure pursuant to the Texas Public Information Act.A memorandum brief and the responsive records for which we are seeking exceptions are enclosed. Please provideus with your opinion regarding this matter.

The requestor is being copied with this letter, and is being notified that if he should have any questionsregarding the Texas Public Information Act, he may contact the Office of the Attorney General's Hotline at (877)673-6839.

Yours very truly,

VINCE RYAN

CountyAttrJ \\ \ j" 'By . '-. .. ! ./'1

DAVID D1\UgRERTY ; /Assistant CoUnty AttorneyV

VRiDDCC without Exhibits "B 1", "B2", "C", and D"Colleen Vera Rus Hargrove

True the Vote Assistant Attorney General, Public Information Coordinator9562 Hempstead Road Office of the Attorney GeneralHouston, Texas 77092 P.O. Box 12548

Austin, Texas 78711-2548

Donna Lightfoot, HC Tax Assessor CollectorNoter Registrar's OfficeSonya Aston, HC Tax Assessor ColiectorNoter Registrar's Office

1019 Congress, 15 th Floor Houston, TX 77002-1700 Phone:713-755-5101 Fax: 713-755-8772


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MEMORANDUM BRIEF

On September 27, 2010, the Harris County Tax Assessor CollectorNoter Registrar'sOffice (the "Tax Office" or the "Voter Registrar's Office") received a Public Information Act("PIA" or the "Act") request for documents by Colleen Vera, True the Vote, to Leo Vasquez, Tax

Assessor-Collector and Voter Registrar's Office, which is attached hereto as Exhibit "A" andincorporated herein as if set out verbatim. See Exhibit "A". Requestor asked for: for: 1) A papercopy of all voter applications submitted 9-6-10 through 9-24-10 where the applicant hasindicated that they have not been issued a Texas Driver's License/Personal Identification Numberor Social Security Number; 2. All updates and changes to Volunteer Deputy Application Reportsin electronic format from 9-6 through 9-24-10. The requested information appear to be exceptedfrom disclosure pursuant to the Texas Public Information Act. The responsiverecords/information for which an exception is sought are enclosed. See Exhibits "B1"(responsive to the first part of the request) and "B2" (responsive to the second part of therequest).

Discussion

The information requested includes information that falls under 552.108, the "lawenforcement exception." That exception provides in pertinent part as follows:

(a) Information held by a law enforcement agency or prosecutorthat deals with the detection, investigation, or prosecution of crimeis excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with the detection,investigation, or prosecution of crime;

TEX.GOV'TCODEANN. 552.108, as amended.

The Harris County District Attorney's Office objects to the release of Exhibit "B"because the matter is still under investigation [of which the State has joined] and it is believedthat the release of the information would interfere with the detection, investigation, orprosecution of crime, as set-forth in the submitted affidavit of Terese Buess, Assistant DistrictAttorney. See Exhibit "C". The requested records relate directly to an open case investigation.The Attorney General has consistently ruled that this exception to the Act is designed to protectlaw enforcement interests during the detection, investigation, or prosecution of criminal acts.Thus, 552.108 (a)(1) is applicable and the requested records should be withheld.

We have been informed by Reg Hargrove, Assistant Attorney General and PublicInformation Coordinator for the Texas Attorney General's Office, that the Attorney General'sOffice also has an active criminal investigation ongoing on this matter which will be briefed bytheir office as well and also that the requested information relates to the Attorney General'sactive criminal investigation and should therefore not be released.

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The records/information in Exhibits "Bl" and "B2" should be excepted in their entiretyfrom disclosure pursuant to 552.108 of the Act.

Section 552.1 03(a) excepts from public disclosure information relating to litigation of acivil or criminal nature to which the state or a political subdivision is or may be a party.

Pursuant to Section 552.103 of the Act:

"(a) Information is excepted from the requirements of 552.021 if it is informationrelating to litigation of a civil or criminal nature to which the State or a political subdivision is ormay be a party or to which an officer or employee of the State or a political subdivision, as aconsequence ofthe person's office or employment, is or may be a party."

The test for applying the Section 552.103 litigation exception is two pronged. First, agovernment entity must demonstrate that litigation is either pending or reasonably anticipatedthen it must establish that the information requested relates to the litigation. Open RecordDecision No. 555 and Open Record Decision No. 638.

Reasonable Anticipation of Litigation

The litigation exception applies not only when a lawsuit has been filed but also when" ...litigation is reasonably anticipated." Heard v. Houston Post, 684 S.W.2d 210, 212 (Tex.App. - Houston [1

stDistrict] 1984). "Whether litigation is reasonably anticipated must be

determined on a case-by-case basis." Open Records Decision No. 452. Even in the absence ofan identified plaintiff the litigation exception can be met. University of Texas Law School v.Texas Legal Foundation, 958 S.W.2d 49 Tex. App. - Austin 1997).

As stated in assistant county attorney, F. Clinton Gambill II 's affidavit attached hereto as

Exhibit "D" and incorporated herein for all purposes:

"I have been informed that a Public Information Act request to the Leo Vasquez, HarrisCounty Tax Assessor Collector and Harris County Voter Registrar (the "Tax Office" or the"Voter Registrar's Office") has been received and I am familiar with the request.

Our Office represents Leo Vasquez in his capacity as Harris County Tax AssessorCollector and Harris County Voter Registrar, as well as Harris County, Texas, in pendinglitigation that also involves some of the subject matter of said request, i.e., Texas DemocraticParty; Boyd L. Richie, in his capacity as Chairman of the Texas Democratic Party; HarrisCounty Democratic Party; and Gerald Birnberg, in his capacity as Chairman of the Harris

County Democratic Party, Plaintiffs, vs. Leo Vasquez, in his capacity as Harris County TaxAssessor Collector and Harris County Voter Registrar, and Harris County, Texas, Defendants inthe following Cause Numbers/Court in Houston, Harris County, Texas: 4:08-CV -03332 in theUnited States District Court for the Southern District of Texas, Houston Division. This litigationwas already pending at the time that the afore-mentioned Public Information Act request wasreceived.

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Therefore, the County Attorney's Office opposes the disclosure at this time of therequested information, that is not being released by the Voter Registrar's Office or has notalready been released to the public, because documents/records contain pertinent informationthat should not be disclosed pending the conclusion of the aforesaid and other pending litigation.

On behalf of the Harris County County Attorney, I have determined that the release of the

requested information (not already released or being released as stated above) should be withheldfrom disclosure under the Texas Public Information Act because release of the information nowwould interfere with the ongoing case.

Public disclosure of information relating to the cases outside the context of the formaldiscovery process could significantly impair the ability of the Harris County Attorney's Office,Harris County, and/or the Voter Registrar's Office to properly investigate this matter or obtaina fair trial of the matter and would unduly interfere with due process and due course of lawafforded to same."

The recordslinformation in Exhibits "Bl" and "B2" should be excepted in their entirety

from disclosure pursuantto 552.1 03 ofthe Act.

For the above stated arguments and authority the recordslinformation in Exhibits "Bl "and "B2" should also be excepted in their entirety pursuant to other provisions of the Act andsuch other provisions of law as may also be applicable.

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From: Colleen Vera [maiito:[email protected]]< " Sent: Monday, September 27, 2010 11:30 AM

To: German, Chris (Tax Office)Cc: Lightfoot, Donna (Tax Office)Subject: Open Records Request

To: Chris GermanVoter Registration Roll ManagerOffice of Leo VasquezHarris County Tax Assessor-Collector and Voter RegistrarFax: 713-368-2309chris. [email protected]

From: Colleen VeraTrue the Vote Volunteer9562 Hempstead RoadHouston, TX [email protected]

I have withdrawn my recurring request #3442 and I am re-submitting an OPENRECORDS REQUEST on behalf of TRUE THE VOTE for the following:

1. A paper copy of all voter applications submitted 9-6-10 through 9-24-10where the applicant has indicated that they have not been issued a Texas Driver'sLicense/Personal Identification Number or Social Security Number.

2. All updates and changes to Volunteer Deputy Application Reports inelectronic format from 9-6-10 through 9-24-10.

Please contact Nancy Geigel at nancy@kingstreetpatr iots.org when the material isready for pickup.

Thank you,

Colleen Vera

Documents

Vince Ryan Letter Requesting Ruling From AG On Request For Certain Voting Applications