Dear Napa County Department of Corrections,
On behalf of the American Civil Liberties Union of Southern California and the League of Women Voters of California, I write to request records containing information regarding your policies and procedures whereby qualified voters in your custody are able to register and vote in local, state, and federal elections, pursuant to state and federal law election codes. Accordingly, please consider this a formal request pursuant to the California Public Records Act (Government Code Section 6250 et seq.). Thank you in advance for your anticipated timely cooperation with this request.
Specifically, we request copies of the following:
All current policies and procedures governing the ability to register and vote of individuals in your custody, under your supervision, or released from your supervision, including but not limited to policies describing voting rights, responsibilities of staff to know voting rules and/or notify individuals of their voting rights, procedures for facilitating the registration of voters in your custody or under your supervision, procedures for providing and processing vote-by-mail ballots for people in your custody or under your supervision, any agreements and/or policies for coordination with local elections officials, and any agreements and/or policies related to the provision of voter services by community organizations or members of the public;
All notices and/or materials posted in your offices and/or in detention facilities under your supervision or control, and notices and/or materials provided to individuals in your custody or under your supervision advising them of their voting rights, including but not
- limited to copies of materials in languages other than English, voter registration materials, handbooks, and pamphlets;
Any records regarding how many individuals in your custody or under your supervision contacted your office or staff regarding their voting rights, requested voting materials, registered to vote, and/or voted during 2018-2019;
- Any records related to complaints submitted to your department from individuals in your custody or under your supervision about any interference with their voting rights or ability to register to vote or vote and any records of actions taken by your department in response to such complaints; and
The name and contact information of the current staff person(s) and/or department or other entity that directly supervises and/or administers any programs and policies in your office and/or in detention facilities under your supervision or control related to voting access for eligible individuals in your custody or under your supervision.
As used above, “policies and procedures” includes but is not limited to orders, general orders, codes, regulations, unit or special department orders, bulletins, memoranda, directives, and training materials. Also, we would appreciate being informed if these policies or procedures are currently being updated or revised.
The California Public Records Act requires a response within ten (10) business days. Please respond either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely to justify the withholding of any requested record or any portion of any requested record. Cal. Govt. Code § 6255.The “burden of proof [is] on the proponent of non-disclosure to demonstrate a clear overbalance on the side of confidentiality.” See Michaelis, Montanari, & Johnson v. Superior Ct., 38 Cal. 4th 1065, 1071 (2006). Pursuant to § 6253(a), please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.
Pursuant to Government code § 6253.1, a public agency may, in its discretion, determine to waive fees. See N. County Parents Org. v. Dep’t of Educ., 23 Cal. App. 4th 144, 146 (1994). Because the ACLU is a nonprofit civil rights organization, we request that you waive any fees that would normally be applicable to a Public Records Act request. However, should you be unable to do so, the ACLU will reimburse your agency for the “direct costs” of copying those records (if your agency elects to charge for copying) plus postage. See Cal. Gov’t Code § 6253(b) (only “direct costs of duplication” can be charged to the requesting party). If you anticipate that these costs will exceed $20, please notify us of the cost prior to making the copies. No part of the information obtained will be distributed or sold for profit. If any records requested above are available in electronic format, please make them available in electronic format, as provided in Govt. Code § 6253.9.
If providing the records described above in electronic format, please email them to firstname.lastname@example.org. If providing the records described above via mail, please mail them to ACLU, c/o Erica Ramos, 1331 Garden Highway, Suite 300, Sacramento, CA, 95833. If we can
provide any additional information that will expedite your processing of our request, please do not hesitate to contact us at email@example.com or (916) 824-3261.