EDA Serves Public Records Lawsuit on Riverside County, CA

County Responses to Election Records Requests  "Not Responsive, Evasive, and Unusable"


Download EDA Complaint (PDF)

After repeated attempts to obtain election records through public records procedures were denied and evaded by the Riverside County elections department, Election Defense Alliance has filed a lawsuit in Riverside County, CA, to compel the county's registrar of voters and election department to produce all public records used to compile the officially reported voting results for the November 2008 general election.Complaint-Cover

The legal complaint, [Case No. R1C-541239] filed in Riverside County Superior Court November 13 and served on the Riverside Elections Department on December 12, is based on the California Public Records Act (CPRA) and related statutes in the California Government Code.

EDA maintains that all election records are -- or should be -- public documents, to be readily available for public inspection in a timely manner and in complete, usable form; otherwise the public right to verify election outcomes is effectively denied.

EDA is seeking these records to determine (a) whether the officially reported election results were accurate and correct, and (b) whether the elections were conducted in full compliance with the California Elections Code and state and federal requirements for the certification and use of computerized voting systems.

These laws and requirements include provisions guaranteeing the public
access to observe election processes and verify election results.

The lawsuit is the initial phase of the EDA Public Records Election Project (PREP).

Members of the
EDA PREP team collectively have experience monitoring elections and filing records requests in Riverside, Santa Cruz, and Monterey counties in California, and Pima and Maricopa counties in Arizona.

The EDA-PREP team worked 8 months studying relevant public records law, preparing the records requests, analyzing responses and records received from Riverside County, and following through with subsequent requests to obtain records that the Riverside elections department either initially refused to provide, or failed to provide in usable form.

Between April and October, 2009, EDA sent four separate CPRA request letters specifying the records sought in further response to Riverside County replies. Each of the request letters are attached to this article as downloadable PDF documents.


Lawsuit Claims and Relief Sought

EDA is seeking a judicial determination as to the legal validity of any of the exemptions the Riverside Elections Department has claimed, and whether its responses to EDA's information requests have been fully compliant with the requirements of the California Public Records Act.

EDA Complaint is Served on Riverside County Elections Department


Riverside election integrity activist Paul Jacobs accompanied Tom Courbat
to the Riverside County Elections Department on Dec. 12, 2009
to serve the summons forthe EDA lawsuit, Case No. RIC-541239.



As declaratory relief, EDA is seeking a court ruling that the Riverside defendants violated the California Public Records Act by:
 __ failing to demonstrate that requested records are exempt;
 __ requiring the payment of fees not  permitted by law;  
_ failing in their mandatory duties to respond to public information requests;
 __ abusing their official discretion, by failing to respond properly to public information requests;
 __ failing to provide requested records in useful form; and by 
 __ denying requests for public records without justification.

EDA is seeking a writ of mandamus compelling the Riverside defendants to:

 __ comply with each  provision of the CPRA
 __ deliver all records responsive to the EDA CPRA requests 
 __ comply with all such election-related records requests by citizens in the future
 __ pay EDA reasonable attorney’s fees and costs of the suit pursuant to Government Code Section  6259, the Code
     of Civil Procedure section 1021.5, and other relevant statutes; and
 __ such other and further relief as the court deems just and proper.
 
Below are a listing and description of election records EDA requested in the initial CPRA letter of April 24, 2009, and descriptions of the Riverside elections department response to each request.


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