EPIC has submitted urgent FOIA requests to the General Services Administration, the Election Commission, and the Arkansas Secretary of State for information about the State of Arkansas's production of voter data to the federal Commission. The request follows EPIC's lawsuit to block the transfer of state voter records to the Commission. In a hearing in federal court on July 7th, the Department of Justice revealed that Arkansas had transferred voter histories to the Commission, contradicting an July 5th statement by Vice Chair Kobach that no such transfers had occurred. EPIC is now seeking records of the Commission's compliance with Arkansas procedures for obtaining voter registration data, including designation of appropriate data elements, payment of fees, compliance with security requirements, and completion of necessary forms. In EPIC v. Commission, EPIC has argued that "As a matter of law, there is no 'publicly available' voter data that may be transferred to the Commission."
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by Ryan Calo, A. Michael Froomkin,