My post this morning referred to the failure of the Erie County Board of Elections to publish voter apportionment data, something they have done routinely, for free on their website, for decades.  The apportionment information, among other things, breaks down the number of registered voters by party in the various local, state, and federal districts.

I filed a Freedom of Information Law request for that information on June 14.  This morning I received the following reply from the Board’s FOIL officers:

This is to inform you that the Erie County Board of Elections has received your request for documents from the Erie County Board of Elections that was filed under the Freedom of Information Law.

The Board of Elections staff is currently researching the requested information and should be able to respond to the FOIL request within twenty business days from the date of acknowledgement of the receipt of the request.

By law, we are authorized to charge $.25 per page for copying costs as well as the amount equal to the hourly salary attributed to the lowest paid Board employee who has the necessary skill required to prepare a copy of the requested record.

In addition, there are established charges associated with many of our common requests that are publicized on our website at: http://www.elections.erie.gov/content.aspx?id=142.

Once we have located the documents, if available, the Board of Elections will let you know the costs associated with reproduction.

As a reminder to all individuals who request information, “The Freedom of Information Law pertains to records; it is not intended to be used as a vehicle for cross examining government officials or employees. Therefore, an agency is not required to answer questions or to create a new record in response to questions. While agency staff may answer questions, and many do, that service is separate from the requirements of the Freedom of Information Law, which deals with requests for existing records.”

 As a further reminder to all requests for FOIL information, that the individual or company requesting the information acknowledges that the information provided will not be used directly or indirectly for commercial purposes.

Thank you for contacting our office and please be assured we will contact you further upon completion of the information you have requested.

Lacey C. Miller, FOIL Officer                        Robin J. Sion, FOIL Officer

Here is my reply:

As you both know, the records I have requested are readily at hand.  If they aren’t the Board is failing to do its job.  Your comment stating that you need an additional 20 days to search for the information is absurd..  

The apportionment records have been published for decades, free of charge, on the Board’s website.  To demand to be paid for this readily available information likewise is absurd.

We potentially have a situation in Erie County where the limits on family contributions to at least one candidate in this year’s primary elections in Erie County could be breached, so the BOE’s failure to immediately publish the available apportionment data could be taken as an attempt to hide relevant information.

Ken Kruly