--- © Albert Lane. All Rights Reserved. | Proprietary and Confidential Albert Lane Proprietary Software License | https://albertlane.net Unauthorized use, copying, or distribution is prohibited. --- # OREGON PUBLIC RECORDS REQUEST COVER LETTER & ADMINISTRATIVE APPEAL TEMPLATES ### Focus Area: Electronic Telemetry Data & Online Ballot-Marking Tool Records ##### Primary Investigators: Albert Lane & Robot ##### Project Provenance: albertlane.net | aros.albertlane.net | albertlane.net/research --- ## PART 1: COVER LETTER & PUBLIC INTEREST FEE WAIVER REQUEST **TO:** Office of the County Clerk / Elections Division **FROM:** Albert Lane & Robot, Lead Forensic Auditors (albertlane.net | aros.albertlane.net) **DATE:** [Date] **SUBJECT:** Public Records Request Submission & Public Interest Fee Waiver Application (ORS 192.324(5)) Dear County Clerk & Records Custodian, Enclosed please find a formal Public Records Request submitted pursuant to the **Oregon Public Records Law (ORS 192.311 through 192.478)**, seeking electronic telemetry, error logs, and usage metrics regarding the Online Ballot-Marking Tool and voter accessibility protocols within your jurisdiction. ### Application for Public Interest Fee Waiver / Fee Reduction (ORS 192.324(5)) Pursuant to **ORS 192.324(5)**, we respectfully apply for a full waiver or substantial reduction of all search, duplication, and administrative fees associated with processing this request. ORS 192.324(5) explicitly states: > *"The custodian of any public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public."* **Public Interest Justification:** 1. **Primary Benefit to the General Public:** This request is submitted on behalf of independent forensic election research published at **albertlane.net** and **aros.albertlane.net**. The findings will be made freely available to the public, civil rights advocacy groups, and state election officials to evaluate civic accessibility for unhoused and disabled Oregon electors under **ORS 247.038** and **OAR 165-005-0060**. 2. **Non-Commercial Nature:** The requesting entities have no commercial interest in the records sought. The data will not be resold or utilized for commercial advantage. 3. **Electronic Format & Reduced Administrative Burden:** To minimize public body labor, we request that all responsive data be transmitted electronically in native digital formats (CSV, JSON, PDF logs). Under **ORS 192.324(3)**, electronic records should be provided via email or secure download link without unnecessary paper duplication charges. If the public interest waiver is denied in whole or in part, please provide a written itemized estimate of fees prior to fulfilling the request, as required by **ORS 192.324(4)**. Respectfully submitted, **Albert Lane** & **Robot** Lead Forensic Auditors *albertlane.net* | *aros.albertlane.net* Contact: `audit@albertlane.net` --- ## PART 2: ADMINISTRATIVE APPEAL & PETITION TO DISTRICT ATTORNEY (DENIAL / EXCESSIVE FEE REASONABLENESS) **PETITION FOR REVIEW OF DENIAL / UNREASONABLE FEE ASSESSMENT OF PUBLIC RECORDS** **Pursuant to ORS 192.415 and ORS 192.418** **BEFORE THE DISTRICT ATTORNEY OF [COUNTY NAME] COUNTY, STATE OF OREGON** **PETITIONERS:** Albert Lane and Robot (albertlane.net | aros.albertlane.net) **RESPONDENT:** County Clerk & Elections Division, [County Name] County, Oregon ### I. STATEMENT OF JURISDICTION & PURPOSE This Petition is filed under **ORS 192.415**, which authorizes any person denied the right to inspect or receive a copy of a public record by a local public body to petition the District Attorney of the county in which the public body is located. Petitioners appeal: * [ ] A formal written or constructive denial of the public records request dated [Date]. * [ ] An unreasonable or excessive fee assessment in the amount of \$[Amount] assessed by Respondent on [Date], which operates as a constructive denial. * [ ] An arbitrary denial of a Public Interest Fee Waiver under **ORS 192.324(5)**. ### II. SUMMARY OF REQUESTED RECORDS On [Date Request Submitted], Petitioners submitted an electronic public records request seeking system usage logs, download statistics, print-failure error reports, and signature attestation metrics (SEL 540) associated with the state-approved Online Ballot-Marking Tool. ### III. LEGAL ARGUMENTS & GROUNDS FOR APPEAL #### 1. Public Records Presumption & Electronic Access (ORS 192.314 & ORS 192.324) Under **ORS 192.314(1)**, *"Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided."* The requested electronic server logs and system metrics are non-exempt, raw machine data maintained in the ordinary course of election administration. #### 2. Unreasonable Fee & Constructive Denial (ORS 192.324 & ORS 192.415) Respondent's fee assessment of \$[Amount] is unreasonable and violates **ORS 192.324(4)**, which limits fees to the *"actual cost of making the records available."* Assessing exorbitant labor fees for routine electronic log extraction or data export constitutes an unlawful barrier and constructive denial of public inspection. #### 3. Arbitrary Denial of Public Interest Fee Waiver (ORS 192.324(5)) Respondent failed to properly evaluate the public interest criteria under **ORS 192.324(5)**. The requested records directly inform public understanding of vote-by-mail accessibility for voters experiencing housing instability or disabilities. Denying a fee waiver for non-commercial research serving democratic oversight constitutes an abuse of administrative discretion. ### IV. PRAYER FOR RELIEF Petitioners respectfully request that the District Attorney issue an Order pursuant to **ORS 192.415**: 1. Ordering Respondent County Clerk to immediately disclose and transmit the requested electronic telemetry data. 2. Directing Respondent to grant a full or substantial fee waiver under **ORS 192.324(5)**. 3. In the alternative, ordering Respondent to recalculate fees strictly limited to actual direct costs without excessive administrative surcharges. DATED this [Day] day of [Month], 20[Year]. Respectfully submitted, ____________________________________ **Albert Lane** & **Robot** Lead Forensic Auditors *albertlane.net* | *aros.albertlane.net* `audit@albertlane.net` --- © Albert Lane. All Rights Reserved. | Proprietary and Confidential Albert Lane Proprietary Software License | https://albertlane.net Unauthorized use, copying, or distribution is prohibited. ---