ELC

Election Law Center

VIA EMAIL October 18, 2013 Mr. Lawrence Haake Chesterfield County General Registrar PO Box 1690 Chesterfield, VA 23832 RE: Notice of Violation Under Section 8 of the National Voter Registration Act. I represent a client interested in election integrity, and herby notify you that the Chesterfield County Electoral Board is in likely violation of Section 8 of the National Voter Registration Act. You submitted a declaration, which I attach, in Virginia Democratic Party v. SBE, et al., (Case No. 1:13-cv-01219, E.D.Va.) which admits that your office is failing to comply with state law. The declaration demonstrates that your office is failing to take reasonable steps to ensure the voter rolls are free from ineligible voters. Federal law requires election officials to conduct a reasonable effort to maintain voter registration lists free from dead voters, ineligible voters and voters who have moved away; 42 U.S.C. §§ 1973gg-(6)(a)(4) and 15483(a)(2)(A)(ii)(I). In particular, the declaration indicates that your office has suspended the removal of voters who no longer reside in Chesterfield County and have been found to have registered in other states through the interstate cross check program. If the circumstances described in the attached affidavit are not cured within the 90 day notice period, my clients may initiate action in federal court seeking an order to command you to comply with federal and state law. My clients have brought multiple successful lawsuits under this provision of federal law for failure to maintain the rolls. This letter serves as the statutory notice to your county, required by 42 U.S.C. §1973gg-9(b)(2) prior to the commencement of any lawsuit under 42 U.S.C. §1973gg-9(b)(1), to enforce provisions of Section 8 of the National Voter Registration Act 42 U.S.C. §1973gg-6. It is our hope that your county will work quickly towards full compliance with 42 U.S.C. §1973gg-6, rendering legal proceedings unnecessary.

300 N. Washington Street Suite 405 | Alexandria, Virginia 22314 | 703.963.8611 | www.ElectionLawCenter.com

Section 8 also requires your county office to make available for public inspection “all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.” 42 U.S.C. § 1973gg-6(i)(1); See also, Project Vote v. Long, Slip Op. 11-1809, (4th Cir. June 12, 2012). (NVRA requires local election officials to provide voter registration data to the public). Please let me know when we may come inspect your office’s list maintenance records to see if your office is removing voters flagged by the interstate cross check program. My clients would like to inspect your registration records at a time convenient for circuit court personnel prior to November 4, 2013. Please let me know as soon as possible when my clients may physically inspect your voter registration records. These include all original or derivative election records. Thank you for your time and attention to this. Please feel free to call to arrange a convenient time to discuss these matters and arrange an inspection. Sincerely,

s/J. Christian Adams

c.c. Virginia State Board of Elections

300 N. Washington Street Suite 405 | Alexandria, Virginia 22314 | 703.963.8611 | www.ElectionLawCenter.com