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Wednesday, June 13, 2012 To: Greg Abbott, Texas Attorney General (greg.abbott@texasattorneygeneral.

gov) Dear Attorney General Abbott: This is a formal complaint against the Chair of the Texas Democratic Party ("TDP"), for violating Texas Code 552, Texas Public Information Act (the Act), and a request for assistance. Under Texas Election Code 192.031, being federally qualified for the job is a condition predicate to entitlement of the Presidential candidate from the major political party, to appear on the general election ballot. Accordingly, with respect to the names of those Presidential candidates submitted by the TDP to the Secretary of State (SoS) to be printed on the primary ballot; on March 26, I sent a letter to the TDP pursuant to the Act, requesting any and all documents which were the basis for your certification to the TXSoS that these candidates are federally qualified for the job. (See attached copy of my original request for documents.) According to Texas Election Code, 141.035 and 161.004, the documents which were the subject of my March 26 request to the TDP are public records. And, in fact, in response to my request, the TDP sent four applications for President which had been submitted to them by candidates wishing to appear on the primary ballot, and which they had forwarded to the SoS. (See attached copy of sample application.) However, this is not what I requested. Specifically, as can be seen by viewing the TDPs application; no information either elicited by the party or sworn to by the candidate, evidences the candidate was federally qualified for the job. Contrast this with the eligibility language in the application required by the SoS, to be submitted by Independent/Write-in candidates, which also contains an oath (to the Secretary) that the facts so attested, are true, subject to the pains and penalties of perjury. (See attached sample application.) Also contrast the candidates eligibility self-affirmation in the application used by the Republican Party of Texas (RPT) which, although made to the RPT; under Penal Code Title 8; Chapter 37; 37.01, is nonetheless equally solemn as subject to the same perjury standard. (See attached sample application.) Further, having failed to fulfill my request for documentation with respect to federal qualification; the TDP presented no evidence they had submitted to your office a petition to waive compliance, as provided for, under the Act. Production of the properly requested documents can be compelled pursuant to section 161.009 of the Texas Election Code, Party Officer Subject to Mandamus. Accordingly, I want your office to assist me in retrieving the public records I requested, using this provision of the law or whatever other lawful means are available. Further, given that resolution of this complaint is time sensitive, as impacting the formatting of the general election ballot; I further ask that, should any questions arise, please, call me immediately at (817) 929-3299, or reply via email. Thank you, Kelly Cc: Reg Hargrove; Public Information Coordinator; Office of the Attorney General (publicrecords@texasattorneygeneral.gov) Texas Secretary of State, Hope Andrade (secretary@sos.state.tx.us) Texas Democratic Party Chairman, Gilberto Hinojosa (ghinojosa@txdemocrats.org) Republican Party of Texas Chairman, Steve Munisteri (smunisteri@texasgop.org) Attachments #1: "Lttr Req for Docs-ToBoydRichieTDP.pdf" -- My original request for documents; My request to the RPT was similar. #2: "TDP-SampleApp-Obama.pdf" -- One of the four applications sent to me by the TDP, in response to my request. #3: "RPT-SampleApp-Romney.pdf" -- One of eight applications sent to me by the RPT, in response to my request. #4: "IndAppPresident-Sample.pdf" -- Sample application for an Independent candidate, as found on the SoS website.