Open Carry is illegal at a polling place according to State Board of Elections?

[peter nap]

OK, this is where we stand right now. It's moving faster than I thought. Might be VCDL followed suit also but I got a call from Del Peace's Legislative Chief just as I was walking into the Concert. They called the BOE and they said it had always been their policy and they didn't need to clear it AG's office.

Peace is convinced we are right and they don't have the authority to have such a rule so he and Scott Ligenfelter (That's why I thought VCD may be involved or maybe just TFred or Ed) are going to request an AG Opinion.

Ligenfelter will ask for the opinion and Peace will cosign on it.

So We have made major headway on this.

In addition to Bowes and TFred and whoever wrote emails, Proshooter called. This is how it's supposed to work!

 

[va_tazdad]

Only in NYC

I did...I don't think the AG's office will be happy.
I used my favorite line "You can't just make up laws":lol:

Unless you are Mayor Bloomberg of course.

The Straw purchaser laws don't apply to him and the 2nd and 4th Amendments don't apply to NYC citizens or visitors.

Just ask him.

 

[va_tazdad]

Again

In case I failed to say it before, to all, Thanks for following up to resolve this "error" by the BOE.

 

[peter nap]

In case I failed to say it before, to all, Thanks for following up to resolve this "error" by the BOE.

Ain't resolved yet Taz, but I do believe we have their nose in a Vise Now. I didn't do anything...I was at a Beach Boys Concert Taking Video with a Camera I didn't have

 

[DrMark]

Ain't resolved yet Taz, but I do believe we have their nose in a Vise Now. I didn't do anything...I was at a Beach Boys Concert Taking Video with a Camera I didn't have

That's a great picture, particularly for someone without a camera!

 

[peter nap]

That's a great picture, particularly for someone without a camera!

Thanks Mark but it's just one frame I grabbed off of the three hour video I didn't make:uhoh:

 

[peter nap]

Follow up and correction.
There was a misunderstanding and as of right now....there is no firm commitment by any of the members of the General Assembly. They are "currently looking into it".

I will continue to work on this and update you as I'm updated.

 

[roscoe13]

From Lingamfelter's office:

Roscoe- Thanks for the email; we are looking into this right now, doesn't seem right to us. Give me a call at the office when you have a moment- (703) 580-1294.

Roscoe

 

[peter nap]

From Lingamfelter's office:



Roscoe

Thanks Roscoe. This has turned out to be a hot potato but at least things are moving forward.

 

[Bowesmobile]

I sent my notes to all three this morning. I hope this helps move things along.

 

[Grapeshot]

Have left message for Scott Lingamfelter - hope to hear back from either himself or his aide.

 

[ed]

I had received an email from Justin Riemer saying they will get back to me asap. that was some time ago.. so I followed up this morning with another response and a FOIA request.

Ed

 

[peter nap]

I had received an email from Justin Riemer saying they will get back to me asap. that was some time ago.. so I followed up this morning with another response and a FOIA request.

Ed

Good luck!

I had to walk in and announce they were going to explain it to the judge the next day if they didn't respond to my FOIA

Election Officials seem to think ignoring something makes it go away.

 

[ed]

Good luck!
I had to walk in and announce they were going to explain it to the judge the next day if they didn't respond to my FOIA
Election Officials seem to think ignoring something makes it go away.

From: Martha.Brissette@sbe.virginia.gov
To: vagunrights@gmail.com
CC: Justin.Riemer@sbe.virginia.gov, Nikki.Sheridan@sbe.virginia.gov
Sent: 7/6/2012 12:55:07 P.M. Eastern Daylight Time
Subj: Violation of Virginia Code - § 15.2-915. Control of firearms


Dear Mr. Levine:

In response to your email of July 5, 2012, this is to acknowledge receipt of your request for records under the Virginia Freedom of Information Act. You can review our FOIA policy on our website: http://www.sbe.virginia.gov/cms/About_Us/Freedom_Of_Information.html

Martha B. Brissette, Esq.
FOIA Coordinator/Policy Analyst
Virginia State Board of Elections
1100 Bank St.
Richmond, VA 23219
804.864.8925
Toll free 800. 552.9745

 

[1911 Enthusiast]

I see on the VA BoE FOIA web site they have the following to say about costs:

"FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records."

Have any of you who've made FOIA requests ever been billed? I'm curious to know if this is merely boilerplate language or if they really stick it to the requester--maybe as a way to discourage citizens from filing FOIA requests. The "staff time" could get expensive and it would be tough to challenge the number of hours actually spent researching the request and finding the data. And, of course, I suspect they would claim a reimbursement rate based upon the salary the highest paid hourly employee in the office receives.

 

[half_life1052]

I see on the VA BoE FOIA web site they have the following to say about costs:

"FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records."

Have any of you who've made FOIA requests ever been billed? I'm curious to know if this is merely boilerplate language or if they really stick it to the requester--maybe as a way to discourage citizens from filing FOIA requests. The "staff time" could get expensive and it would be tough to challenge the number of hours actually spent researching the request and finding the data. And, of course, I suspect they would claim a reimbursement rate based upon the salary the highest paid hourly employee in the office receives.

When we respond to a FOIA request, we don't typically charge unless we have to jump through hoops to provide it in a usable format ie make a video DVD from on vehicle camera systems. I believe there is a cap on what can be charged but this is just my recollection.

 

[skidmark]

I see on the VA BoE FOIA web site they have the following to say about costs:

"FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records."

Have any of you who've made FOIA requests ever been billed? I'm curious to know if this is merely boilerplate language or if they really stick it to the requester--maybe as a way to discourage citizens from filing FOIA requests. The "staff time" could get expensive and it would be tough to challenge the number of hours actually spent researching the request and finding the data. And, of course, I suspect they would claim a reimbursement rate based upon the salary the highest paid hourly employee in the office receives.

It can and has been done. Ask me how I know.

It is also quite challengable, and the judge of the Manchester Division of the Circuit Court of the City of Richmond was not very pleased at the excuse "there's an awful lot of stuff to be copied" when he found out just what the minute-by-minute activities of the various clerical staff were. (Yes, the FOIA requester asked the court to ask for that in order to determine if fulfilling the request really would delay the day-to-day operations of an agency that provides for the public safety of the citizens of the Commonwealth.)

Almost every FOIA request I know of that asked for more than a few (between 3 and 5) pages has been charged the copying fee. If nothing else it is an effective way of eliminating nuisance fishing expeditions. However, it can be either avoided or reduced by requesting material to be delivered electronically. Several file cabinets of documents can be put on a single disk. On the other hand, a carefully worded request will indicate whether or not the responding agency threw chaff and filler at you instead of providing the documents you in fact requested.

stay safe.

 

[peter nap]

From: Martha.Brissette@sbe.virginia.gov
To: vagunrights@gmail.com
CC: Justin.Riemer@sbe.virginia.gov, Nikki.Sheridan@sbe.virginia.gov
Sent: 7/6/2012 12:55:07 P.M. Eastern Daylight Time
Subj: Violation of Virginia Code - § 15.2-915. Control of firearms


Dear Mr. Levine:

In response to your email of July 5, 2012, this is to acknowledge receipt of your request for records under the Virginia Freedom of Information Act. You can review our FOIA policy on our website: http://www.sbe.virginia.gov/cms/About_Us/Freedom_Of_Information.html

Martha B. Brissette, Esq.
FOIA Coordinator/Policy Analyst
Virginia State Board of Elections
1100 Bank St.
Richmond, VA 23219
804.864.8925
Toll free 800. 552.9745

I do believe you were just snubbed Ed!

 

[ed]

I do believe you were just snubbed Ed!

Naw.. she just "officially" started the time clock.

 

[peter nap]

I see on the VA BoE FOIA web site they have the following to say about costs:

"FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records."

Have any of you who've made FOIA requests ever been billed? I'm curious to know if this is merely boilerplate language or if they really stick it to the requester--maybe as a way to discourage citizens from filing FOIA requests. The "staff time" could get expensive and it would be tough to challenge the number of hours actually spent researching the request and finding the data. And, of course, I suspect they would claim a reimbursement rate based upon the salary the highest paid hourly employee in the office receives.

I always instruct them to notify me of the charges in advance.

Please provide a copy of the following:

1. A copy of the Official State Board of Elections Policy restricting the possession of firearms at polling places.

2. The source of your legal advice used in creating the policy (Example: Virginia Attorney General's Office, Assistant A.G. XXXX).

3. A copy of any memo or email concerning the opinion requested in item 2.

Notify me at this email address of any charges due.

I prefer digitized copies emailed to me at this address.

Thank You