Idaho Dems Win Agreement from Secretary of State

The Idaho Democratic Party just stopped Secretary “Boss” Denney from sending any of your voting info to the Trump Election Commission.

After we filed a temporary restraining order last week, attorneys from the SOS office asked to reach a settlement instead of taking the issue to court. Our team of lawyers was able to negotiate a win for Idaho voters. Now, Secretary Denney cannot comply with the current Commission’s request and if another formal request is filed, they must notify us and give us a 10-day window before they can respond. We can, and plan to, take legal action if another request is sent.

The Idaho Democratic Party is the first state party that sought to prevent the state from releasing this information. Regardless of party affiliation, this is a win for every voter in Idaho. While the Idaho GOP has stayed silent, Idaho Democrats are safeguarding the privacy of Idaho voters.

See below for the press release.

See AP Reporter Kim Kruesi’s article here: https://apnews.com/60899142c4454588acd014f9aa3fbf0e

Idaho Dems Win Agreement from Secretary of State Not to Send Idaho Voter Info to Feds

Boise, Idaho–The Idaho Secretary of State’s Office (SOS) has agreed not to jeopardize Idaho voter information by sending it to the Presidential Advisory Commission on Election Integrity. As part of the settlement finalized today, the Idaho Democratic Party (IDP) has dropped a legal action filed last week seeking a temporary restraining order against the SOS.

“We are very pleased to tell Idahoans that we have protected their privacy by negotiating for an agreement that Secretary Denney will not send the voter information sought by the Trump Commission,” said IDP Chair Bert Marley. “If Secretary Denney considers sending the information in the future, he has agreed to give us 10 days of notice so we have time to re-file our lawsuit and fight for the privacy that Idaho voters expect and deserve.”

The IDP is satisfied that the settlement is favorable because the Party filed an action seeking to prevent the state from complying with the request from the Commission, and seeking a restraining order on any further compliance. The IDP stipulation grants us both of those requests.

The SOS will not comply with any previous request, and only if the Commission sends a new communication asking for the same or similar information, can they comply. The SOS also agrees to be restrained in complying with any future request, as they must give the IDP 10 days notice, and tell us if they are going to comply or not.

It is clear from the SOS’s statements that the Commission is not demanding this information, so it’s entirely voluntary for the SOS to comply. Therefore the SOS is acknowledging that they do not have to comply with the request, and if they do comply, it is by choice, and against the clear public opinion against compliance.

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The following is the original press release, from July 11, 2017, that explained the legal action:

Boise, Idaho—To stop private Idaho voter information from being sent over unsecured internet connections and to keep that information from being exploited for commercial purposes, the Idaho Democratic Party (IDP) filed for a temporary restraining order against the Idaho Secretary State’s Office today in Idaho’s Fourth District Court.

The IDP seeks to stop the Idaho Secretary of State from complying with a request from the Presidential Advisory Commission on Election Integrity. The Commission has asked all states to send private voter information to them. The information sought includes: full names, last four digits of Social Security numbers, dates of birth, political party affiliation, voting history, addresses and phone numbers, felony convictions, military status, overseas voting records, and registration in another state.

Among other arguments, the IDP believes that the Commission’s request is illegal under Idaho’s public records law, which prohibits the releasing of this private information for commercial use. By saying they will publicize this information, the Commission leaves it open for commercial interests to target Idaho voters. Further, the by failing to provide a secure way of transmitting the information, the Commission allows for other nefarious ways for commercial interests to capture and exploit this private information.

“No one. Absolutely no one in Idaho has ever said they wished more of their private information would fall into the hands of hackers, or telemarketers, or even the federal government,” said IDP Chair Bert Marley. “While Secretary Denney has indicated that he may not send all of the information the Trump Commission wants, he simply failed to offer assurances that this is a legal request or that the information will be safeguarded and kept private.”

IDP Attorney Sam Dotters-Katz of Marcus, Christian, Hardee and Davies, LLC, filed the lawsuit Monday. He said that Idahoans are on the verge of, irreparably, having their private information shared with the whole world.

“This is quite simply about following Idaho law, which is very clear about making it paramount for the Secretary of State to make sure Idaho voter information stays private,” said Dotters-Katz.

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