Washington, D.C. – On the day of the second meeting of the Presidential Commission on Election Integrity, U.S. Senators Sheldon Whitehouse (D-RI) and Amy Klobuchar (D-MN) questioned the integrity of the Commission and called for transparency and compliance with the law. To date, the Commission and the Administration have failed to respond to five congressional oversight requests seeking more information about the Commission’s work. The Commission’s requests for voter data received overwhelming bipartisan pushback from state election officials. In a letter, Whitehouse and Klobuchar urge the Commission to comply fully with the law and focus its attention on real threats to our election system like cyberattacks from foreign adversaries and state voter suppression laws.
“We write to follow up on previous letters sent from several United States Senators to the Commission that have gone unanswered. To date, the Commission and the Administration has failed to respond to five congressional oversight requests seeking more information about the Commission’s work,” the senators wrote. “The Commission’s obligation to be fully transparent is critical to keeping both Congress and the American people apprised of the Commission’s actions. Thus far the Senate has received no response regarding the Commission’s plans to ensure transparency and its first meeting was closed to the public and made available only via webcast— an apparent lack of adherence to the Federal Advisory Commission Act.”
The senators continued, “As it prepares for its second meeting, it is clear the Commission is failing to comply with standards set forth by the laws that govern presidential advisory commissions. With so much real work that needs to be done to protect the integrity of our elections, the Commission’s focus and behavior thus far are incomprehensible. We strongly urge the Commission to comply fully with the law and focus its attention on real threats to our election system like cyberattacks from foreign adversaries. Prior letters sent the Commission are enclosed here and we request a response to these inquiries by September 25.”
In June, Senators Klobuchar, Whitehouse, Dianne Feinstein (D-CA), Gary Peters (D-MI), and 12 other senators requested details of the Commission’s compliance with the Federal Advisory Commission Act. Klobuchar, Feinstein, Whitehouse, and Senate Judiciary Committee Democrats have also asked the U.S. Department of Justice whether the Commission had the legal authority to request sensitive voter information from states. In July, Klobuchar and Senator Jack Reed (D-RI) led 23 senators in demanding that the Commission rescind its request that state election officials provide sensitive voter roll data.
The full text of the senators’ letter is below:
Dear Commissioners:
We write to follow up on previous letters sent from several United States Senators to the Commission that have gone unanswered. To date, the Commission and the Administration has failed to respond to five congressional oversight requests seeking more information about the Commission’s work. These letters include:
- A June 29, 2017, letter from 16 Senators to Vice President Mike Pence and Kansas Secretary of State Kris Kobach requesting details of the Commission’s compliance with the Federal Advisory Commission Act and demanding transparency.
- A June 30, 2017, letter from Senator Klobuchar to Vice President Pence and Secretary Kobach voicing opposition to the Commission’s broad request of American voters’ sensitive personal information that is often not publicly available, including their names, addresses, dates of birth, political party, voting history, and the last four digits of their Social Security numbers.
- A July 6, 2017, letter from 25 Senators to Vice President Pence and Secretary Kobach demanding the Commission rescind its request that state election officials provide sensitive voter roll data.
- A July 11, 2017, letter from 11 Senators to Attorney General Jeff Sessions and Acting Assistant Attorney General Thomas Wheeler asking the U.S. Department of Justice whether the Commission has the legal authority to request sensitive voter information from states and requesting information about whether the Department of Justice and the Commission are coordinating efforts.
- A July 31, 2017, letter from Senators Feinstein, Brown, and Wyden to White House Counsel Don McGahn seeking answers from the White House on its decision to publish emails containing sensitive personal information from citizens sharing concerns about the Commission.
The Commission has not responded to a single letter from Senators with oversight jurisdiction over the Commission and continues to be rebuked for its questionable activities. For example, the Commission has renewed its highly controversial request for sensitive voter data. The Commission’s initial request for the data was sent the same day that the Department of Justice issued a request to forty-four states seeking information about state-level procedures for maintaining voter registration lists, suggesting possible coordination between the Commission and the DOJ. The Commissions’ requests for voter data received overwhelming bipartisan pushback from state election officials.
State election officials are not alone, and a federal court has also raised concern regarding the Commission’s actions. Last month, the Justice Department was forced to apologize in court for the Commission’s “chaotic start,” and U.S. District Court Judge Colleen Kollar-Kotelly chastised the Commission for its failure to fulfill its promise to disclose relevant documents, calling it “incredible” that the panel failed to do so.
The Commission has also been challenged for violating the Presidential Records Act for failing to ensure that Commissioners have secure forms of electronic communication. The Presidential Records Act requires federal officials preserve and maintain secure communications. The Commission’s obligation to be fully transparent is critical to keeping both Congress and the American people apprised of the Commission’s actions. Thus far the Senate has received no response regarding the Commission’s plans to ensure transparency and its first meeting was closed to the public and made available only via webcast— an apparent lack of adherence to the Federal Advisory Commission Act.
As it prepares for its second meeting, it is clear the Commission is failing to comply with standards set forth by the laws that govern presidential advisory commissions. With so much real work that needs to be done to protect the integrity of our elections, the Commission’s focus and behavior thus far are incomprehensible. We strongly urge the Commission to comply fully with the law and focus its attention on real threats to our election system like cyberattacks from foreign adversaries. Prior letters sent the Commission are enclosed here and we request a response to these inquiries by September 25.
Sincerely,
###
