Numerous election administrators and voting rights advocates have dismissed unsupported claims of voter fraud; Senators demand that if the Commission is going to proceed, it do so with an open and honest process that follows all applicable laws

WASHINGTON, DC —U.S. Senators Amy Klobuchar (D-MN), Dianne Feinstein (D-CA), Sheldon Whitehouse (D-RI), Gary Peters (D-MI), and 12 other senators today requested details of the Presidential Commission on Election Integrity’s compliance with the Federal Advisory Commission Act (FACA). Numerous election administrators and voting rights advocates have dismissed unsupported claims of voter fraud. In a letter to Vice President Mike Pence, the Chairman of the Commission, and Vice Chairman Kris Kobach, the senators demand that if the Commission is going to proceed, it do so with an open and honest process that follows all applicable laws, and that details on procedures and protocols of the Commission are provided to ensure covered records are properly preserved and made accessible.

“President Trump established the Presidential Commission on Election Integrity to ‘study vulnerabilities in voting systems used for federal elections that could lead to improper voter registrations, improper voting, fraudulent voter registrations, and fraudulent voting.’ The establishment of the Commission came after President Trump called into question the integrity of our country’s elections on multiple occasions,” the senators wrote.

The senators continued, “In order to help the American people best understand the Commission’s work and findings, we seek to ensure the Commission’s compliance with the Federal Advisory Commission Act (FACA), the law that governs the establishment of federal advisory commissions as well as a commission’s obligations under the law.”

The letter was also signed by Senators Sherrod Brown (D-OH), Patrick Leahy (D-VT), Catherine Cortez Masto (D-NV), Angus King (I-ME), Dick Durbin (D-IL), Richard Blumenthal (D-CT), Ed Markey (D-MA), Tom Udall (D-NM), Tom Carper (D-DE), Jack Reed (D-RI), Al Franken (D-MN), and Ron Wyden (D-OR).

The FACA was established to promote transparency and accountability in government and sets certain openness and transparency requirements that govern the Commission’s work.  These requirements include holding meetings open to the public with timely advance notice; allowing interested persons to attend and file statements; maintaining minutes of any meetings; and making all records, drafts, and documents available to the public. FACA also imposes requirements related to the composition of the Commission to ensure objectivity. 

The full text of the letter is below:

Dear The Honorable Mike Pence, The Honorable Kris Kobach:

On May 11, 2017, President Trump established the Presidential Commission on Election Integrity to “study vulnerabilities in voting systems used for federal elections that could lead to improper voter registrations, improper voting, fraudulent voter registrations, and fraudulent voting.” The establishment of the Commission came after President Trump called into question the integrity of our country’s elections on multiple occasions. In light of these allegations, we believe it is vital to ensure that the Commission complete its work in an independent and bipartisan manner that is transparent and accountable to the American people.

In order to help the American people best understand the Commission’s work and findings, we seek to ensure the Commission’s compliance with the Federal Advisory Commission Act (FACA), the law that governs the establishment of federal advisory commissions as well as a commission’s obligations under the law.  The FACA was established to promote transparency and accountability in government and sets certain openness and transparency requirements that govern the Commission’s work.  These requirements include holding meetings open to the public with timely advance notice; allowing interested persons to attend and file statements; maintaining minutes of any meetings; and making all records, drafts, and documents available to the public.

FACA also imposes requirements related to the composition of the Commission to ensure objectivity.  For example, the Commission must be fairly balanced in terms of the points of view represented and must take precautions to ensure that the advice and recommendations “will not be inappropriately influenced by the appointing authority or by special interest.” In addition, certain advisory committee members must comply with federal conflict of interest statutes during and after their service.

Compliance with FACA requires every presidential commission to establish procedures and protocols to ensure that the covered records are properly preserved and made accessible.  Given the importance of ensuring the Commission operates within the score of FACA, we ask you provide us with answers to the following questions:

  1. How will you keep Congress informed of all steps you are taking to comply with FACA?
  2. What policies and procedures will be implemented to ensure that all records and communications are properly preserved and made available to the public?
  3. What policies and procedures will be implemented to regulate and prevent ex parte communications with interested parties outside of official public meetings of the Commission?
  4. What policies and procedures will be implemented to ensure that all Commission meetings are open to the public and provide advanced notice?
  5. What steps have you taken to ensure that the Commission itself is fairly balanced in terms of points of view represented and how will you ensure that this continues with regard to the Commission’s substantive work?
  6. What steps are you taking to identify conflicts of interest for members of the Commission and to ensure that members comply with all federal conflict of interest requirements?

Please provide your responses to these questions in writing by July 14, 2017. Thank you for your attention to this matter.

Sincerely,

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