Vince Ryan

Harris County Attorney

October 11,2010

Honorable Greg Abbott Via Certified Mail/ Return Receipt Requested

Attorney General of Texas And Via Fax to 512-463-2092
Supreme Court Building
P. O. Box 12548
Austin, Texas 78711-2548

Attention: Open Records Division

Re: Public Information Request by Colleen Vera, True the Vote for: 1) A paper copy of all voter applications
submitted 9-6-10 through 9-24-10 where the applicant has indicated that they have not been issued Texasa
Driver's License/Personal Identification Number or Social Security Number; 2. All updates and changes to
Volunteer Deputy Application Reports in electronic format from 9-6 through 9-24-10.
CA. File No 10GEN2276

Dear General Abbott:

On September 27, 2010, the Harris County Tax Assessor CollectorNoter Registrar's Office (the "Tax
Office") received the above request for information pursuant to the Texas Public Information Act, TEX. GOV'T CODE
ANN. §§ 552.001-552.353, as amended. The requestor has asked for the above-referenced information. The
requested records/information appear to be excepted from disclosure pursuant to the Texas Public Information Act.
A memorandum brief and the responsive records for which we are seeking exceptions are enclosed. Please provide
us with your opinion regarding this matter.

The requestor is being copied with this letter, and is being notified that if he should have any questions
regarding the Texas Public Information Act, he may contact the Office of the Attorney General's Hotline at (877)
673-6839.

Yours very truly,

CountyAttrJ \
VINCE RYAN

\ \ j"'
By . '-. .. ! ./'1
DA VID D1\UgRERTY ; /
Assistant CoUnty AttorneyV
VRiDD
CC without Exhibits "B 1", "B2", "C", and D"
Colleen Vera Rus Hargrove
True the Vote Assistant Attorney General, Public Information Coordinator
9562 Hempstead Road Office of the Attorney General
Houston, Texas 77092 P.O. Box 12548
Austin, Texas 78711-2548

Donna Lightfoot, HC Tax Assessor CollectorNoter Registrar's Office

Sonya Aston, HC Tax Assessor ColiectorNoter Registrar's Office

1019 Congress, 15th Floor • Houston, TX 77002-1700 • Phone:713-755-5101 • Fax: 713-755-8772

 MEMORANDUM BRIEF

On September 27, 2010, the Harris County Tax Assessor CollectorNoter Registrar's
Office (the "Tax Office" or the "Voter Registrar's Office") received a Public Information Act
("PIA" or the "Act") request for documents by Colleen Vera, True the Vote, to Leo Vasquez, Tax
Assessor-Collector and Voter Registrar's Office, which is attached hereto as Exhibit "A" and
incorporated herein as if set out verbatim. See Exhibit "A". Requestor asked for: for: 1) A paper
copy of all voter applications submitted 9-6-10 through 9-24-10 where the applicant has
indicated that they have not been issued a Texas Driver's License/Personal Identification Number
or Social Security Number; 2. All updates and changes to Volunteer Deputy Application Reports
in electronic format from 9-6 through 9-24-10. The requested information appear to be excepted
from disclosure pursuant to the Texas Public Information Act. The responsive
records/information for which an exception is sought are enclosed. See Exhibits "B 1"
(responsive to the first part of the request) and "B2" (responsive to the second part of the
request).

Discussion

The information requested includes information that falls under § 552.108, the "law
enforcement exception." That exception provides in pertinent part as follows:

(a) Information held by a law enforcement agency or prosecutor

that deals with the detection, investigation, or prosecution of crime
is excepted from the requirements of Section 552.021 if:
(1) release of the information would interfere with the detection,
investigation, or prosecution of crime;

TEX. GOV'T CODEANN. § 552.108, as amended.

The Harris County District Attorney's Office objects to the release of Exhibit "B"
because the matter is still under investigation [of which the State has joined] and it is believed
that the release of the information would interfere with the detection, investigation, or
prosecution of crime, as set-forth in the submitted affidavit of Terese Buess, Assistant District
Attorney. See Exhibit "C". The requested records relate directly to an open case investigation.
The Attorney General has consistently ruled that this exception to the Act is designed to protect
law enforcement interests during the detection, investigation, or prosecution of criminal acts.
Thus, §552.1 08 (a)(1) is applicable and the requested records should be withheld.

We have been informed by Reg Hargrove, Assistant Attorney General and Public
Information Coordinator for the Texas Attorney General's Office, that the Attorney General's
Office also has an active criminal investigation ongoing on this matter which will be briefed by
their office as well and also that the requested information relates to the Attorney General's
active criminal investigation and should therefore not be released.

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 The records/information in Exhibits "Bl" and "B2" should be excepted in their entirety
from disclosure pursuant to § 552.108 of the Act.

Section 552.1 03( a) excepts from public disclosure information relating to litigation of a
civil or criminal nature to which the state or a political subdivision is or may be a party.

Pursuant to Section 552.103 of the Act:

"(a) Information is excepted from the requirements of §552.021 if it is information

relating to litigation of a civil or criminal nature to which the State or a political subdivision is or
may be a party or to which an officer or employee of the State or a political subdivision, as a
consequence ofthe person's office or employment, is or may be a party."

The test for applying the Section 552.103 litigation exception is two pronged. First, a
government entity must demonstrate that litigation is either pending or reasonably anticipated
then it must establish that the information requested relates to the litigation. Open Record
Decision No. 555 and Open Record Decision No. 638.

Reasonable Anticipation of Litigation

The litigation exception applies not only when a lawsuit has been filed but also when
" ...litigation is reasonably anticipated." Heard v. Houston Post, 684 S.W.2d 210, 212 (Tex.
App. - Houston [1st District] 1984). "Whether litigation is reasonably anticipated must be
determined on a case-by-case basis." Open Records Decision No. 452. Even in the absence of
an identified plaintiff the litigation exception can be met. University of Texas Law School v.
Texas Legal Foundation, 958 S.W.2d 49 Tex. App. - Austin 1997).

As stated in assistant county attorney, F. Clinton Gambill II's affidavit attached hereto as
Exhibit "D" and incorporated herein for all purposes:

"I have been informed that a Public Information Act request to the Leo Vasquez, Harris
County Tax Assessor Collector and Harris County Voter Registrar (the "Tax Office" or the
"Voter Registrar's Office") has been received and I am familiar with the request.

Our Office represents Leo Vasquez in his capacity as Harris County Tax Assessor
Collector and Harris County Voter Registrar, as well as Harris County, Texas, in pending
litigation that also involves some of the subject matter of said request, i.e., Texas Democratic
Party; Boyd L. Richie, in his capacity as Chairman of the Texas Democratic Party; Harris
County Democratic Party; and Gerald Birnberg, in his capacity as Chairman of the Harris
County Democratic Party, Plaintiffs, vs. Leo Vasquez, in his capacity as Harris County Tax
Assessor Collector and Harris County Voter Registrar, and Harris County, Texas, Defendants in
the following Cause Numbers/Court in Houston, Harris County, Texas: 4:08-CV -03332 in the
United States District Court for the Southern District of Texas, Houston Division. This litigation
was already pending at the time that the afore-mentioned Public Information Act request was
received.

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 Therefore, the County Attorney's Office opposes the disclosure at this time of the
requested information, that is not being released by the Voter Registrar's Office or has not
already been released to the public, because documents/records contain pertinent information
that should not be disclosed pending the conclusion of the aforesaid and other pending litigation.

On behalf of the Harris County County Attorney, I have determined that the release of the
requested information (not already released or being released as stated above) should be withheld
from disclosure under the Texas Public Information Act because release of the information now
would interfere with the ongoing case.

Public disclosure of information relating to the cases outside the context of the formal
discovery process could significantly impair the ability of the Harris County Attorney's Office,
Harris County, and/or the Voter Registrar's Office to properly investigate this matter or obtain
a fair trial of the matter and would unduly interfere with due process and due course of law
afforded to same."

The recordslinformation in Exhibits "Bl" and "B2" should be excepted in their entirety
from disclosure pursuantto § 552.1 03 ofthe Act.

For the above stated arguments and authority the recordslinformation in Exhibits "Bl "
and "B2" should also be excepted in their entirety pursuant to other provisions of the Act and
such other provisions of law as may also be applicable.

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 From: Colleen Vera [maiito:colmatver@yahoo.com]
< " Sent: Monday, September 27, 2010 11:30 AM
To: German, Chris (Tax Office)
Cc: Lightfoot, Donna (Tax Office)
Subject: Open Records Request

To: Chris German

Voter Registration Roll Manager
Office of Leo Vasquez
Harris County Tax Assessor-Collector and Voter Registrar
Fax: 713-368-2309
chris. german@tax.hctx.net

From: Colleen Vera

True the Vote Volunteer
9562 Hempstead Road
Houston, TX 77092
713-401-3550
281-948-4521
colmatver@yahoo.com

I have withdrawn my recurring request #3442 and I am re-submitting an OPEN

RECORDS REQUEST on behalf of TRUE THE VOTE for the following:

1. A paper copy of all voter applications submitted 9-6-10 through 9-24-10

where the applicant has indicated that they have not been issued a Texas Driver's
License/Personal Identification Number or Social Security Number.

2. All updates and changes to Volunteer Deputy Application Reports in

electronic format from 9-6-10 through 9-24-10.

Please contact Nancy Geigel at nancy@kingstreetpatriots.org when the material is

ready for pickup.

Thank you,

Colleen Vera