Section 1551.10  Purpose and Applicability

 

a)         The purpose of this Part is to establish guidelines to implement the provisions of the Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par 201 et seq.), by supporting the policy of providing public access to the public records of the State Board of Elections.

 

b)         This Part applies to any interested persons seeking access to public records in the possession of the Board.

 

Section 1551.20  Definitions

 

For the purpose of this Part, the following definitions shall apply:

 

            "FOIA" means Freedom of Information Act.

 

            "Freedom of Information Officer" means the individual designated by the Board responsible for receiving and responding to requests for public records.

 

            "Requestor" means an individual, organization or other entity who submits a request to copy or inspect public records in accordance with this Part.

 

            "Working days" means business days excluding Saturdays, Sundays and legal holidays on which State offices are closed.

 

Section 1551.30  Requests for Records

 

a)         All requests for public records shall be submitted to:

 

            Freedom of Information Officer

            Illinois State Board of Elections

            1020 South Spring Street

            Springfield, Illinois 62708

            ATTENTION:  FOIA Request

 

b)         All requests for public records submitted to the Board under the FOIA should be in writing.  Such requests may be submitted on FOIA request forms provided by the Board.  (See Appendix A)

 

c)         Requests should be printed or typed and must include the following information:

 

1)         The requestor's full name, mailing address and telephone number, including area code, at which the requestor can be reached during normal business hours;

 

2)         A brief description of the public records sought, being as specific as possible;

 

3)         Whether the request is for inspection of public records, copies of public records, or both; and

 

4)         Whether the records are to be certified.

 

d)         Requests shall have been deemed to have been received on the date of receipt by the Freedom of Information Officer.

 

e)         The Board is not obligated to create or develop records which were not already compiled at the time the request is received.

 

Section 1551.40  Response to Requests for Public Records

 

a)         The Freedom of Information Officer shall respond to a written request for public records within 7 working days after the receipt by the Freedom of Information Officer.

 

b)         The Freedom of Information Officer shall respond to a request for public records in one of the following ways:

 

1)         Require further identification of records.  If the original request does not adequately identify the records sought, the requestor will be required to provide more detailed information in order to ascertain the identity of the records.  The Freedom of Information Officer shall respond to the amended request within seven working days after its receipt.

 

2)         Give notice of an extension of time.  The Freedom of Information Officer may give notice of an extension of time to respond which shall not exceed an additional seven working days.  The requestor shall be advised, in writing, of the reason for the extention as set forth in Section 3(d) of the FOIA.

 

3)         Approve the request.  When a request for public records has been approved, the Freedom of Information Officer may give notice that the requested material will be made available upon payment of applicable costs (See Appendix 3), or give notice of the time and place for inspection of the requested material.

 

4)         Approve in part and deny in part.  A partial denial will be processed in accordance with the procedures for denials as stated in paragraph (b)(5) of this Section.

 

5)         Deny the request.  A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of the persons denying the request.  The denial shall also inform the requestor of the right to appeal to the Executive Director of the State Freedom of Information Officer of Elections.  Copies of all notices of denial shall be available for public inspection.

 

c)         If the Freedom of Information Officer fails to respond to a written request within seven working days after receipt, the requestor may consider the request to have been denied.

 

Section 1551.50  Appeal of a Denial

 

a)         When a request for public records has been fully or partially denied, the requestor may appeal the denial to the Executive Director.  The notice of appeal shall be in writing and shall be addressed to:

 

            Executive Director

            Illinois State Board of Elections

            1020 South Spring Street

            Springfield, Illinois 62708

 

            ATTENTION:  FOIA Appeal

 

b)         The notice of appeal shall include:

 

1)         A copy of the original request and, if available, the Freedom of Information Officer's notice of denial; and

 

2)         A written statement by the requestor setting forth the reasons the appeal should be granted.

 

Section 1551.60  Executive Director's Response to Appeal

 

a)         The Executive Director shall respond within seven working days.  The Executive Director shall either affirm the denial as to all or part of the records or provide access to the requested public records.

 

b)         If the Executive Director does not respond to the notice of appeal within seven working days after its receipt, the requestor may consider the appeal to have been denied.

 

c)         If the appeal to the Executive Director is denied, the requestor may file for judicial review of the Board's decision.

 

Section 1551.70  Inspection of Records at Board Offices

 

a)         Public records will be made available for inspection at the Board's Springfield Office between the hours of 8:00 a.m. and 4:30 p.m., or at the Board's Chicago office between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday, except on State holidays.  A place will be provided in which the requestor can inspect the public records.

 

b)         An employee of the Board may be present throughout the inspection.

 

c)         A requestor shall not be permitted to take a brief case, folder or other similar materials into the area in which the inspection will take place.

 

d)         A requestor will be permitted to take a pen or pencil and paper into the room while inspecting public records.

 

e)         Documents which the requestor wishes to have copied shall be segregated during the course of the inspection.  All duplicating will be done by Board employees.

 

Section 1551.80  Copies of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon payment of any charges that are due.  Charges for copies and certification of public records shall be assessed in accordance with Fee Schedule established by the Board.  (See Appendix B)

 

b)         Fees may be waived or reduced when the Board determines that the waiver or reduction of the fee is in the public interest.

 

Section 1551.90  General Materials Available from the Board

 

a)         A brief description of the organizational structure and budget of the State Board of Elections;

 

b)         A brief description of the methods for requesting information and public records; and

 

c)         A list of the types and categories of public records maintained by the State Board of Elections.

Section 1551.APPENDIX A   Request for Public Records

 

 

TO:  Freedom of Information Office State Board of Elections 1020 South Spring Street Springfield, Illinois  62708	FROM:	(Please print or type)
		Name
		Address (No P.O. Box Numbers will be Accepted)
		/
		Area Code/Telephone Number

 

Description of Requested Record(s)

 

Please indicate if you wish to inspect the records identified above or to copy them:

 

_______Inspect

_______Copy

_______Both

 

For Office Use Only:

 

Date Received		Date Response Due

 

 

Section 1551.APPENDIX B   Fee Schedule

 

TYPE OF DUPLICATION	PER COPY CHARGE
Paper Copy from Paper Original	$ 0.25
Diazo Copy of Microfiche − per sheet	$ 0.50
Paper Copy from Microfiche Original − per page	$ 0.50

 

Certification of Records

$ 2.00

 

Diskettes, Computer tapes, etc.

Actual Cost incurred by the Board.

 

Fees are subject to change depending upon the actual costs.

 

(Source:  Amended at 27 Ill. Reg. ______, effective ____________)