Freedom of Information ActRights and ResponsibilitiesThe Virginia Freedom of Information Act (FOIA), §2.2-3700 et. seq. of the Code of Virginia, guarantees residents of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees. The Department of Elections handles requests for records of the State Board of Elections.
A public record is any writing or recording — regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format — that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.
The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.
Your FOIA Rights
Commonly Used Exemptions to FOIA RequestsThe Code of Virginia allows any public body to withhold certain records from public disclosure. The Virginia Department of Elections commonly withholds records subject to the following exemptions:
A public record is any writing or recording — regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format — that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.
The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.
Your FOIA Rights
- You have the right to request to inspect or receive copies of public records, or both;
- You have the right to request that any charges for the requested records be estimated in advance;
- If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.
- A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of §2.2-3704 of the Code of Virginia.
- You may have to pay for the records that you request from the Virginia Department of Elections (ELECT). FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
- If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
- You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.
- If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, ELECT may require payment of the past-due bill before it will respond to your new FOIA request.
Commonly Used Exemptions to FOIA RequestsThe Code of Virginia allows any public body to withhold certain records from public disclosure. The Virginia Department of Elections commonly withholds records subject to the following exemptions:
- Personnel records (§2.2-3705.1 (1));
- Records subject to attorney-client privilege §2.2-3705.1 (2) or attorney work product (§2.2-3705.1 (3));
- Vendor proprietary information (§ 2.2-3705.1 (6));
- Records relating to the negotiation and award of a contract, prior to a contract being awarded (§2.2-3705.1 (12)).