On May 14th, 2007, a fax cover page speaks of 5 letters forwarded from Barbara Wood, general counsel for the Missouri Secretary of State, to Michael Slater of Project Vote. The fax says only "letters", 5 pages.
These are almost assuredly the letters sent out March 29th to the different department heads, notifying them of new training available and the need to comply with NVRA.
What is not made clear, is why these letters are sent out independently of the April 12 Sunshine Request. No email documentation or written notes tell us why Wood faxed the letters on their own, but we do know that the letters are the referred to in later correspondence, and in the notification of the intent to sue.
An August 23, 2007 letter to Deborah Scott of DSS notifies her of Project's Vote belief her department is not in compliance with the NVRA. In that letter, which was accompanied by a press release announcing pending legislation should she not comply with Project Vote's interpretation, the following statement is made.
"This apparent lack of compliance is particularly troubling because the Missouri Secretary of State's Office has notified DSS twice that DSS must comply with Section 7, most recently in a letter dated March 29, 2007, from Secretary of State Robin Carnahan, that expressed concern about compliance and requested meetings with agencies on this issue."
The letters sent out following Michael Slater's request to Minday Mazur for an authoritative statement of fact gave Project Vote the hook they needed to sue Missouri. Carnahan's office clearly set Deborah Scott up in exactly the manner requested by Michael Slater in his email to Mindy.
And it gets worse. Carnahan's office would follow up with a series of near-identical letters on September 14, 2007, sent to several different agencies, notifying them of the Project Vote report. It is the first paragraph of these letters which immediately draws your attention.
"As the Chief State Election official, the Secretary of State coordinates Missouri's responsibilities as required under the National Voter Registration Act of 1993 (NVRA). This office has provided your agency with multiple notices, training materials, and has met with your agency to assist you as you work to fulfill your obligations under the NVRA and state law."
The letter goes on to discuss the Project Vote study prepared with help from Carnahan's staff. Reading through it, we see Carnahan taking the side of Project Vote, and offering no assistance to the agencies. The first paragraph spells it out. It's designed to protect the Secretary of State from the litigation, and it must be understood in the earlier dispute of the word "coordination" championed by none other than Robin Carnahan in United States V. Missouri.
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