My apologies for not responding immediately. I have recently been away from my office a great deal, including today. My client, the Department of Health, has forwarded your request for verification of President Obama’s birth record to me. We need more information to substantiate that you are eligible to receive verification. Hawaii Revised Statutes, section 338-18(g), provides:
(g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2) A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;
(3) A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.
As the Secretary and I initially discussed, it appears that you might be eligible for verification of the record based on subparagraph (2), but we need to see what your authority is “to update official lists of persons in the ordinary course of your activities.” Will you send me a copy of your law that allows this, and will you send me information that shows:
(1) What list are you updating?
(2) Is it your normal procedure to update all entries on your list by requiring birth data verification?
(3) Are you requiring birth data verification of all entries on your list, rather than just targeting one name on your list? (please provide evidence that you are doing so)
You may address your response directly to me, and I will relay it to my client.
Thank you,
Jill T. Nagamine
Deputy Attorney General
State of Hawaii
From: Bennett, Ken
Sent: Thursday, May 17, 2012 3:12 PM
To: Jill T. Nagamine; Drake, Jim
Subject: RE: Request from the Arizona Secretary of State’s Office
Dear Ms. Nagamine:
As the chief elections officer for the State of Arizona and pursuant to Arizona Revised Statutes, sections 16-212, 16-301, 16-502, 16-507 and others, my office is tasked with quadrennially compiling a list of candidates for the Office of the President of the United States. This list is then officially “certified” by my office and transmitted to the fifteen counties for creation of the official ballots. The list is generated in the “ordinary course” of my office’s activities (every four years) and it is certainly made for a “legitimate government purpose” (elections).
Based on the above representation, I believe that my office has strictly and expressly complied with all of the elements found in Hawaii Revised Statutes, section 338-18(g).
I understand your client’s initial trepidation in responding to this request given the significant amount of email, fax and phone call traffic that this issue has spawned. My office too has received numerous constituent requests and I agree with Director Fuddy’s assertion in her letter of April 25, 2011 that the sheer volume of inquires has “been disruptive to staff operations and have strained State resources.” However, I am concerned that a rejection of a request by another State’s chief elections official will dramatically exacerbate an already untenable situation.
Thank you in advance for your attention to this matter.
Sincerely,
Ken Bennett
Secretary of State
From: Jill T. Nagamine
Sent: Saturday, May 19, 2012 3:38 PM
To: Bennett, Ken
Subject: RE: Request from the Arizona Secretary of State’s Office
Dear Mr. Bennett:
I am in receipt of your email dated May 17, 2012. As I have informed you and Mr. Drake, Hawaii law requires that for verification of a vital record the requestor must satisfy the requirements of section 338-18(g), Hawaii Revised Statutes, which provides:
(g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2) A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;
(3) A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.
I asked you for legal authority that establishes your right to obtain verification, and your email of May 17, 2012 provides me with references to Arizona Revised Statutes 16-212, 16-301, 16-502, 16-507, and unnamed others. These statutes seem to deal with election of presidential electors, nomination of candidates for printing on official ballot of general or special election, form and contents of ballot, and presentation of presidential candidates on ballot, but none, as far as I can tell, establish the authority of the Secretary of State to maintain and update official lists of persons in the ordinary course of his activities. I researched other sections of the Arizona Revised Statutes and was unable to find the necessary authority.
Nick R. Martin
Nick Martin is an associate editor at TPM in New York City. He came to the site in 2011 as a reporter for TPMMuckraker. Previously, he worked in Arizona, first as a staff reporter for a local newspaper and later as a freelance journalist. He also ran the news blog Heat City. Contact him: nick [at] talkingpointsmemo.com
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