President Donald Trump’s voter fraud commission came under fire
earlier this month when a lawsuit and media reports revealed that the
commissioners were using private emails to conduct public business.
Commission co-chair Kris Kobach confirmed this week that most of them
continue to do so.
Experts say the commission’s email practices do not appear to comport
with federal law. “The statute here is clear,” said Jason R. Baron, a
lawyer at Drinker Biddle and former director of litigation at the
National Archives and Records Administration.
Essentially, Baron said, the commissioners have three options:
1. They can use a government email address; 2. They can use a private
email address but copy every message to a government account; or 3. They
can use a private email address and forward each message to a
government account within 20 days. According to Baron, those are the
requirements of the Presidential Records Act of 1978, which the
commission must comply with under its charter.
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Source: ProPublica
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