Anne-Marie Graham-Hudak

Canton Township Supervisor

1150 S Canton Center Road
Canton, Ml 48188-1699

August 8, 2022

SUBJECT: APPEAL to April 26, 2022 FOIA Request Response

Dear Supervisor Graham-Hudak,

Pursuant to Michigan FOIA guidelines, I am formally submitting an appeal to you for the information requested in my
April 26, 2022 FOIA request for copies of the .Idf and .mdf database files installed on the Canton Township Election
Management Server (EMS) pertaining to the 2020 General Election.

The reason cited for the denial is as follows:

The Township denies the request because the Township does not have or maintain public records, as defined by the
FOIA, that you requested. You have asked for records "installed" on the Township's computers. A "public record"
means "a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an
official function, from the time it is created. Public record does not include computer software." MCL
15.232(i)(emphasis added) Since you are asking for information "installed" on the computer, this information is not
subject to the FOIA. This letter serves as a certificate that the records you requested do not exist under the name
given by you or by another name reasonably known to the Township.

The official response by the Canton Township FOIA Coordinator appears to deny that the files requested are indeed
"records". This is clearly not accurate. The .Idf files are database transaction logs. The .mdf files are database records.
Regardless of how these records were created, they are undeniably a matter of public record and therefore subject to
FOIA request.

In this light, please obtain and submit a copy of all of the .Idf and .mdf files present at one time on the Wayne County
Election Management Server (EMS) pertinent to the 2020 General Election. The files can be submitted via an email
providing download instructions to or I am willing to provide a flash drive to which you
can download the files. The flash drive can be mailed to the address below.

If you choose not to provide the requested information, you are hereby given notice of the need to preserve these
records until a court rules on this matter.

Thank you for your prompt attention to this matter.

^Patrick J/Cp/beck
Former Ml State Senator, 7th District
47841 Royal Points Drive
Canton, Ml 48187

Attachments:

• FOIA Request correspondence printed from Canton FOIA website

8/8/22, 2:12 PM Request 22-482 - NextRequest - Modern FOIA & Public Records Request Software

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Public Record Requests

Canton Township

Request Visibility: <^> Unpublished

Request 22-4821^|

Dates Request

Please provide all *.ldf and *.mdf files installed on the Canton Township
Received
EM5 server pertaining to the 2020 general election.
April 26, 2022 via web

Thank you for your assistance!

Patrick
Requester

(S) Patrick Colbeck Timeline Documents

Q patrick@migrassrootsalliance.org
Requesler + Staff

<5> 47841 Royal Pointe Drive, Canton, Ml, 48187

External Message | ^
Please understand that the requested files are not
c§) 734-453-3105
"software" any more than an email is "software". You
have already provided emails and other electronic files
such as a *.xls, *.doc or *.pdf files. The requested files

Staff Assigned should be no different. I respectfully request a

reconsideration of this request in this light. Thank you
Departments
for your attention to this matter.
Clerk
May 17, 2022, 6:14pm by the requester

Point of contact Public

Joseph Mondelli Request Closed | ^
Patrick Colbeck

47841 Royal Pointe Drive

Canton,MI48187

Dear Mr. Colbeck:

Re: FOIA Request

Canton Township received your Freedom of information Act

("FOIA") request for "all *.ldfand *.mdf files installed on the
Canton Township EMS server pertaining to the 2020 general
election."

The Township denies the request because the Township does

not have or maintain public records, as defined by the FOIA,
that you requested. You have asked for records "installed" on
the Township's computers. A "public record" means "a writing

prepared, owned, used, in the possession of, or retained by a

public body in the performance of an official function, from the
time it is created. Public record does not include computer

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8/8/22, 2:12 PM Request 22-482 - NextRequest - Modern FOIA & Public Records Request Software

written notice denying the request in part, (4) or issuing

a deposit notice.

Should you have any questions, please feel free to

contact me.

Sincerely,

FOIA Coordinator

May 5, 2022, 8:35am by Anthony Essmaker, FOIA Coordlnator/Deputy Clerk (Staff)

Staff Only
jH Due Date Changed
05/17/2022 (was 05/04/2022). Extension required

Public
& Request Opened
Request received via web

TIPS: HELP PRIVACY TERMS RETURN TO CANTON TOWNSHIP W...

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