Good afternoon,

It has been determined by the Ocean County Board of Elections that an
extension of time is required to fulfill this OPRA request.

Status of this request will be reviewed and relayed again on Friday
11/29/2019, or the data requested will be sent prior to that date.  

Thank you.  

Kevin Enright

Ocean County Board of Elections

Ph: (732)929-4773

Fax: (732)506-5110

Good afternoon,

Regarding Item 1 of 2 of this request: This request seeks information or
asks questions and does not identify specific government records.  As
such, your request is an invalid OPRA request and is denied.  When a
request is “complex” because it fails to specifically identify the
documents sought, then that request is not “encompassed” by OPRA. See New
Jersey Builders Association v. New Jersey Council on Affordable Housing,
390 N.J.Super. 166, 180 (App. Div. 2007).  A proper request under OPRA
must identify with reasonable clarity those documents that are desired,
and a party cannot satisfy this requirement by simply requesting all of an
agency's documents.  See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.   
The Ocean County Board of Elections does not maintain a list of all person
who had custody or counted Provisional and Mail in Ballots for/in Brick
Township on November 5, 2019.  Without waiving any objections and in the
spirit of cooperation, please see attached list of all Board of Election
workers assigned to the Township of Brick which may have had custody of
the Provisional Ballots for/in Brick Township on November 5, 2019.

Regarding Item 2 of 2 of this request: This request seeks information or
asks questions and does not identify specific government records.  As
such, your request is an invalid OPRA request and is denied.  When a
request is “complex” because it fails to specifically identify the
documents sought, then that request is not “encompassed” by OPRA. See New
Jersey Builders Association v. New Jersey Council on Affordable Housing,
390 N.J.Super. 166, 180 (App. Div. 2007).  A proper request under OPRA
must identify with reasonable clarity those documents that are desired,
and a party cannot satisfy this requirement by simply requesting all of an
agency's documents.  See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.   
The Ocean County Board of Elections does not maintain a list of all
persons who handled and/or collected voting machine tapes in in Brick
Township on November 5, 2019.  Without waiving any objections and in the
spirit of cooperation, please see attached the list of all Board of
Election workers assigned to the Township of Brick.

Please reply or call if you require further assistance with this request.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Ocean County Board of Election to
deny access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (GRC) by completing the Denial of Access Complaint Form. 
You may contact the GRC by toll-free telephone at 866-850-0511, by mail at
P.O. Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or
at their web site at [2]www.state.nj.us/grc. The GRC can also answer other
questions about the law.  All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.

Thank you.

Kevin Enright

Ocean County Board of Elections

Ph: (732)929-4773

Fax: (732)506-5110

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc