Good Afternoon,
Please accept this email on be behalf of the Records Custodian for Sussex
County Board of Elections. 
This OPRA request is denied as to form, please see Elcavage v. West
Milford Twp.  The Council held that “an OPRA request for an e-mail or
e-mails or correspondence shall therefore focus upon the following four
(4) characteristics: • Content and/or subject • Specific date or range of
dates • Sender • Recipient. 

It is also denied as it is too broad with an "any and all" request.
MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534
(App. Div. 2005): The Court held that “[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1.” (emphasis added). The Court further held that “[u]nder OPRA,
agencies are required to disclose only ‘identifiable’ government records
not otherwise exempt . . . In short, OPRA does not countenance open-ended
searches of an agency's files.” Id. at 549 (emphasis added).

Lastly, these emails may also contain highly sensitive and confidential
information.  To release the details the Board of Elections uses for
election ballot security would pose a clear security risk/breach.

Thank you, 

Serena DiMaso, Esq

Florio, Perrucci, Steinhardt, Cappelli & Tipton LLC

91 Larry Holmes Dr.

Easton, PA 18042

Cell: 848.893.6669

[1][email address] / [2]www.floriolaw.com

Licensed in NYS

STATEMENT OF CONFIDENTIALITY: The information contained in this
transmission including any attached documentation is privileged and
confidential. It is intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please notify Florio Perrucci Steinhardt Cappelli
& Tipton LLC immediately by replying to this e-mail. Please delete all
copies of this message and any attachments immediately.

══════════════════════════════════════════════════════════════════════════

From: NJ Truth Seeker
<[OPRA #89187 email]>
Sent: Wednesday, April 1, 2026 11:20 PM
To: Serena DiMaso <[Sussex County request email]>
Subject: OPRA request - Email correspondence between Board of Elections
and Voting Equipment Vendor
 

Dear Sussex County,

Please accept this electronic request for public records made under OPRA
and the common law right of access.  I am not required to fill out an
official form or use a particular software platform to submit my request
per NJSA 47:1A-5(f), which states that an email from a requestor including
all of the information required on the adopted form shall suffice in place
of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New
Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

For the period beginning April 1, 2024 through April 1, 2026, all email
correspondence between Wendy Buccino, Chief Clerk Administrator for Sussex
County Board of Elections, and any/all employees of Election Systems &
Software (ES&S).

My preferred delivery method for response(s) to this request is by E-mail
as attachments.  Please confirm you have received this request.  If you
are not the custodian of records, please forward my request to that person
and provide their email address to me for future reference.

Yours faithfully,

NJ Truth Seeker

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:

[3][OPRA #89187 email]

Is [4][Sussex County request email] the wrong address for OPRA requests to Sussex
County? If so, please contact us using this form:

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Please note that in some cases publication of requests and responses will
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If you find this service useful as an OPRA custodian, please ask your web
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