Why SOS Raffensperger Can Be Sued For Documents

*Nothing here constitutes legal advice

In the last couple days, a handful of screenshots have circulated concerning Georgia Secretary of State Brad Raffensperger starting a 501(c)(4) called Election Defense Fund. A quick perusing of the registration documents do not show him included.

However, the screenshots of this email invoke his name:

And they include his personal email address.

Here is the theory under Georgia’s Open Records law that I propose: Raffensperger has an important role in the election process, so it’s difficult to decouple his responsibilities as an agent of the state from a non-profit entity geared towards anything relating to the election - It’s an open question of whether he is even permitted, by law, to engage in “outside” work so closely relating to his responsibilities for the State.

The messages also invoke his role as Secretary of State at least twice.

I think a court would find that all documents/emails relating to this entity constitute public records in the state of Georgia, including those in his personal email account.

A well funded entity could make a go for these public records now, but as for me, I will wait to see what plays out during the election. It’s a very unusual situation.