Elections commission directs chair to publish written documentation of claimed privileges

The Elections Commission voted April 1 to require the chair to provide written documentation of any rules, policies, or formal actions that the chair said give him special powers or privileges. The motion — prompted by several commissioners’ concerns about undisclosed communications and redactions — instructs the chair to distribute the materials to all commissioners and to post them on the commission website.

Several commissioners said they were unsure whether the chair’s claimed authorities were grounded in commission action, statute, or informal practice. Deputy Attorney General Ching had previously discussed aspects of attorney-client privilege and staff redactions in executive communications; some commissioners asked for a written explanation tying those practices to legal authority. The motion passed by roll call and will require the chair and staff to identify and publish the governing rules or, if none exist, to make that absence explicit so the commission can consider adopting consistent procedures.

Supporters of the motion said public documentation will reduce procedural disputes and help incoming chairs understand their responsibilities. Opponents worried that asking for written records could conflate ordinary staff communications with binding policy. The chair agreed to provide the requested materials for distribution.