Skip to content Skip to footer

Trump Voter Fraud Commission Is Sued — by One of Its Own Commissioners

Dunlap alleges the group’s leadership is violating transparency laws and has excluded him from deliberations.

Maine Secretary of State Matthew Dunlap fields a phone call during one of several election day stops, to see how the polling process is going, at the Merrill Auditorium Rehearsal Hall voting location in Portland on Tuesday, November 8, 2016. Dunlap has filed a suit against the Presidential Advisory Commission on Election Integrity for allegedly violating the Federal Advisory Commission Act. (Photo: Carl D. Walsh / Portland Press Herald via Getty Images)

Maine Secretary of State Matthew Dunlap fields a phone call during one of several election day stops, to see how the polling process is going, at the Merrill Auditorioun Rehearsal Hall voting location in Portland on Tuesday, November 8, 2016. Dunlap filed a suit against the Presidential Advisory Commission on Election Integrity for allegedly violating the Federal Advisory Commission Act. (Photo: Carl D. Walsh / Portland Press Herald via Getty Images)Maine Secretary of State Matthew Dunlap fields a phone call during one of several election day stops, to see how the polling process is going, at the Merrill Auditorium Rehearsal Hall voting location in Portland on Tuesday, November 8, 2016. Dunlap has filed a suit against the Presidential Advisory Commission on Election Integrity for allegedly violating the Federal Advisory Commission Act. (Photo: Carl D. Walsh / Portland Press Herald via Getty Images)

A Democratic member of the Presidential Advisory Commission on Election Integrity filed suit against the commission in federal court in Washington, DC on Thursday morning, alleging that its Republican leadership has intentionally excluded him from deliberations and violated federal transparency laws. The commission has been sued more times (eight, including the new filing) than it has officially convened for meetings (two times).

The suit, filed by Maine Secretary of State Matthew Dunlap, accuses the commission of violating the Federal Advisory Commission Act, which, among other things, requires that advisory committees be bipartisan and sets transparency requirements for them. “Everything we are doing is absolutely perpendicular to that,” Dunlap charged in an interview. “We aren’t inviting the public to participate. We aren’t transparent. And we aren’t even working together at all. My real fear is that this commission will offer policy recommendations that have not been properly vetted by all of the commissioners.”

The complaint contends Dunlap “has been, and continues to be, blocked from receiving Commission documents necessary to carry out his responsibilities” despite repeated requests to be included. It asserts that Dunlap is moving forward with the lawsuit “reluctantly” in order to prevent the commission from “becoming exactly the kind of one-sided, partisan undertaking the Federal Advisory Committee Act was designed to prohibit.”

The commission shouldn’t be surprised by the suit, said Austin Evers, executive director of American Oversight, an advocacy group that is representing Dunlap in the suit. Dunlap has written to the commission multiple times, asking them to address his grievances. “We think the commission is on more than enough notice they are not living up to their obligations,” Evers said, adding that he hopes to avoid a protracted legal battle.

In a statement, a spokesperson for Kris Kobach, the commission’s co-chair and the Republican secretary of state for Kansas, called Dunlap’s lawsuit “baseless and paranoid.” The statement asserted that the commission’s work has been “stalled” by lawsuits, the arrest of a staff member on child pornography charges, and the death of one commissioner. “It is not at all surprising that Commission staff were very busy during this period,” the statement noted. “Ironically, Dunlap’s lawsuit is only going to increase the workload faced by Commission staff and Department of Justice Attorneys.”

Kobach’s statement addressed just a small number of Dunlap’s allegations. For example, it asserted that it was “incorrect” that Kobach excluded Dunlap from communications “between September 12 and October 17”; the bulk of Dunlap’s complaints predate that period. For example, email records filed with a federal court by the Department of Justice show Kobach repeatedly discussed commission business in June with a handful of people without including other commissioners. Most notably, Kobach drafted a controversial letter to states requesting publicly available voter rolls with input from Hans von Spakovsky and J. Christian Adams, two Republicans who only joined the commission afterwards. Those discussions didn’t include other commissioners.

Dunlap asserted that the remainder of the commission was made aware of Kobach’s intent to send the letter only hours before states received copies. The suit claims this “deprived Secretary Dunlap of the opportunity to consult with other members of the Commission or to formulate and express his views as to the legality or propriety of this action.”

Dunlap asked Andrew Kossack, the executive director of the commission, for copies of this and other correspondence in a letter on Oct. 17 and again in a follow-up email on Nov. 1. Dunlap asserted that he has not been provided anything in response. (Kossack has not replied to past questions from ProPublica on this point.)

Among the other claims in the suit are contentions that the commission’s record-retention practices are lax and its use of personal email accounts presents data security risks.

The suit also claims the commission has not communicated with Dunlap since it last met in mid-September, including about plans for any future meetings. However, other commissioners and even outside groups have spoken publicly about such plans. On Oct. 19, for example, the conservative Minnesota Voters Alliance announced in a fundraising email that it had been “invited to speak at the December 2017 meeting of the ‘Presidential Advisory Commission on Election Integrity.'”

Dunlap, who said he was unaware of any such meeting, emailed Kossack on Oct. 25 to ask who had invited the group. Kossack, whose job is to run the commission’s operations, stated that he didn’t know. “I have never communicated with this group, and no meeting is scheduled for December,” he wrote in an Oct. 27 email to Dunlap, a copy of which was provided to ProPublica. Said Dunlap: “If the executive director of this commission doesn’t know what his commissioners are planning, that’s a sign of bigger problems. I think that really means we’ve gone off the rails.” (The Minnesota Voters Alliance has not responded to questions from ProPublica.)

Finally, Dunlap’s suit claims the commission’s purported bipartisanship is just “a facade,” a contention Dunlap has repeatedly made since the release of a now notorious email penned by von Spakovsky in February. “There isn’t a single Democratic official that will do anything other than obstruct any investigation of voter fraud,” von Spakovsky wrote, adding that if Democrats or “mainstream Republicans” were named to the commission, it would be an “abject failure.”

In a recent interview with The Hill, von Spakovsky defended the email, asserting it was part of a “private conversation.” He also stated that he believes he is getting along with the Democrats on the commission. “So far, at least, it seems like we’ve worked well together,” he said.

Countered Dunlap: “I just laughed when I read that. We aren’t working together at all.”

Angry, shocked, overwhelmed? Take action: Support independent media.

We’ve borne witness to a chaotic first few months in Trump’s presidency.

Over the last months, each executive order has delivered shock and bewilderment — a core part of a strategy to make the right-wing turn feel inevitable and overwhelming. But, as organizer Sandra Avalos implored us to remember in Truthout last November, “Together, we are more powerful than Trump.”

Indeed, the Trump administration is pushing through executive orders, but — as we’ve reported at Truthout — many are in legal limbo and face court challenges from unions and civil rights groups. Efforts to quash anti-racist teaching and DEI programs are stalled by education faculty, staff, and students refusing to comply. And communities across the country are coming together to raise the alarm on ICE raids, inform neighbors of their civil rights, and protect each other in moving shows of solidarity.

It will be a long fight ahead. And as nonprofit movement media, Truthout plans to be there documenting and uplifting resistance.

As we undertake this life-sustaining work, we appeal for your support. We have 7 days left in our fundraiser: Please, if you find value in what we do, join our community of sustainers by making a monthly or one-time gift.