Director: LGO policy cannot strip appeal rights; sealed petition packets limit immediate relief

In an appeal over access to candidate nomination petitions, the director found she has authority to review the Lieutenant Governor's Office's records-policy and fee decisions and ruled that the office may not use its policy to strip appellate jurisdiction. However, because the signature-petition packets have since been sealed under election law, the director said she cannot order them unsealed and thus granted the appeal in part (striking down portions of the policy) and denied the portion seeking immediate access to sealed packets.

Mister Maragani, representing a congressional campaign, argued the statute (28-9-408.1) grants campaigns a right to "review" unredacted signature packets and that the Lieutenant Governor's Office lacked statutory authority to charge fees or to impose time constraints that make substantive review impossible. "If you start charging fees to campaigns to be able to review election records, it actually is a way to shut down their ability to access them," Maragani argued. The office's counsel, Cheney, responded that the office had provided a list of names at a nominal fee, had proffered viewing arrangements, and relied on its records-management policy (which includes security and chain-of-custody provisions) to set fees and time windows.

The director ruled she has jurisdiction to hear fee-waiver and policy challenges under GRAMA, found the LGO could not eliminate appellate review by policy, and concluded that applying a fee to a statutory 'review' of sealed packets is inconsistent with the election code and GRAMA. The director noted the sealed status of the packets prevents immediate access and that any unsealing must be ordered by a court with jurisdiction; a written decision will be issued within seven business days.