Subpoena

| 2021-2022 Regular Session i Assembly Committee on Campaigns and Elections LEGISLATIVE SUBPOENA DUCES TEOUM THE STATE OF WISCONSIN TO: vy State of Wisconsin) Encore Group (USA) LLC | Ms /o Chief Legal Officer | County of Waskesh 3 $100 North ve Road | Suite 300 Schiller Park, illinois 60176 PURSUANT TO LAW, YOU ARE COMMANDED TO bo and appoar boforo the Wisconsin Stato Assembly's desigace, the SPECIAL COUNSEL, on February 9, 2022, beginning af 9:80 am. at 200 South Exeoutive Drive, STE. 101, Brookfield, Wisconsin, to produce to the Assembly's designee, the SPECIAL COUNSEL, th documents and other items identified on the attached schedule; and you are not to depart or deviate from the terms of this subpoena without leave of the SPECIAL COUNSEL. Failure to comply with this subpoena may constitute contempt of the legislature and ; is subject to punishment, including incarceration or the levy of attorney's foos and ! to. 7 AUTHORIZATION | BY: BY: Sp gl i REP. ROBIN VO, Speaker EDWARD BLAZEL, Chief Clerk ! Wisconsin State Assembly Wisconsin State Assembly Signed at 430 Am, | Signed at (2:2) pun Wisconsin on this_/O"" DAY of | Wisconsin on this 0% DAY of FEBRUARY, 2022. | FEBRUARY, 2022 [—— Gon spac, Couns TO Bk WSGONN AsSEMALY on ore Nox Sot i 11 ay iss n——— | 1  WISCONSIN STATE ASSEMBLY { i 2021-2022 Rogular Session i i Assembly Committee on Campaigns and Elections ki LEGISLATIVE SUBPOENA DUCES TECUM — ¥ — — — — V THE STATE OF WISCONSIN TO: | State of Wisconsin) Encore Group (USA) LLC Yoo c/o Chief Legal Officer £ County of Waukesha ) 5100 North River Road ¥ Suite 300 i Schiller Park, llinols 60176 PURSUANT TO LAW, YOU ARE COMMANDED TO be and appear before the | Wisconsin State Assembly's designee, tho SPECIAL COUNSEL, on February 9, 2022, | beginning at 9:80 am. at 200 South Executive Drive, STE. 101, Brookfiold, i Wisconsin, to produce to the Assembly's designce, the SPECIAL COUNSEL, the ¥ documents and other items identified on the attached schedule; and you are not to i depart or deviate from the terms of this subpoena. without leave of the SPECIAL i COUNSEL. : Failure to comply with this subpoena may constitute contompt of the logislaturo and § is subject to punishment, including incarceration or the levy of attorney's foos and i yg : AAA AREA EAA RASA ST AUTHORIZATION g Be: ae 200 : REP. ROBIN VOB, Speaker EDWARD BLAZFf/Chiof Clerk i Wisconsin State Assembly Wisconsin State Assembly i Signed at 4-30 AM | Signed at [2:20pm . Wisconsin on this _/O™" DAY of | Wisconsin on this _[Afh_DAY of 3 FEBRUARY, 2022. | FEBRUARY, 2022. 3 — ; Mint ablorny SPECIAL COUNSEL TO THE WISCONSIN ASSEMDY : 0 Boxb107 : Nw ect, WL 3151 a 3627 : commipseinommolocy : | ) i i  | SCHEDULE TO SUBPOENA DUCES TECUM. 3 In accordance with the attached definitions and instructions, you, are hereby i Tequired.to produce the documents and other items listed below. i In lieu of personal appearance, compliance with this subpoena may be satisfied by emailing the requested records to [email protected] or by mailing them to j 200 South Executive Drive, STE. 101, Brookfield, Wisconsin (53006) DOCUMENT PRODU( AND INSTRUCTIONS 1. In complying with this subpoena, produce all responsive documents that are in i your possession, custody, or control, whether held by you or by your past or ‘present agents, employees, and representatives acting on your behalf. Produce i all documents that you have a legal right to obtain, that you have a right to il copy, or to which you have access, as well as documents that you have placed in the temporary possession, custody, or control of any third party. Lo 2. Requested documents, and all documents reasonably related to the requested } documents, should not be destroyed, altered, removed, transforred, or } otherwise made inaccessible to the Office of the Special Counsel (OSC). 3. In tho event that any ontity, organization, or individual denoted in this request sl is or has been known by any name other than that herein denoted, the request | shall be read also to include that alternative identification. | 4. The OSC's profexence is to receive documents in a protected electronic form | (i.e., password protected hard drive, password protected CD, memory stick, | thumb drive, or secure file transfer) in lieu of paper productions. Electronic document productions should be prepared according to the following | standards: | a. If the production is completed through a series of multiple partial productions, field names and file order in all load files should match. b. All electronic documents produced to the OSC should include the following fields of motadata specific to cach document, and no modifications should be made to the original motadata: BEGDOC, ENDDOC, TEXT, BEGATTACH, ENDATTACH, PAGECOUNT, CUSTODIAN, RECORDTYPE, DATE, TIME, i SENTDATE, SENTTIME, BEGINDATE, BEGINTIME, ENDDATE, 3 ENDTIME, AUTHOR, FROM, CC, T0, BCC, SUBJECT, TITLE, 2  | FILENAME, FILEEXT, FILESIZE, DATECREATED, i TIMECREATED, DATELASTMOD, TIMELASTMOD, INTMSGID, | INTMSGHEADER, NATIVELINK, INTFILPATH, EXCEPTION, i BEGATTACH. i 5. Documents produced to the OSC must include an index describing the contents § of the production. To the extent more than one CD, hard drive, memory stick, § thumb drive, zip fil, box, or folder is produced, cach should contain an index i describing its contents. § 6. Documents produced in response to this subpoena shall be produced together : with copies of file labels, dividors, or identifying markers with which thoy were i associated when the request was served. i 7. When you produce documents, identify the paragraph(s) or request(s) to which | the documents rospond. 8. Tho fact that any other porson or entity also possesses non-identical or 3 | identical copios of the same documents shall not bo a basis to withhold any % | information. Z| 9. The pendency of or potential for litigation shall not be a basis to withhold any g information. < 10. If compliance with the subpoena cannot be made in full by the specified return & date, compliance shall bo made to the extent possible by that date. An i explanation of why full compliance is not possible shall be provided along with 1 amy partial production, as well as a date cortain as to when full production will 2 | bo provided. %] 11.If you withhold a document, you must provide a log containing the following information concerning any such document: (a) the reason it is being withheld, | including, if applicable, the privilege asserted; (b) the typo of document; (0 tho z | general subject matter; (d) the dato, author, addresses, and any other i recipient(s); and (c) the relationship of the author and addressee to cach other. 7 12.If any document responsive to this subpoena was, but no longer is, in your i ‘possession, custody, or control, identify the document. (by date, author, subject, | and rocipionts), and explain the circumstancos under which the document. ¢ coasod to be in your possession, custody, or control. Additionally, identify Z| where the responsive document can now be found including name, location, z | and contact information of the entity or entities now in possession of tho 5 | responsive document(s). i | 3 2  18.1f a date or other descriptive detail set forth in this subpoena referring to a i document is inaccurate, but the actual date or other descriptive detail is known i to you or is otherwise apparent from the context of the request, produce all i document that would bo responsive as if the date or other descriptive dotail : wero correct. ! 14.This subpoena js continuing in nature and applies to any newly discovered information. Any record, document, compilation of data, or information not i produced because it has not been located or discovered by the return date shall { be produced immediately upon subsequent location or discovery. i 15.All documents shall be Bates stamped sequentially and produced sequontially. i 16. Upon completion of the production, submit a written certification, signed by you or your counsel, stating that: (1) a diligent search has been completed of i 211 documents in your possession, custody, or control that reasonably could contain responsive documents; and (2) all documonts located during tho search that are responsive have been produced to the OSC. i DEFINITIONS | A. The term "Office of the Special Counsel" ("OSC") means Michael J. Gableman i in his official capacity as tho Special Counsel duly appointed by the Wisconsin | State Assembly to investigate matters rolated to the November 3, 2020, IB General Election in Wisconsin and related matters, as woll as individuals i employed by and/or acting on bohalf of that Office. | B. The terms "you" “your,” or “yours” means True the Vote, Inc., including its owners, officers, directors, employees, former employees, and subsidiaries, or any entities that have previously acted or are presently acting on its behalf. C. The term “porson(s)’ moans any natural person or any business, ! proprietorship, firm, partnership, corporation, association, organization, or other Entity. Tho acts ofa Pezson include tho acts of dizectors, officers, ownors, ‘members, employees, agents, attorneys, or other representatives acting on the Person's bohalf. D. The term "document" means any written, recorded, or graphic matter of any nature whatsoever, regardless of classification level, how recorded, or how . stored/displayed (e.g. on a social media platform) and whether original or copy, including, but not limited to, the following! memoranda, reports, expense i reports, books, manuals, instructions, financial reports, data, working papers, i 4  records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, i pamphlets, magazines, newspapers, prospectuses, communications, electronic 3 mail (email), contracts, cables, notations of any type of conversation, telephone i call, meeting or other inter-office ox intra-office communication, bulletins, £ printed matter, computer printouts, computer or mobile device : | sercenshots/screen captures, teletypes, invoices, transcripts, diaries, analyses, i | returns, summaries, minutes, bills, accounts, estimates, projections, i comparisons, messages, correspondence, pross reloases, circulars, financial Po statements, roviews, opinions, offers, studies and investigations, i questionnaires and surveys, and work sheets (and all drafts, preliminary : versions, alterations, modifications, revisions, changes, and amendments of i any of the foregoing, as wall as any attachments or appendices thereto), and i graphic or oral records or representations of any kind (including without i limitation, photographs, charts, graphs, microfiche, microfilm, videotape, i recordings and motion pictures), and electronic, mechanical, and electric : records or representations of any kind (including, without limitation, tapos, cassottos, disks, and recordings) and other written, printed, typed, or other % graphic or recorded matter of any kind or nature, howover produced or b reproduced, and whether preserved in writing, film, tape, disk, videotape, or i otherwise. A document boaring any notation not a part of the original toxt is ] to be considered a separate document. A draft or non-identical copy is a L separate document within the meaning of this torm. | E. The term communication’ moans each manner or means of disclosure or t xchange of information, regardless of means utilized, whether oral, electronic, k | by document or otherwise, and whothor in a meeting, by telephone, facsimile, E | ‘mail, releases, electronic message including email (desktop or mobile device), i text message, instant message, MMS or SMS message, message application, k through a social media or online platform, or otherwise. i T. The terms “owned,” leased,” andor “used” means their plain language, as well i as the possession or control of tho item. . § G. The term “entity” means corporation, company, firm, partnership, joint . venture, association, governmental body or agency, or Persons other than a i natural Person. i i H. The terms “concerning” “associated with,” “relate to, “rolated to,’ and i “relating to” mean in whole or in part concerning, reflecting, alluding to, Eo mentioning, regarding, discussing, bearing upon, commenting on, constituting, i pertaining to, demonstrating, describing, depicting, directly or indirectly i relating to, summarizing, containing, ombodying, showing, comprising, i | 5 i  ¥ { | evidencing, refuting, contradicting, analyzing, identifying, stating, dealing i ‘with, and/or supporting. E 1. The terms “any” and “all” are to be construed to mean both any and all. i J. The terms “and” and “or” aro to be construed conjunctively and disjunctively, § whichever makes the request for documents and things most inclusive. i i K. The term “including” is to be construed to mean without limitation. i The use of the singular form of any word includes the plural form of that word. i L. The term “third party” includos, but is not limited to, customers and potential 13 customers, vendors, retailers, distributors, consultants, testing and/or Bl manufacturing and testing facilitics, manufacturers, and sales i ‘roprosentatives. | M. The term "ballot harvesting" means the use of a government or non | governmental employee, agent, representative, entity, or operative who | contacts an absentee voter for the purpose of canvassing that voter about the | nature or status of his or her ballot, attempting to influence the voter to cast | his or her ballot in a specific manner or for a specific candidate or issue, | obtaining the absentee voter's ballot for delivery to the clerk, U.S. postal Il facility, or ballot drop box, and/or to enticing, aiding, enabling, or causing the a voter to fail to personally mail or deliver a ballot to the municipal clerk issuing [ | the ballot in violation of Wis. Stat. § 6.87. Eo FE I "DOCUMENTS AND RECORDS TO BE PRODUCED i £ | 1. Tor the period Octobor 1, 2020 through Decomber 81, 2020, any and all i documents related to the provision of services related to the 2020 Genoral i Election at tho Hyatt Regoncy Green Bay, 333 Main Street, Groon Bay, WI il 64301. g | 2. For the period October 1, 2020 through December 81, 2020, any and all § documents related to Michael Spitzer-Rubenstein or the National Vote at ‘Home Institute, 3 : | i 6 5 i i