Steven M. Jacob
State of Nebraska Office of the Attorney General
April 13, 2018
File No. 18-R-109; Nebraska Secretary of State; Steven M.
letter is in response to your correspondence dated March 27,
2018 and received by this office on March 30, 2018, in which
you sought our assistance in obtaining your original exhibits
in Jacob v. Frakes, et al., Case No. C116-2592
(Lancaster County District Court). Upon receipt of your
petition, we contacted staff at Secretary of State John
Gale's office, who provided us the correspondence you
submitted to his office referenced in your March 27, 2018
letter. We also reviewed certain documents in your court case
relating to your request for the exhibits. We have considered
this material under the provisions of the Nebraska Public
Records Statutes, Neb. Rev. Stat. §§ 84-712 through
84-712.09 (2014, Cum. Supp. 2016) ("NPRS"). Our
findings in this matter are set forth below.
letter to Secretary Gale, dated January 26, 2018, you
requested that he facilitate "the return of documents
that are in evidence as Exhibits in the case: Jacob v.
Frakes, CI 16-2592." Your letter included an index
of 27 exhibits subject to your request. Your request was
prompted, for the most part, because many of the exhibits are
certified copies and you wish to preserve them for future
use. Your letter indicated that you were writing to Secretary
Gale in his capacity as the State Records Administrator, and
that you had filed a motion in district court for the return
of the exhibits under Neb. Rev. Stat. §
24-1004.1 You offered to provide photocopies to
replace the original exhibits, and asked that Secretary Gale
contact the judge in your case if your proposal to replace
the exhibits was satisfactory to him.
followed up with another letter to the secretary dated
February 26, 2018. You indicated the judge in your case
denied your motion, and that you were writing again to...