DOJ warns state election officials they could face jail time if they fail to preserve records
The Justice Department has warned election officials in multiple states that they could face jail time if they fail to preserve election records in accordance with federal law, according to copies of the letters obtained by ABC News.
Acting Deputy Attorney General Trent McCotter framed his letter, sent Thursday to state election leaders, as a "reminder" of their obligation to preserve ballots, pollbooks, precinct sign-in sheets and other election-related materials.
"It is a crime to willfully fail to comply" with the record-retention rules, McCotter wrote. "Such a failure is punishable by up to a year in prison and a $1,000 fine."
The message from McCotter comes as the Trump administration continues threatening election workers in California and elsewhere with jail time for tabulating ballots that the Justice Department claims could belong to noncitizen voters.
Multiple state election officials said McCotter's invocation of criminal liability for election officials who fail to comply with longstanding law marks a departure from how past administrations have communicated such obligations to their state counterparts.
Some state officials ABC News spoke with took issue with the letter's tone.
"While I hope the decision to emphasize criminal penalties was intended simply as a reminder of the law, it could have been handled differently," said Connecticut Secretary of State Stephanie Thomas.
In January, the FBI seized more than 600 boxes of ballots and other election records in Fulton County, Georgia, as part of an investigation driven by allies of President Donald Trump seeking to overturn the outcome of the 2020 election.
A federal judge in May denied a request from Fulton County officials to force the FBI to return the ballots.
