DOJ Warns Election Officials Over Records Preservation

The Justice Department sent state election officials letters warning that willful failure to preserve federal election records could lead to criminal penalties, including up to a year in prison. The letters, dated Oct. 29 and signed by Acting Deputy Attorney General Trent McCotter, say officials must retain ballots, voter-registration records and other election materials for 22 months after a federal election. The department said in a court filing that it sent the letters to every state. Officials familiar with the correspondence also said they appeared to have gone to all 50 states. The letters cite Section 20701, which requires preservation of election records, and warn that willfully stealing, destroying, concealing, mutilating or altering those records is unlawful. The letters describe the criminal penalty for willful noncompliance as up to one year in prison and a $1,000 fine. A Justice Department spokesperson said the agency relies on state voting records to pursue cases involving alleged unlawful voting and registration, and characterized the letters as a reminder of officials’ federal obligations. The letters do not create new legal requirements, according to...