The Justice Department has sent letters to state election officials reminding them of their legal obligations to preserve election materials for 22 months after federal elections. The letters, dated October 29, were signed by acting Deputy Attorney General Trent McCotter and sent to all 50 states. The letters warn that willfully failing to comply with Section 20701 is a crime punishable by up to a year in prison and a $1,000 fine. The letters also state that it is unlawful to willfully steal, destroy, conceal, mutilate, or alter election records.
Nebraska’s top election official received the letter, as did other state officials. Multiple state election offices confirmed they received identical letters. The letters came two days after a federal judge in California verbally admonished the Trump administration for threatening election officials with criminal prosecution in a separate dispute over ballots cast by suspected noncitizens. U.S. District Judge David O. Carter said during a hearing that threats to state and county elected employees should cease immediately.
Justin Levitt, a former Justice Department official, said he was unaware of any precedent for sending such a reminder to election officials nationwide. He noted that election officials are already aware of their legal obligations and suggested the letters may be intended to intimidate rather than inform.
Votebeat asked the Justice Department why the letters were sent just days before Election Day, why McCotter personally signed them, and whether similar reminders had been issued before previous federal elections. The department had not responded as of publication.
Some states did not immediately see the letters. The DOJ sent some of the letters to general or incorrect inboxes. Texas’s letter, which was delivered to the correct location, was addressed to “Sec. Jane Nelson,” who left office in July. Connecticut Secretary of State Stephanie Thomas, a Democrat, stated in a statement that her office remains focused on carrying out the Nov. 3 election. She added that her office complies with the law as a matter of course and did not need the reminder.
