The Justice Division has warned election officials in a number of states that they might face jail time in the event that they fail to protect election data in accordance with federal legislation, in accordance with copies of the letters obtained by ABC Information.
Appearing Deputy Lawyer Basic Trent McCotter framed his letter, despatched Thursday to state election leaders, as a “reminder” of their obligation to protect ballots, pollbooks, precinct sign-in sheets and different election-related supplies.
“It’s a crime to willfully fail to conform” with the record-retention guidelines, McCotter wrote. “Such a failure is punishable by as much as a 12 months in jail and a $1,000 high-quality.”
The message from McCotter comes because the Trump administration continues threatening election staff in California and elsewhere with jail time for tabulating ballots that the Justice Division claims might belong to noncitizen voters.
A number of state election officers mentioned McCotter’s invocation of legal legal responsibility for election officers who fail to adjust to longstanding legislation marks a departure from how previous administrations have communicated such obligations to their state counterparts.
Some state officers ABC Information spoke with took concern with the letter’s tone.
Voters take part within the first day of early midterm voting at a polling place within the Fulton County Election Hub and Operation Heart in Union Metropolis, Georgia, October 13, 2026.
Jonathan Ernst/Reuters
“Whereas I hope the choice to emphasise legal penalties was meant merely as a reminder of the legislation, it might have been dealt with in another way,” mentioned Connecticut Secretary of State Stephanie Thomas.
In January, the FBI seized greater than 600 bins of ballots and different election data in Fulton County, Georgia, as a part of an investigation pushed by allies of President Donald Trump looking for to overturn the result of the 2020 election.
A federal choose in Could denied a request from Fulton County officers to drive the FBI to return the ballots.
