The Department of Justice has dispatched letters to election officials in all 50 states, emphasizing the critical federal mandate to retain election records. The warning highlights potential criminal charges for those who willfully disregard this requirement.
These letters, dated October 29 and signed by Acting Deputy Attorney General Trent McCotter, arrived just ahead of the pivotal November 3 midterm elections. McCotter stated, “Election Day is fast approaching, and I write to ensure that your office is protecting the integrity of your state’s elections and following federal recordkeeping requirements,” wrote.
He further emphasized the importance of preserving electoral history to maintain public trust in the democratic system, reminding officials of their obligation.
The letters reference 52 U.S.C. § 20701, a law established in 1960 that mandates the retention of electoral documents for 22 months. This includes voter registration forms, sign-in sheets, identification copies, mail-ballot requests, envelops, and all ballots, regardless of submission method.
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Just in: Federal court orders:
DOJ "shall not threaten state or local election officials and workers with criminal prosecution for processing or counting ballots in the 2026 election."
Also prohibits other forms of attempted intimidation, threats, coercion. pic.twitter.com/a3QZP9FmGp
— Ryan Goodman (@rgoodlaw) October 31, 2026
According to the correspondence, violating Section 20701 is a criminal offense, carrying a penalty of up to one year in prison and a $1,000 fine. Additionally, federal law forbids the theft, destruction, alteration, or concealment of election records. The DOJ confirmed that notices were sent to every state and that the letters are largely the same across states like Colorado, Michigan, Minnesota, and Wisconsin.
These letters do not introduce new legal responsibilities but reinforce existing mandates.
The timing of this announcement aligns with other DOJ actions regarding election processes. Earlier in October, the department had requested California election officials to review noncitizen mail ballot recipients and set aside certain ballots.
A federal judge previously dismissed efforts to segregate these ballots and urged an end to threats against election staff. Moreover, the department has sought access to voter data across multiple jurisdictions through legal methods.
In a separate lawsuit response, the DOJ named California and Washington as states receiving specific voter communications. Additionally, the Department of Homeland Security reached out to California, Nevada, Pennsylvania, and New Jersey regarding possible noncitizens on voter lists. The preservation letters are distinct from earlier communications sent by the department.
