The Justice Department warned election officials from all 50 states that they could face criminal charges if they fail to preserve certain Election Day materials like ballots and voter rolls for the next two years.
The letters, sent Thursday and signed by acting Deputy Attorney General Trent McCotter, are at least the third instance of members of President Donald Trump’s administration promising aggressive legal intervention if state officials don’t comply with federal elections-related requests.
The letters warn that it is unlawful to willfully steal, destroy, conceal, mutilate or alter election records — adding that violations are punishable by up to a year in prison.
In July, the department told states that election officials would face criminal liability if they allow noncitizens to vote, which is already rare and illegal. DOJ officials last month sent officials similar letters, threatening those who fail to preserve records from the 2024 election.
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States hold authority over the federal government to conduct their own elections.
The Trump administration has demanded California officials segregate ballots from 20,000 voters the government has flagged as potential noncitizens and issued grand jury subpoenas to several local officials. Officials in Washington state this week similarly received letters asking them to segregate ballots, a request the state’s secretary of state said was based on inaccurate information.
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