The U.S. Department of Justice (DOJ) has sent letters to election officials in over 30 states, informing them that they are "currently under investigation" and subject to "ongoing litigation" related to the preservation of records from the 2024 election. These letters, sent by the DOJ's Civil Rights Division, reference a directive about maintaining all election records while legal disputes are pending. The letters emphasize that election officials must not destroy or alter records that could be relevant to ongoing legal cases.
Utah's Republican Lieutenant Governor, Deidre Henderson, received one of the letters and expressed surprise, saying she had not been previously aware of the situation. She criticized the DOJ, calling the letters an example of "baseless harassment" of election officials. Similarly, Nevada’s Secretary of State, Cisco Aguilar, described the letter as a "pretty direct threat" and claimed the DOJ is attempting to intimidate election officials. Aguilar stated he would not be intimidated by such actions.
The letters are part of a broader effort by the Trump administration to assert federal control over elections and limit access to the ballot. However, the specific nature of the DOJ’s investigation remains unclear, as the letters do not reference any criminal laws or make direct accusations of wrongdoing. Harmeet Dhillon, head of the DOJ's Civil Rights Division, stated that the letters were sent to states that had not provided voter registration lists in compliance with federal law. She emphasized that the letters were intended to ensure election records are preserved during litigation and called the action "standard litigation practice, not a 'threat.'"
The DOJ is seeking access to unredacted voter registration databases that include sensitive information such as driver's licenses and partial Social Security numbers. Under the Civil Rights Act, states must keep voting records for 22 months after an election, which expired last week for the 2024 general election. However, the DOJ argues that these records must be kept while litigation is ongoing. The letters warn that failure to preserve this data could be considered "spoliation of evidence," which could lead to civil or criminal penalties.
Election law expert David Becker from the Center for Election Innovation and Research called the letters "completely meaningless," suggesting that the legal team behind them either misunderstands their obligations or is trying to push states to keep more data than required by law. Despite losing several legal battles over access to voter data, the DOJ continues to appeal court decisions against it. Recently, the government announced it would appeal a West Virginia court ruling after losing a case against the state's Republican Secretary of State, Kris Warner. Judge Thomas Johnson, appointed by former President George W. Bush, expressed frustration with the number of lawsuits filed by the government, questioning the true intent behind the DOJ's actions.
DOJ Sends Letters to States Over Voter Data Amid Legal Disputes
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