DOJ Warns All 50 States to Preserve Ballots or Face Jail
Federal prosecutors warn states to preserve election records or risk criminal penalties ahead of midterms.
2 min read
The U.S. Department of Justice has issued a nationwide warning to all 50 states, informing them that willfully destroying, concealing, or altering election records is a federal crime punishable by up to a year in prison and a $1,000 fine. The letters, signed by Acting Deputy Attorney General Trent McCotter, were sent on October 29 and emphasize the importance of maintaining voting records to protect the franchise and public confidence in the democratic process.
Legal Reminder Before Midterms
The letters cite 52 U.S.C. § 20701, which applies to every county and local official overseeing federal elections, including mail-in, drop box, and in-person ballots. The Justice Department confirmed in a court filing that it sent the notices to all states, just days before the midterms. This comes amid an ongoing legal battle between the DOJ and California over ballots from suspected noncitizens.
🚨 IT’S OFFICIAL: Trump’s DOJ just put election officials in California and ALL 50 STATES on notice — preserve every ballot and voting record so we can protect against fraud, or you could face JAIL
Earlier in October, McCotter had given California officials 48 hours to review voter rolls and segregate ballots from approximately 20,000 people flagged as likely noncitizens. The state refused, prompting a DOJ lawsuit. A federal judge rejected the administration’s request to set those ballots aside, reinforcing the legal requirement to preserve records.
Trump’s Public Warnings
President Trump amplified related warnings, posting that officials “will all go to jail for a long period of time” after the DOJ highlighted alleged noncitizen registrations in Los Angeles County. Multiple secretaries of state confirmed they received the letters, with some expressing compliance with the law.
State Responses Vary
Florida’s Republican secretary of state said the state already complies with the requirements, while Washington’s Democrat secretary affirmed the office’s commitment to retaining records under state and federal law. Oregon’s Democrat Secretary of State Tobias Read sent a snarky reply, correcting the misspelling of his name in the DOJ letter and emphasizing the need for professionalism in election administration.
Historical Context and Legal Push
The letters cited historical close races, including a California congressional contest decided by 187 votes in 2024 and the 2000 Florida presidential race decided by 537 votes, to underscore the importance of maintaining accurate records. This is part of a broader Trump administration effort to enforce election-integrity statutes and ensure only citizens are voting.
Source: The Gateway Pundit
