Judge Weighs Fulton County Bid to Reclaim FBI‑Seized 2020 Ballots and Election Records
A judge will hear Fulton County’s bid to reclaim ballots and election records seized by the FBI on Jan. 28 from a warehouse near Atlanta that served as the county’s 2020 elections hub. The Justice Department says the search was executed under warrant as part of an investigation into whether ballot images and tabulation were mishandled (including duplicate scans, unfolded unmailed ballots treated as mail‑ins, and tabulator‑tape irregularities), while Fulton calls the seizure a Fourth Amendment affront and an overreach; an election‑security expert has filed a declaration contesting the affidavit’s accuracy, and DOJ notes it has also sought records and data from other jurisdictions.
📌 Key Facts
- On Jan. 28 the FBI seized ballots and election records from a warehouse near Atlanta that served as Fulton County’s 2020 elections hub.
- The Department of Justice says its investigation is focused on whether Fulton properly retained ballot images; whether some ballots were scanned and counted multiple times; whether unfolded, unmailed ballots were counted as mail‑in absentee ballots; and possible irregularities involving tabulator tapes.
- Fulton County filed that the DOJ showed “callous disregard” for the Fourth Amendment and is trying to set a precedent for “unchecked power” over local election administration.
- The DOJ rebutted that obtaining a warrant and affidavit is the “exact opposite” of callous disregard and said Fulton’s goal is to disrupt an ongoing federal criminal investigation.
- Election‑security expert Ryan Macias submitted a sworn declaration asserting the FBI affidavit contains “a multitude of false or misleading statements and omissions” and characterizing the cited deficiencies as common human error, not probable cause of fraud.
- Separately, the DOJ has subpoenaed records tied to the Maricopa County, Arizona 2020 audit and is litigating with multiple states for voter‑data access — actions election officials say could violate privacy laws.
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- Confirms the seizure date as Jan. 28 and that it targeted a warehouse near Atlanta that served as Fulton County’s 2020 elections hub.
- Details DOJ’s stated investigative focus: whether Fulton retained ballot images properly, whether some ballots were scanned and counted multiple times, whether unfolded, unmailed ballots were counted as mail‑in absentee ballots, and potential irregularities involving tabulator tapes.
- Quotes Fulton County’s filing accusing DOJ of showing 'callous disregard' for the Fourth Amendment and trying to set a precedent for 'unchecked power' over local election administration.
- Includes DOJ’s rebuttal that obtaining a warrant and affidavit is the 'exact opposite' of callous disregard and that Fulton’s 'goal to disrupt an ongoing federal criminal investigation is clear.'
- Adds a sworn declaration from election‑security expert Ryan Macias asserting the FBI affidavit contains 'a multitude of false or misleading statements and omissions' and characterizing the cited 'deficiencies' as common human error, not probable cause of fraud.
- Notes DOJ has also subpoenaed records tied to the Maricopa County, Arizona 2020 audit and is simultaneously litigating with multiple states for voter‑data access, which election officials say could violate privacy laws.