Justice Department issues nationwide warning to preserve election records ahead of midterms

The Justice Department has sent formal letters to election officials in every state, instructing them to retain voting-related documents for a minimum of 22 months. Acting Deputy Attorney General Trent McCotter warned that failure to preserve records could result in criminal prosecution under Section 20701, which carries up to one year in prison and a $1,000 fine for willful destruction or alteration of election files.

McCotter told reporters that the directive is intended to ensure that each citizen’s vote is counted and not offset by votes cast by non-citizens. “Despite what some may say, cracking down on illegal voting, investigating these cases, this is not a threat to elections. It’s not a threat to democracy. It’s not a threat to election officials. Exactly the opposite,” he said.

The required records include registration forms, poll books, sign-in sheets, identification documents, mail-in ballot requests, and ballot envelopes. The Department of Justice plans to deploy about 1,000 monitors across the 50 states to observe compliance with federal law, focusing on issues such as accessibility requirements and potential voter intimidation. Department spokeswoman Kiersten Pels said the monitors will not interact with voters or voting equipment, but will report any concerns for post-election review.

Both the Republican National Committee and the Democratic National Committee have announced their own monitoring and legal teams to observe polling places and address any alleged violations. A DNC spokesperson said the party has expanded its voter-protection program and established an in-house litigation team to defend voting-rights issues.

The Justice Department also warned that non-citizens who vote could face arrest, criminal charges, and deportation. A spokesperson for the Department of Homeland Security clarified that Immigration and Customs Enforcement will not conduct operations targeting polling locations unless a specific public-safety threat arises.

Legal actions related to voting compliance continue, with the federal government having sued 30 states and the District of Columbia for not providing complete voter-registration lists, though most of those suits have been dismissed. Over the past two months, the Justice Department has charged 154 foreign nationals in 23 states with unlawful voting or related offenses.

President Trump has reiterated his focus on preventing illegal voting and has signaled that the federal government will closely monitor the upcoming midterm results.