Justice Department can keep 2020 election ballots seized from Fulton County, judge rules
ATLANTA (AP) — A federal judge ruled Wednesday that the federal government does not have to return the 2020 election ballots from Georgia’s Fulton County that were seized by the FBI from a warehouse near Atlanta, part of a broader Justice Department investigation into conduct tied to the 2020 presidential election.
U.S. District Judge J.P. Boulee’s decision came after lawyers for the county argued that the ballots and other election materials — and any electronic copies the Justice Department made — should be returned because the seizure was improper and unconstitutional. The judge denied the county’s request.
Boulee’s ruling addressed arguments that the seizure violated the Fourth Amendment’s protections against unreasonable search and seizure. In earlier proceedings, Fulton County had said the search warrant and related process reflected “callous disregard” for constitutional protections, and the county argued that the Justice Department’s approach showed improper motives.
In his decision, Boulee wrote that “The seizure in this case was certainly not perfect,” while concluding that Fulton County did not establish that its rights were “callously disregarded” through the lack of probable cause, omissions in an affidavit, or the manner in which the seizure was executed. He also said the county did not show it needed the documents or would face irreparable harm if they were not returned, noting that the Justice Department had provided the county copies of the documents.
The FBI seizure, conducted Jan. 28, targeted the elections hub in Fulton County, Georgia’s most populous county and a heavily Democratic jurisdiction that includes most of the city of Atlanta. Fulton County has been at the center of unfounded claims by President Donald Trump and his allies that widespread election fraud cost Trump the 2020 election, according to the court record and reporting.
The Justice Department has said it was investigating “irregularities that occurred during the 2020 presidential election in the County” and identified two laws that might have been violated. One requires election records to be maintained for 22 months, while the other prohibits procuring, casting or tabulating false, fictitious or fraudulent ballots.
Boulee wrote that the affidavit supporting the seizure was “defective in some respects” and that some statements were “troubling,” but he said the agent who wrote it also included “facts that both hurt and helped him.” He concluded that the affidavit’s shortcomings did not amount to callous disregard, according to the ruling.
Georgia’s votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Democrat Joe Biden’s win. Fulton County also argued in court that the Justice Department’s criminal process, coming after other litigation, amounted to an effort to bypass procedural steps in its civil cases.
After the ruling, Fulton County Board of Commissioners Chairman Robb Pitts said he strongly disagreed with the decision not to return the election records. Pitts said in an emailed statement that the county would continue to stand by its election workers and voters and “intend[s] to vigorously pursue all available legal options.”
A Justice Department spokesperson applauded the ruling and said the agency plans to continue its investigation, while bringing the case forward under the same investigative posture described in court filings. The ruling also comes as the Justice Department seeks information from election-related offices and workers in other states, while election officials — including some Republicans — have said turning over sensitive voter data may violate privacy laws.