Overview
- The Justice Department confirmed on Thursday that it sent preservation letters to at least 30 state chief election officials ordering litigation holds and warning that failing to preserve 2024 election records may constitute spoliation subject to civil or criminal sanctions.
- The notices tell officials they are “currently under investigation” and involved in “ongoing litigation,” but the DOJ has not said whether the inquiries are civil or criminal or identified the specific investigations.
- The letters target states the DOJ says it is actively suing for refusing to provide full, unredacted statewide voter-registration lists, a campaign that began in 2025 and has produced many court losses for the department.
- State election officials from both parties have pushed back, saying they will follow state privacy and records laws and calling the preservation demands harassing or unnecessary, with some noting federal retention rules already require keeping many 2024 election materials.
- The dispute rests on a May DOJ legal opinion that said federal law allows the department to compel statewide voter lists and share them with DHS, a stance that courts have often rejected so far and that could shape further appeals and litigation outcomes.