Justice Department can keep 2020 election ballots seized from Georgia’s Fulton County, judge rules

ATLANTA (AP) — The federal government doesn’t have to return the 2020 election ballots from Georgia’s Fulton County that were seized by the FBI from a warehouse near Atlanta, a judge ruled Wednesday.

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U.S. District Judge J.P. Boulee’s decision came after lawyers for the county had argued that the ballots and other election materials, as well as any electronic copies the Justice Department has made, should be returned because the seizure was improper and unconstitutional.

The Jan. 28 seizure by the FBI targeted the elections hub in Georgia’s most populous county, which is heavily Democratic and 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 him the 2020 election.

The Justice Department has said it is 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.

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 Board of Commissioners Chairman Robb Pitts said he strongly disagrees with the judge’s denial of the county’s request to return the election records.

“We will continue, as always, to stand by our election workers and the voters of Fulton County,” he said in an emailed statement. “We intend to vigorously pursue all available legal options.”

The Justice Department did not immediately respond to emails seeking comment on the ruling Wednesday evening.

“The seizure in this case was certainly not perfect,” Boulee wrote in his 68-page ruling. But he went on to say that Fulton County did not establish that its rights were callously disregarded “either through the lack of probable cause, omissions in the Affidavit or by the manner of the execution of the seizure.”

The county also failed to show that it needs the documents or will be irreparably harmed if they are not returned, he wrote, noting this is particularly true because the Justice Department has given the county copies of the documents.

Months after the January seizure of ballots and other election materials, the Justice Department in April obtained a grand jury subpoena for the names and personal contact information of Fulton County employees and volunteers involved in the 2020 election. Fulton County filed a motion Monday to quash that subpoena, arguing that it is overly broad and meant to harass the president’s political opponents.