Elections

Trump Justice Department sues Fulton County to obtain 2020 ballots

It’s a dramatic escalation of federal involvement in a continuing effort to prove fraud in the 2020 presidential election.
A Fulton County elections workers prepares absentee ballots for counting during the county's second recount of Presidential Election Day ballots at the Georgia World Congress Center, Tuesday, Nov. 25, 2020. The U.S. Department of Justice on Friday filed a federal lawsuit seeking copies of ballots and other documents from the 2020 election. (Alyssa Pointer/AJC)
A Fulton County elections workers prepares absentee ballots for counting during the county's second recount of Presidential Election Day ballots at the Georgia World Congress Center, Tuesday, Nov. 25, 2020. The U.S. Department of Justice on Friday filed a federal lawsuit seeking copies of ballots and other documents from the 2020 election. (Alyssa Pointer/AJC)
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The U.S. Justice Department filed a lawsuit Friday seeking copies of Fulton County’s ballots from the 2020 election.

The lawsuit, filed in U.S. District Court in Atlanta, also seeks absentee ballot signature envelopes, digital files and other records from the 2020 election. The lawsuit accuses the Fulton County Clerk of Superior Court Che Alexander of violating federal laws by failing to produce the documents, which have been sealed by a court order.

The Justice Department lawsuit marks a dramatic escalation of the Trump administration’s investigation into allegations of voting fraud in Fulton County. President Donald Trump has claimed for years that fraud cost him the election in Georgia.

Numerous investigations have found human error contributed to problems in the county’s conduct of that election. But they have found no evidence of intentional misconduct. Democrat Joe Biden’s narrow victory was confirmed by two recounts, including a hand count of every ballot cast.

Fulton County Commission Chairman Robb Pitts decried the continued focus on the 2020 election.

“I don’t know how loudly I can say it. The 2020 elections are over,” Pitts said Friday. “Why does this crowd continue to focus on this, I’ll never understand.”

Trump and his supporters have long contended the election was rife with fraud. Last year a right-wing majority on the State Election Board subpoenaed the ballots and other documents, but that dispute is tied up in court.

Last summer the election board sought Justice Department assistance. In October the department requested the ballots and other election materials. The county responded that the ballots are under seal, and it would take a court order to unseal them.

The lawsuit filed Friday says the DOJ needs the ballots and other records to determine whether Fulton County has complied with federal election laws. It seeks a court order declaring the county has violated federal law by not producing the records and an order requiring the county to produce them.

Alexander, whose office is in possession of the election materials, is the defendant in the lawsuit. She declined to comment Friday.

State Election Board member Janelle King, who supported the board’s request for Justice Department intervention, declined to comment. Other members of the board could not be reached for comment.

The Justice Department on Friday also announced lawsuits against four states — Colorado, Hawaii, Massachusetts and Nevada — that the department says failed to produce voter registration lists as requested.

“States have the statutory duty to preserve and protect their constituents from vote dilution,” said Assistant Attorney General Harmeet K. Dhillon. “At this Department of Justice, we will not permit states to jeopardize the integrity and effectiveness of elections by refusing to abide by our federal elections laws. If states will not fulfill their duty to protect the integrity of the ballot, we will.”

About the Authors

David Wickert writes about the state budget, finance and voting issues. Previously, he covered local government and politics in Gwinnett and Fulton counties. Before moving to Atlanta, he worked at newspapers in Illinois, Tennessee, Virginia and Washington.

Caleb Groves is a general assignment reporter for The Atlanta Journal-Constitution's politics team and a Kennesaw State University graduate.

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