States ordered to keep 2024 election records after DOJ litigation hold
State election officials in Nevada, New Hampshire and other battlegrounds are preserving 2024 ballots and related materials following litigation-hold notices from the Justice Department.
Following a Sept. 4 litigation-hold notice from the Justice Department, state election officials are being asked to preserve ballots, mail-ballot envelopes, proof-of-voting records and other election documents from the 2024 cycle. Federal law normally requires retention for 22 months, which ended on Sept. 5, but the DOJ argues its civil-rights lawsuit demands longer preservation. Nevada’s secretary of state office requested indefinite retention of both 2024 and any remaining 2022 records, while New Hampshire’s secretary of state ordered municipalities to keep 2024 ballots until further notice, though he questioned the DOJ’s evidence.
Arizona, Minnesota and Utah have publicly pledged to follow the request; Wisconsin and Georgia acknowledged receipt but gave few details. The DOJ cites Title III of the Civil Rights Act of 1960 to justify the demand, despite recent court defeats in several states. The ongoing legal battle could ultimately be decided by the Supreme Court.
Why it matters
Preserving election records could affect the outcome of federal voter-roll lawsuits and future election integrity oversight.
How this story developed
- Aug 27 Rep. Jake Auchincloss Discusses Congressional Reform and Supreme Court Changes
- Sep 4 The court’s decision upheld the citizen‑initiated referendum and blocked the new map.
- Sep 5 Judge extended the preliminary injunction blocking the rule.
- Sep 5 Judge Talwani issued a new order on Friday extending the injunction.
- Sep 6 Democratic Secretary of State Cisco Aguilar is refusing federal demands for voter data, while Republican rival Jim Marchant persists in promoting unfounded fraud allegations.
- Sep 6 Administration filed a third petition to the Supreme Court seeking to overturn the injunction.
- Sep 8 Missouri Supreme Court issued a unanimous ruling requiring a statewide referendum before the GOP‑crafted map can be used.
- Sep 9 Supreme Court issued a 6‑3 stay of the district‑court injunction.
- Sep 10 Federal judge rejected Secretary of State Denny Hoskins' request to block the contempt proceeding.
- Sep 10 First Circuit Court of Appeals denied the administration’s request to lift the injunction, leaving the rule blocked through the November elections.
- Sep 11 U.S. Supreme Court blocked the Trump-backed congressional map, requiring use of the 2022 districts.
- Sep 14 A federal judge issued an injunction blocking the USPS mail‑ballot rule.
- Sep 14 Republican candidates have also entered secretary of state races in Arizona and Wisconsin.
- Sep 15 Supreme Court rejected the administration’s request to stay the injunction.
In this story
Related stories
20 in this thread