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Politics

Justice Department warns election officials of jail time over records

Letters cite a federal records law with up to a year in prison; state officials say the warning breaks from past practice.

Updated Nov 1, 2026 · 11:33 UTC2 reports

The short version

  • The Justice Department sent letters warning state election officials they could face jail time for failing to preserve election records.[ABC News]
  • Acting Deputy Attorney General Trent McCotter framed the letters as a reminder of record-retention duties, which carry up to a year in prison and a $1,000 fine.[ABC News]
  • State election officials said the criminal-liability warning departs from how past administrations communicated such obligations, and reports differ on how many states received letters.[The Washington Sun · ABC News]

Key facts

  • The Justice Department sent letters to election officials warning of possible jail time for failing to preserve election records.[The Washington Sun · ABC News]
  • Acting Deputy Attorney General Trent McCotter framed the letter, sent Thursday to state election leaders, as a reminder of record-retention obligations.[ABC News]
  • The letter stated that willfully failing to comply with record-retention rules is a crime punishable by up to a year in prison and a $1,000 fine.[ABC News]
  • Multiple state election officials said the invocation of criminal liability marks a departure from how past administrations communicated such obligations.[ABC News]
  • The Washington Sun reported that the letters went to election officials in all 50 states and cover ballots and voter rolls for two years.[The Washington Sun]

What remains uncertain

  • Reports differ on the scope of recipients: ABC News describes letters to officials in multiple states, while The Washington Sun reports all 50 states.[The Washington Sun · ABC News]
  • Whether the letters are a routine records reminder or a threat is contested, and state officials have expressed concern about their tone.[ABC News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.