The Justice Department has instructed officials in more than two dozen states and the District of Columbia to preserve all records related to the 2024 election. The directive is part of an ongoing effort by the administration to acquire detailed voter registration information from these states, despite previous legal setbacks.
Letters were sent to states that the Justice Department has sued in an attempt to gain access to voter registration data, which typically includes addresses, dates of birth, driver's license numbers, and partial Social Security numbers. One such letter, obtained by the Associated Press, informed Utah Lt. Gov. Deidre Henderson that she is "under investigation" and subject to ongoing litigation regarding the state's refusal to provide statewide voter registration lists. The department declined to provide further details about the investigation.
Eric Neff, acting chief of the Civil Rights Division's Voting Section, stated in the letter that the purpose was to notify recipients of their obligation to take reasonable steps to conduct a litigation hold and preserve all relevant hard copy documents and electronically stored information. The letter warned that failure to preserve data could result in "spoliation of evidence," potentially leading to civil and criminal sanctions.
Harmeet Dhillon, head of the Civil Rights Division, explained in a social media post that the letters were intended to ensure states do not destroy election records pertinent to lawsuits seeking voter registration lists. She described the action as "standard litigation practice, not a ‘threat.’"
Utah's top elections official, Henderson, expressed surprise at the "under investigation" wording, noting that previous communications from the Justice Department had not contained such language. While acknowledging the need to retain records during litigation, she criticized what she called a "constant barrage of attacks and harassment and accusations, baseless accusations, that do nothing to help secure our elections."
Other election offices, including those in Arizona and Minnesota, confirmed receipt of similar letters. A spokesperson for the Arizona Secretary of State's office stated they would follow the law and called any implication otherwise "disrespectful." The Minnesota Secretary of State's office indicated compliance with the request, while noting it extends beyond the federal requirement to maintain records for 22 months post-election.
This preservation demand could pave the way for the Justice Department to seek access to states' election records as part of its efforts to identify potential fraud. The FBI has previously obtained records or election equipment from populous counties in Arizona, Georgia, and Michigan related to the 2020 or 2024 elections without specifying the purpose of its search.
Election officials have raised concerns that the Justice Department's requests for sensitive voter information may conflict with state privacy laws and could be used for purposes beyond ensuring compliance with federal election laws, such as checking citizenship status. In one instance, a Justice Department attorney acknowledged seeking unredacted voter roll information for potential sharing with the Department of Homeland Security. Judges have consistently dismissed the department's lawsuits seeking this detailed voter information, and Attorney General Todd Blanche has suggested the possibility of an appeal to the U.S. Supreme Court.
The administration has continued to voice concerns about potential voter fraud, particularly noncitizen voting, though officials acknowledge such instances are rare and prosecuted, and there is no evidence of widespread fraud affecting election outcomes.