FBI Seizes 2020 Election Records from Fulton County Election Office Amid Federal Investigation

Federal Bureau of Investigation (FBI) agents recently executed a search warrant at the Fulton County Election Hub and Operation Center in Union City, Georgia, seizing hundreds of boxes of documents and materials related to the 2020 general election. This operation is part of an ongoing criminal investigation into alleged improprieties in voting processes and ballot counting in Fulton County. The action has drawn reactions from various officials and stakeholders, occurring amidst a broader context of past legal challenges and claims regarding the 2020 election results in Georgia.

The FBI's Search and Seizure at Fulton County Election Hub

On a recent Wednesday, the FBI conducted a court-authorized law enforcement action at the Fulton County election facility, located south of Atlanta. The search warrant, signed by Magistrate Judge Catherine Salinas, authorized the seizure of specific materials. These included:

• All physical ballots from the 2020 General Election, including absentee ballots.
• Tabulator tapes from every voting machine.
• Electronic ballot images generated during counting and recounting.
• All 2020 voter rolls and electoral registers.

Reports indicate that between 650 and 700 boxes of these materials, including original absentee ballots, were seized and transported by FBI personnel. Fulton County officials confirmed the seizure and stated the operation was "actively underway."

The search warrant's affidavit, written by FBI Special Agent Hugh Raymond Evans, cited that the seized material "constitutes evidence of the commission of a criminal offense" and "had been used as the means of committing a criminal offense." It specifically listed possible violations of statutes related to retaining election records and criminal penalties for voter intimidation or procuring false votes or registrations. The criminal investigation originated from a referral sent by Kurt Olsen, identified as the Presidentially appointed Director of Election Security and Integrity, who had previously worked on efforts to challenge the 2020 election results.

Allegations Fueling the Investigation

The FBI affidavit detailed several alleged deficiencies or defects concerning the 2020 election and vote tabulation in Fulton County:

• Fulton County has reportedly acknowledged not possessing scanned images for all 528,777 ballots from the original count or the 527,925 ballots from the recount.
• During the recount, some ballots were reportedly scanned multiple times.
• Auditors conducting hand counts reported vote tallies inconsistent with the actual number of votes within specific batches.
• Fulton County reported two different vote tallies on the deadline to report recount results and on the subsequent day.

The affidavit stated that if these deficiencies resulted from intentional action, it would constitute a violation of federal law, regardless of whether they influenced the election outcome. The affidavit did not mention any evidence or suspicion of foreign election interference.

Historical Context: 2020 Election Claims in Fulton County

Fulton County, Georgia's most populous county and a predominantly Democratic area, has been a consistent focus of claims of election fraud since the 2020 election.

• Former President Donald Trump lost the state of Georgia in the 2020 election. He has repeatedly stated his belief that the 2020 election was "rigged" and asserted claims of widespread fraud. These assertions have been rejected by courts and state and federal officials due to a lack of evidence that would have altered the outcome.
• Claims alleging election workers removed ballots from suitcases after counting concluded were determined to be unfounded. Two Georgia election workers, Ruby Freeman and Wandrea “Shaye” Moss, were subjected to harassment and threats after being falsely accused by Trump allies, including Rudy Giuliani. Giuliani was ordered to pay $148.1 million in damages to them in 2023, satisfying the judgment in 2025.
• In January 2021, Former President Trump engaged in a phone call with Georgia Secretary of State Brad Raffensperger, requesting him to "find 11,780 votes," which was close to Joe Biden’s margin of victory in the state. Raffensperger declined, citing multiple reviews confirming Biden's victory.

Concurrent Legal Battles and Personnel Shifts

The FBI's search occurs amid several ongoing and past legal actions related to the 2020 election in Fulton County:

• DOJ Lawsuit: The U.S. Justice Department's Civil Rights Division filed a lawsuit against Fulton County in December to obtain records related to the 2020 election, citing the county's refusal to provide requested documents responsive to a State Election Board subpoena. The DOJ is seeking a court order to compel the production of these records.
• State Election Board Involvement: A conservative majority on the Georgia State Election Board has repeatedly attempted to reopen a case alleging wrongdoing by Fulton County during the 2020 election. Subpoenas for various election documents were sent to the county board last year. The State Election Board also issued a letter of reprimand to Fulton County in May 2024 after a case alleged missing documentation for thousands of votes in the 2020 presidential recount.
• Fani Willis Case: An election interference case against Former President Trump and 18 others, brought by Fulton County District Attorney Fani Willis in August 2023, was dismissed in November after Willis was disqualified from the case due to an "appearance of impropriety" stemming from a romantic relationship with a hired prosecutor. President Trump, who pleaded not guilty, is seeking over $6.2 million in attorney fees and costs related to that investigation.

Fulton County's Response and Official Concerns

Fulton County officials, including Commissioner Marvin Arrington and Commissioner Mo Ivory, expressed concerns regarding the chain of custody for the seized original voting records and questions about inventory. Robb Pitts, Chair of the Fulton County Board of Commissioners, stated he received a phone call warning him and other state officials of imminent federal arrests two days before the FBI search. Pitts declined to disclose the caller's identity.

Fulton County has filed a motion in federal court requesting the return of the ballots and other election material, and for the affidavit supporting the search warrant to be unsealed. A federal judge ordered documents related to the FBI raid to be unsealed by a recent Tuesday, subject to redaction of nongovernmental witness names.

Pitts asserted the county's commitment to "fight for their vote" and "against those who seek to take over our elections." He criticized the action at the office, characterizing it as unjustified political retribution, and stated, "Fulton county elections are fair and lawful, and the outcome of the 2020 election will not change." He also noted that the county has conducted 17 elections without issues since 2020.

External Involvement and Political Commentary

Director of National Intelligence (DNI) Tulsi Gabbard was observed at the Fulton County election facility during the FBI search. She confirmed her presence, stating President Trump requested she observe for a brief period under her authority related to election security and protecting election integrity. She also stated she facilitated a phone call for President Trump to thank the agents involved and that neither she nor the President issued any directives during the call. President Trump later indicated Attorney General Pam Bondi had insisted Gabbard oversee the raid. Senator Mark Warner (D-Va.), a Democrat on the Senate Intelligence Committee, questioned Gabbard's involvement, stating that if she believed foreign interference occurred, she is obligated to inform the intelligence committee; otherwise, her involvement could be seen as a "domestic political stunt." Warner commented that the events in Fulton County appear to be "not about revisiting the past, it is about shaping the outcome of future elections."

Paul W. Brown, the special agent in charge of the FBI's Atlanta field office, was reportedly removed from his position approximately a week prior to the search after allegedly expressing concerns regarding the administration's renewed focus on investigating Fulton County's role in the 2020 election and declining to execute searches. The FBI has not publicly commented on Brown's removal.

• Georgia State Senator Josh McLaurin described the search as "extremely alarming."
• Democratic officials generally characterized the search as an attack on democratic processes and an attempt to sow distrust ahead of future elections. Senator Jon Ossoff (D-Ga.) stated these actions demonstrate a president using federal law enforcement as an instrument of personal authority.
• Republican officials characterized the action as a justified and lawful execution of a federal search warrant, a standard legal process necessary to ascertain facts. Georgia state representative Victor Anderson stated the event was being sensationalized.
• Rick Hasen, a UCLA law professor, observed that President Trump's utilization of the FBI for investigations into the 2020 election aligns with a pattern of presidents employing federal agencies for personal objectives.
• David Becker, Executive Director of The Center for Election Innovation and Research, expressed skepticism that the FBI search would lead to successful prosecutions, suggesting it might primarily aim to create uncertainty for future midterms. He described the affidavit as "much weaker than I suspected," alleging primarily "human error."
• Georgia Secretary of State Brad Raffensperger (R) criticized the probe, stating, "Instead of wasting time and tax dollars trying to change the past with baseless and repackaged claims, let's focus our efforts on building a safer, more affordable future for all hardworking Georgians."
• President Trump has recently called for a federal takeover of elections, which are typically administered by state and local governments. His administration signed an executive order intended to establish new rules for state election systems and voting procedures, although judges have repeatedly blocked this order.