The Department of Justice has delivered a blunt election records warning to officials in every state, reminding them that federal law requires the preservation of key voting materials. The message also makes clear that willful noncompliance can expose officials to criminal prosecution.

The letters were dated October 29 and signed by Acting Deputy Attorney General Trent McCotter. They arrived only days before the November 3 midterm elections, putting state officials on notice as Election Day approached.

“Election Day is fast approaching, and I write to ensure that your office is protecting the integrity of your state’s elections and following federal recordkeeping requirements,” McCotter wrote.

His message framed compliance as a matter affecting both voting rights and public trust. It reminded officials that Congress has imposed specific requirements for retaining records tied to federal elections.

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“To protect the franchise and maintain public confidence in our democratic process, Congress requires election officials to retain election records. I am writing to remind you of that obligation,” he added.

The letters point officials to 52 U.S.C. § 20701, a federal provision dating to 1960. Under that statute, officials must preserve records required for voting in a federal election for 22 months.

The covered materials include completed voter registration forms, pollbooks, precinct sign in sheets, copies of identification documents, mail ballot requests, and mail ballot envelopes. The requirement also covers ballots cast through the mail, placed in drop boxes, or submitted in person.

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The warning does not dance around the potential consequences for officials who deliberately ignore the law. It states that willfully failing to satisfy the preservation requirement is itself a crime.

“It is a crime to willfully fail to comply with Section 20701. Such a failure is punishable by up to a year in prison and a $1,000 fine,” the correspondence states.

Federal law also prohibits the willful theft, destruction, concealment, mutilation, or alteration of election records. Together, those provisions give the warning more weight than the usual bureaucratic reminder sent before an election.

The Department of Justice confirmed in an October 30 court filing that the notices were sent to all 50 states. Copies obtained from Colorado, Michigan, Minnesota, and Wisconsin were essentially identical.

The letters do not establish new legal duties for election officials. Instead, they restate an existing federal statute and highlight the criminal penalties already attached to willful violations.

Their arrival also coincided with other Department of Justice activity involving state election administration. Earlier in October, the department sent demands to California officials concerning a list of people it alleged could be noncitizens who had received mail ballots.

California officials were instructed to review that list and set aside certain ballots. A federal judge rejected a request to force the segregation of those ballots and said threats against election workers must stop.

The department has separately pursued access to voter data and election records in other jurisdictions through litigation. In a filing responding to a lawsuit brought by Democratic groups, it identified California and Washington as states where communications concerning specific voters had been sent.

The Department of Homeland Security also contacted California, Nevada, Pennsylvania, and New Jersey regarding potential noncitizens appearing on voter rolls. The Department of Justice described its nationwide preservation letters as separate from those earlier communications.

For election officials, the latest correspondence leaves little room for misunderstanding about the federal records rule. Materials connected to federal voting must be retained for 22 months, and willfully disregarding that obligation can carry prison time, a fine, or prosecution.