Fulton County moves to reclaim 2020 election records seized by FBI

Fulton County officials moved Wednesday to regain control of thousands of 2020 election records seized by federal agents last week, filing an emergency motion in federal court as leaders warned the investigation could have wide-ranging implications for elections nationwide.

County Commission Chairman Robb Pitts said during a Wednesday morning news conference at the Fulton County Government Center that the county has formally asked a federal judge to order the return of materials taken during an FBI search of the county’s elections headquarters in Union City.

“This is a serious case,” Pitts said. “Our Constitution is at stake in this fight. The Constitution is the law of the land. It is not a suggestion.”

The motion, filed shortly before 9 a.m. under Rule 41(g) of the Federal Rules of Criminal Procedure, seeks the return of original ballots and related election records. It also asks the court to prevent federal authorities from reviewing or using the materials while the case is pending and to place the matter on an expedited schedule.

The filing remains under seal, and Pitts said he could not discuss its contents, but confirmed the county is also requesting that the affidavit used to justify the search warrant be unsealed.

Federal agents seized approximately 656 boxes of election materials, including ballots, tabulator tapes, electronic ballot images and voter rolls, according to county officials. Pitts said the county was given no advance notice of the search and was not provided copies of the records taken.

“They showed up and took the boxes they wanted,” Pitts said. “We don’t even have copies of what they took.”

County leaders emphasized the seizure does not reflect wrongdoing by election officials, noting that Fulton County’s 2020 results have been reviewed and recounted multiple times without any change. Commissioner Marvin Arrington said the emergency filing was necessary to move quickly, warning that delays risk undermining public trust in the election process.