Democrats sue DOJ over midterm ballot seizure plans

According to the committee, the Justice Department has gutted significant guardrails that would normally ensure law enforcement has no impact on election integrity and an election’s certification.WASHINGTON (CN) — The Democratic National Committee sued the Justice Department on Thursday over its refusal to turn over documents related to any plans to seize ballots, voting machines and other election materials within a month of any federal primary and general election during the midterms.The DNC filed the Freedom of Information Act lawsuit in the U.S. District Court for the District of Columbia, after the FBI declined to turn over such documents as requested in a Feb. 6, request brought in the wake of the FBI raid on the Fulton County election office on Jan. 28.“Following the seizure of archived ballots from Fulton County, Georgia — and seeking to ensure that the Trump administration does not attempt unprecedented abuses of criminal law enforcement tools to undermine upcoming elections — the Democratic National Committee sent requests for records under the Freedom of Information Act, to components of the Department of Justice concerning any planned seizure of ballots, voting machines and other voting systems components,” the DNC says in its complaint.“Nearly five months later, the DNC has received no responsive documents, not even a list of documents withheld under statutory exemptions,” the DNC says. “To ensure that the American people obtain timely knowledge of potential threats to free and fair elections and to enable the DNC to take appropriate action to ensure voting rights are protected, the DNC now seeks this court’s aid to enforce FOIA requirements.”The FBI acknowledged the request Feb. 18, then sent a letter on March 27 stating the request was administratively closed because it was “too vague” and thus it could not “reasonably locate records.”When the DNC contacted the FBI public liaison on March 31 to address the vagueness, the FBI “refused to engage in a cooperative process and advised that an administrative appeal was the only path forward.”On April 21, the DNC filed its appeal, but has received no further communications about the appeal’s status.The FBI’s raid on the Fulton County election office — where agents seized hundreds of thousands of ballots from the 2020 election in an apparent effort to prove President Donald Trump’s continued but unfounded claims that the county was in part responsible for his election defeat — marked an escalation in the Justice Department’s election-related conduct.Fulton County officials argued in court that the FBI did not provide adequate evidence to a magistrate judge to suggest there was probable cause of a crime when obtaining a warrant to conduct the search, and were ultimately successful in blocking subpoenas for the personal information of 2020 election workers.According to the DNC, the FBI has asserted the raid was necessary to obtain evidence of criminal violations of the National Voter Registration Act and the Civil Rights Act of 1960. The DNC highlighted the fact a federal judge in the Northern District of Georgia found the warrant “defective in some respects,” “troubling” and “far from perfect,” but ultimately concluded that seizing materials from an election from five years ago would have little impact on election integrity.However, the seizure of cast ballots or other voting systems components before an election’s certification would have significant impacts on election security, transparency and the ultimate validity of the election, the DNC says in its complaint, as it would make it impossible for election officials to certify results, harm voters’ First Amendment rights and violate the Civil Rights Act.The Justice Department has moved to force all 50 states and the District of Columbia into handing over their voter rolls — sparking multiple lawsuits over concerns of a national voter database and wrongful registration removals — in a supposed effort to identify and stamp out noncitizens voting.The effort included letters to officials across the country that they could face criminal charges for allowing noncitizens to remain on the lists of eligible voters, which the DNC argues are “preemptive threats” laying the groundwork for the seizure of election materials before the midterm election is certified.Further concerns stem from the Justice Department’s removal of longstanding guidance for sensitive prosecutions, the gutting of the Public Integrity Section and omissions in warrant applications and grand jury subpoenas, the DNC said, underscoring the need for the requested documents to be released.DNC Chair Ken Martin said in a statement announcing the lawsuit that it was necessary to halt Trump’s purported efforts to sow doubt in the coming midterm elections.“Donald Trump is historically unpopular and doing everything he can to subvert our elections this November — which is why we’re suing his administration once again,” Martin said. “In our ongoing fight to protect free and fair elections, the DNC is holding Trump and his cronies accountable for their continued threats to our democracy. Whether in court or at the ballot box, we will stand with voters and defend them from Trump’s attempts to suppress their voices.”The Justice Department did not respond to a request for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads