Summary: David Becker warns that recent federal moves — an unprecedented presidential executive order (blocked by courts), DOJ requests for extensive voter data, and the dismantling of federal cybersecurity support — are troubling to election officials and risk undermining trust in U.S. elections. He emphasizes that about 98% of voters use paper ballots and that 2020 results (including multiple counts in Georgia) were repeatedly verified. Becker also flagged unanswered questions about the Fulton County search warrant, the presence of the Director of National Intelligence, and possible statute-of-limitations issues.
Becker on Election Oversight: Courts, DOJ Actions, Paper Ballots, and Questions About Fulton County
Note: This is a cleaned and edited transcript of David Becker's interview on "Face the Nation with Margaret Brennan," which aired Feb. 8, 2026.
MARGARET BRENNAN: Joining us now is David Becker, Executive Director of the Center for Election Innovation and Research and a CBS News election law contributor. Good to have you back, David.
DAVID BECKER: Thank you, Margaret. Good to be here.
Federal Actions, Courts, and Election Officials' Concerns
MARGARET BRENNAN: Senator Warner and others say President Trump may be laying groundwork to undermine upcoming elections. The President has tweeted that U.S. elections are "rigged," "stolen," and a global embarrassment. Are both parties eroding confidence in elections, and what are election officials telling you?
DAVID BECKER: It's hard to predict how this will unfold, but we can look at what's already happened. The President issued an unprecedented executive order on elections that three federal courts have enjoined. The Department of Justice has sought highly sensitive voter data covering hundreds of millions of Americans and has sued 24 states plus the District of Columbia; a couple of federal courts recently denied DOJ access in some cases and others remain pending. At the same time, federal cybersecurity support that had been available to election officials has been dismantled. When I talk to election administrators, they're deeply concerned. This level of federal involvement in state-run elections is without modern precedent.
MARGARET BRENNAN: The Constitution assigns states the authority to run elections, correct?
DAVID BECKER: Correct. Article I, Section 4 gives states that role; the framers intentionally limited unilateral executive control over elections. Courts remain a vital check on any executive overreach unless Congress legislates otherwise.
Claims About Voting Technology and Verification
MARGARET BRENNAN: A White House video that included a racist segment also made claims about election software and alleged anomalies — for example, that counting stopped in key states at certain times in 2025. Can you fact-check those claims?
DAVID BECKER: That pattern — tossing many allegations out to see what sticks — is a common disinformation tactic. Much of the video's content was false or misleading. In the U.S., paper ballots are the norm: about 98% of voters use paper ballots, which allow post-election checks against machine tallies. Georgia's 2020 ballots were counted multiple times, including a full hand count. Over five million ballots were recounted and observed by both parties; the 2020 election was highly scrutinized, and when results were challenged in court the work of election officials repeatedly held up. Our systems are as transparent and verifiable as they have been.
Fulton County Search Warrant: Outstanding Questions
MARGARET BRENNAN: We have body-camera footage of FBI agents removing ballots from a Fulton County election warehouse. Why were the ballots taken, and why was the Director of National Intelligence present?
DAVID BECKER: Those are key unanswered questions. There was no proven crime in 2020; ballots have been counted and reviewed multiple times. The certified result in Georgia in 2020 showed Joe Biden winning by 11,779 votes; in 2024 Donald Trump carried the state. Independent post-election reviews — including the Maricopa County review — confirmed original outcomes. The body-cam footage of the Fulton County search revealed procedural issues: an incorrect warrant address that required correction and other apparent defects. There is also a statute-of-limitations concern: the federal statutes cited in the warrant have five-year limits that appear to have expired for the alleged offenses. Finally, the presence of a high-level political appointee like the Director of National Intelligence at a local election-site search raises serious questions about optics and justification. Explanations from officials have shifted and remain unclear.
Bottom Line
DAVID BECKER: Courts and constitutional limits are the principal safeguards against executive overreach in elections. Election officials are worried about rhetoric and federal actions that could undermine public confidence. At the same time, independent verification and legal review have repeatedly affirmed certified election results.
MARGARET BRENNAN: Our review finds at least nine senior Trump-administration officials publicly questioned the validity of the 2020 election; that count doesn't include the President. David Becker, thank you.
DAVID BECKER: Thank you, Margaret.
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