The Department of Justice has instructed election officials in 29 states and the District of Columbia to preserve 2024 election records as it seeks access to detailed voter registration data. One letter told Utah Lt. Gov. Deidre Henderson she is "under investigation," prompting concern among state officials. DOJ says preservation notices are standard litigation practice, but state officials warn of privacy conflicts and fear the data could be repurposed to check citizenship. Courts have repeatedly rejected some DOJ requests, and the department may appeal.
DOJ Orders 29 States And D.C. To Preserve 2024 Voter Records As It Seeks Detailed Voter Data
A sign directs voters to an entrance for City Hall during early voting for the Rhode Island primary election, Wednesday, Sept. 2, 2026, in Providence, R.I. (AP Photo/David Goldman)(AP Photo/David Goldman)
WASHINGTON — The Department of Justice has sent preservation notices to election officials in 29 states and the District of Columbia, directing them to retain records from the 2024 election as the department pursues access to detailed voter registration data.
The letters, dispatched to jurisdictions where the DOJ has filed lawsuits, instruct officials not to destroy hard-copy documents or electronically stored information related to voter rolls. The records sought include names, addresses, dates of birth, driver’s license numbers and partial Social Security numbers.
In a copy of one letter obtained by The Associated Press, a DOJ official told Utah Lt. Gov. Deidre Henderson that she is “under investigation” and is subject to ongoing litigation over the state’s refusal to provide a statewide voter registration list. The department declined to provide further detail on the nature of the investigation.
Absentee voting instructions for mail-in ballots are seen at the Wake County Board of Elections on Thursday, Sept. 3, 2026, in Raleigh, N.C. (AP Photo/Matt Ramey)(AP Photo/Matt Ramey)
"The purpose of this letter is to notify you of your obligations to take reasonable steps to conduct a litigation hold and preserve and retain all hard copy documents and electronically stored information," wrote Eric Neff, acting chief of the Civil Rights Division's Voting Section.
The letters warn that failure to preserve relevant data could be considered spoliation of evidence and may expose officials to civil or criminal penalties.
On social media, Harmeet Dhillon said the preservation requests are routine litigation practice intended to ensure records related to the lawsuits are not destroyed. "This is standard litigation practice, not a 'threat,'" she wrote.
Henderson said her office received the letter and called the phrasing that she was "under investigation" unexpected. She said her office understands the need to retain records during active litigation but criticized what she described as repeated and unwarranted attacks on state election administrators.
Absentee ballots ready to be packed into envelopes sit in a bin at the Wake County Board of Elections on Thursday, Sept. 3, 2026, in Raleigh, N.C. (AP Photo/Matt Ramey)(AP Photo/Matt Ramey)
Other states, including Arizona and Minnesota, confirmed they received similar notices. Calli Jones, a spokesperson for Arizona's secretary of state, said, "Our office will follow the law," and called any implication that officials are not complying with legal duties disrespectful to election administrators. A Minnesota spokesperson noted the DOJ request goes beyond the federal minimum requirement that states retain election records for 22 months after an election.
The preservation demands could precede further efforts by the DOJ to obtain voter files as part of an inquiry into potential fraud. The FBI has previously collected records or election equipment tied to the 2020 or 2024 contests from large counties in battleground states such as Arizona, Georgia and Michigan, though officials did not publicly specify the precise focus of those searches.
Federal officials say the voter data is needed to verify compliance with federal laws governing voter registration lists. State election administrators and privacy advocates have raised concerns that the requests may conflict with state privacy laws and worry the information could be repurposed — for example, to search for potential noncitizen registrants. In one instance, a DOJ attorney acknowledged seeking unredacted voter-roll information so it could be shared with the Department of Homeland Security for citizenship checks.
A large box of pre-assembled mail-in ballots at the Wake County Board of Elections on Thursday, Sept. 3, 2026, in Raleigh, N.C. (AP Photo/Matt Ramey)(AP Photo/Matt Ramey)
Judges have dismissed multiple DOJ lawsuits seeking unfettered access to state voter files, and Justice Department officials have indicated the administration may appeal the issue to higher courts, potentially up to the U.S. Supreme Court.
The notices arrive amid renewed administration focus on the potential for voter fraud, particularly voting by noncitizens. Election experts say incidents of voter fraud and noncitizen voting can occur and are prosecutable, but they are rare and there is no evidence of widespread fraud affecting recent U.S. elections.
Earlier this year, President Trump issued an executive order that would have created a federal voter list and expanded the U.S. Postal Service's role in election operations — a measure critics say could limit mail voting — and which is now the subject of legal challenge. The president has also urged Congress to pass legislation requiring proof of citizenship to register to vote.
Reporting: Kelety from Phoenix
Help us improve.
