dudmuck
Diamond Member
Federal law designates election officials as the custodians of “all records and papers which come into [their] possession relating to any application, registration, payment of poll tax, or other act requisite to voting” (52 U.S.C. § 20701). Election officials must “preserve and maintain” these records for 22 months (52 U.S.C. § 20701). The Department of Justice has advised that election-related records must remain under election officials’ supervision, thereby limiting conditions under which others may be granted access. Separately, California state law designates “election officials” as responsible for “keep[ing]” and “preserv[ing]” election records, including voted ballots (Cal. Elec. Code § 17302), voter rosters (Cal. Elec. Code § 17300), and certain voter registration materials (Cal. Elec. Code § 17001).What law is that?
State and federal law may limit or establish access conditions to the information that local California election officials are required to or prohibited from providing to federal officials. For example, 52 U.S.C. § 20703 requires custodians to make election records “available for inspection, reproduction, and copying at the principal office of such custodian” but only if the Attorney makes a demand “in writing… [that includes] a statement of the basis and the purpose therefor.” Some state and local entities are currently in discussions with the DOJ regarding the bounds of what data they are either obligated to or prohibited from providing. The department has filed at least one civil lawsuit against a local election official in California, and has filed a civil lawsuit against the California secretary of state.