Georgia ballots counted three times, confirming Biden's 2020 victory
Georgia counted ballots three times, each confirming Biden won the 2020 election.
Event / Politics
Federal judge rules Justice Department can retain election ballots and materials seized by FBI from Fulton County, Georgia in January. Judge found warrant procedures were defective but did not require return of materials. Fulton County appeals decision.
2026-08-18 to 2026-11-15 · UTC publication dates
Coverage begins 7 May, 14:37 UTC
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The Justice Department obtained a grand jury subpoena seeking the names and personal contact information of Fulton County employees and volunteers involved in the 2020 presidential election. Fulton County filed a motion to quash the subpoena on Monday, arguing it is overly broad and intended to harass the president's political opponents.
Georgia's votes in the 2020 presidential race were counted three times, including once by hand. Each count affirmed Democrat Joe Biden's victory in the state.
The FBI seized election materials from Fulton County, Georgia's most populous county and heavily Democratic area including much of Atlanta. The Justice Department stated it is investigating alleged irregularities during the 2020 presidential election in the county and identified potential violations of two laws: one requiring election records be maintained for 22 months and another prohibiting procurement, casting, or tabulation of false or fraudulent ballots. The seizure focused on purported issues including missing ballot images and duplicate ballots.
Fulton County Board of Commissioners Chair Robb Pitts stated that the county intends to pursue all available legal options in response to the judge's ruling. Pitts agreed with the court's findings that the FBI warrant was defective and problematic but strongly disagreed with the denial of the county's request for the FBI to return the election records seized on January 28. The county can appeal the ruling to the 11th U.S. Circuit Court of Appeals.
U.S. District Judge J.P. Boulee ruled that the federal government does not have to return more than 600 boxes of 2020 general election ballots that the FBI seized on January 28 from an elections hub in Fulton County, Georgia. The judge found that Fulton County failed to establish that its constitutional rights were "callously disregarded" through lack of probable cause or improper execution of the seizure. The judge also determined the county failed to demonstrate it needs the documents or would be irreparably harmed without them, noting the Justice Department provided copies to the county.
The Trump administration has taken steps to obtain past election records from critical swing states beyond Georgia. The FBI used a subpoena in March to obtain records related to a 2020 presidential election audit in Maricopa County, Arizona. In April, the Justice Department demanded that Michigan's Wayne County turn over its 2024 election ballots. The Justice Department is also fighting numerous states in court for access to voter data containing sensitive personal information.
In his 68-page ruling, U.S. District Judge J.P. Boulee acknowledged that the seizure was "certainly not perfect" and that the affidavit supporting the FBI warrant was "defective in some respects" with statements that were "troubling." The judge noted the events leading up to the case were "unprecedented" in multiple ways. However, he concluded that these shortcomings did not amount to callous disregard of constitutional rights.
Georgia counted ballots three times, each confirming Biden won the 2020 election.
DOJ subpoenas election workers' personal information in widening 2020 election investigation.
Federal judge upholds DOJ retention of seized 2020 ballots despite acknowledging defective warrant procedures.