Georgia Fulton County 2020 Election Records Seizure Challenge
Pitts v. United States of America
A pro-voting lawsuit seeking the return of 2020 election records seized by the FBI in Fulton County, Georgia.
Background
Fulton County officials filed an emergency motion in federal court seeking the return of approximately 656 boxes of original 2020 election records seized by the FBI. The petitioners — Fulton County Commission Chair Robb Pitts and the county Board of Registration and Elections — argue that the seizure was unlawful and showed a “callous disregard” for the Fourth Amendment, state sovereignty, and privacy rights under the First Amendment. According to the motion, the U.S. Department of Justice (DOJ) lacked a valid legal basis to seize the records because the search warrant relied on repeatedly debunked claims of voter fraud and federal statutes whose record-retention requirements and statutes of limitations had already expired. Petitioners are asking the court to order the immediate return of the election records, prohibit the DOJ from reviewing any copies of the seized materials pending resolution of the case, and unseal the warrant affidavit and all other evidence necessary to decide the motion.
Why It Matters
Fulton County has been at the center of numerous debunked claims of voter fraud in the 2020 election pushed by President Donald Trump and his supporters. The FBI’s unprecedented seizure of 2020 election ballots in the county in January 2026 has further inflamed fears of federal interference in the upcoming 2026 midterm elections. The raid comes amid an ongoing federal probe of the 2020 election in Georgia, directed by Trump. In December, the DOJ sued Fulton County for access to ballots and other election records from the 2020 presidential vote.
Latest Updates
- April 13, 2026: The court denied Fulton County’s motion to compel production of additional evidence. However, Fulton County can gather additional evidence on its own and submit it for the court’s consideration by April 27.
- April 3, 2026: DOJ filed its opposition to Fulton County’s motion for additional evidence.
- March 30, 2026: Fulton County filed a post-hearing motion for additional evidence, arguing there is strong reason to suspect that the DOJ used the search warrant as an improper means to expedite access to the 2020 election records that it was already pursuing through civil litigation in the Alexander case.
- March 27, 2026: Evidentiary hearing was held.
- March 26, 2026: The court granted the DOJ’s motion to quash the subpoena for the testimony of Special Agent Evans.
- March 20, 2026: The court denied the DOJ’s motion to vacate the evidentiary hearing.
- March 17, 2026: The parties notified the court that mediation failed.
- Feb. 25, 2026: The court canceled the Feb. 27 evidentiary hearing and ordered the parties to mediation.
- Feb. 23, 2026: The Fulton clerk of court, Che Alexander, filed a motion to join the case. The judge granted the motion.
- Feb. 20, 2026: DOJ filed its response to Fulton County’s amended motion and a motion to vacate the evidentiary hearing.
- Feb. 17, 2026: Fulton County filed its amended motion.
- Feb. 10, 2026: The FBI’s search warrant affidavit was unsealed.
- Feb. 7, 2026: A federal judge ordered the clerk to unseal the docket for this case and further ordered the FBI search warrant affidavit to be unsealed by close of business on Tuesday, Feb. 10.
- Feb. 5 2026: Petitioners filed their emergency motions.