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· Politics & Accountability · Philadelphia, Pennsylvania

Justice Department warns election officials of prosecution as courts push back days before midterms

By True News staff · Published October 31, 2026 · Published after an automated review found no concerns; the editor can correct or remove it · 32 reader visits

Illustrative file photo: campus ballot drop box. Not taken at the events in this story. CC BY 2.0: https://creativecommons.org/licenses/by/2.0/ · Source: https://www.flickr.com/photos/54458860@N00/2960566450
Illustrative file photo: campus ballot drop box. Not taken at the events in this story. CC BY 2.0: creativecommons.org (link) · Source: flickr.com (link) Photo: functoruser (flickr), CC BY 2.0 Tap to enlarge.

Days before the midterm elections, the U.S. Justice Department warned state election officials across the country that failing to keep election records could lead to criminal charges, while federal judges ruled against the Trump administration in several election disputes, Spotlight PA and the Pennsylvania Capital-Star reported.

Spotlight PA, publishing reporting from Votebeat, said the warning letters carry an Oct. 29 date and the signature of Trent McCotter, who is serving as the department's acting second-in-command. People familiar with the mailing said every state appears to have received one. The letters point to a 1960 law requiring that ballots, voter rolls and related materials be preserved for 22 months following a federal election. Willful violations carry a possible sentence of up to one year and a $1,000 fine, the letters state, though none cites a particular violation or open investigation.

Justin Levitt, who worked at the Justice Department and advised President Joe Biden on voting rights, told Votebeat the letters seemed "meant to intimidate rather than to inform." The department had not responded to questions about the timing, the outlet said.

The mailing came shortly after U.S. District Judge David O. Carter in California turned down a federal bid to force the state to hold back roughly 20,000 ballots from voters the administration labels suspected noncitizens. State and county officials challenged the accuracy of that list, saying citizens were on it. "These threats must stop," Carter wrote, according to Spotlight PA. The Capital-Star reported that the department is appealing and that Los Angeles County revealed it had been served with federal grand jury subpoenas seeking election records.

In the nation's capital, U.S. District Judge James Boasberg gave the department until midday Friday to list each state it has asked, since July 1, to separate out ballots, according to the Capital-Star. Democratic congressional leaders and other plaintiffs brought that suit, alleging a campaign to pressure election officials.

The Capital-Star also said a federal appeals panel seemed doubtful about an administration request to loosen restrictions on Homeland Security field work tied to elections. A lower court has barred such activity that might ensnare U.S. citizens in nine states, Pennsylvania among them, through the close of voting.

In Philadelphia, 6abc reported the district attorney's office will send out 50 prosecutors on Tuesday as part of its Election Task Force and staff a hotline for reports of trouble. Federal monitors from the Justice Department are also expected in the city, which local officials said is not unusual. Assistant District Attorney Brian Collins told the station the goal is to ensure "everyone gets a chance to vote."

Under Pennsylvania rules, anyone already waiting in line when polls close at 8 p.m. will still be allowed to vote, 6abc noted.

Compiled by True News from reporting by CBS Philadelphia, 6abc Action News, Spotlight PA and Pennsylvania Capital-Star. Each outlet's original story is linked below.

Originally published by True News: https://truenews.bagleyenterprises.net/stories/622

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