Fulton County asks federal judge to return 2020 election records seized by FBI
Fulton County officials moved Wednesday to regain control of thousands of 2020 election records seized by federal agents last week. An emergency motion has been filed in federal court as county leaders warn the investigation could have sweeping implications for elections nationwide.
County Commission Chairman Robb Pitts said during a Wednesday morning news conference at the Fulton County Government Center that the county has formally asked a federal judge to order the return of election materials taken last week during an FBI search of the county's elections headquarters in Union City.
"This is a serious case," Pitts said. "Our Constitution is at stake in this fight. The Constitution is the law of the land. It is not a suggestion."
Fulton County filed the motion shortly before 9 a.m. under Rule 41(g) of the Federal Rules of Criminal Procedure, seeking the return of original 2020 ballots and related records seized during the execution of a federal search warrant. The motion also asks the court to block the federal government from reviewing or using the materials while the case is pending and to place the matter on an expedited schedule.
"I committed to the voters of Fulton County and the world, for that matter, that we will use every resource at our disposal to fight for their vote and that we will fight, are using our resources against those who seek to take over our elections," Pitts said.
The filing remains under seal, and Pitts said he could not discuss its contents. However, he confirmed the county is also requesting that the affidavit used to justify the search warrant be unsealed.
Federal agents seized approximately 656 boxes of election materials, according to the county. A warrant cover sheet provided to Fulton County shows agents were seeking ballots from the 2020 general election, tabulator tapes, electronic ballot images, and voter rolls.
Pitts said county officials were given no advance notice of the search and were not provided copies of the records taken.
"They showed up and took the boxes they wanted," Pitts said. "We don't even have copies of what they took. We don't know where they are or who has them, and that's a problem."
County leaders stressed that the seizure does not reflect wrongdoing by election officials. Pitts said he has no concerns about arrests and defended the county's elections staff.
"We're simply doing our job," he said. "I have not done anything that would warrant an arrest, and I'm not aware of anyone in our elections department who has either."
In a candid, unscripted comment, Pitts described receiving a phone call from an unnamed source, telling him, "You guys can't relax" and "Arrests are coming." This signals what could be an escalating conflict between Fulton County and the Trump administration.
Commissioner Marvin Arrington, whose district includes the elections headquarters, said he pushed for the emergency filing to move quickly.
"Justice delayed is justice denied," Arrington said in a statement. "Actions like this mass seizure risk sowing seeds of distrust in the election process."
Pitts said the case extends far beyond Fulton County. He described the county as a national focal point because of the scrutiny surrounding the 2020 election. He mentioned that Fulton County's results have been reviewed, audited, and hand-recounted multiple times, with no change to the outcome.
Since 2020, Pitts said, Fulton County has successfully conducted 17 elections without issue and remains focused on administering free and fair elections in 2026.
"Our elections department is doing exactly what the law requires," Pitts said. "We must be able to do that without interference or the threat of a federal takeover."
Pitts said the county has enlisted outside legal experts to assist in the case and pledged to keep the public informed as the court process moves forward.