Federal law requires election records to be retained for 22 months.
Posted by Badlands Media, Checked
- Sources
- 4 support1 context
- Said
- 1 time·
- Confidence
- 95%
Badlands MediaSep 16, 2026
The claim that federal law requires election records to be retained for 22 months is directly confirmed by the U.S. Code text of 52 U.S.C. § 20701, the DOJ's own guidance, the EAC overview, and CRS. The claim matches the passage's question-and-answer exchange ('What's the record retention requirement for under federal law?
What was said
… They don't have anything they're really able to get. And so, how many investigations and prosecutions have resulted after all of this noise? Again, zero. Not one election official. Not one legitimate. Ash, what's the record retention requirement for under federal law? 22 months. How long has it been since the 2020 election? More than 22 months. The only reason Fulton County they had to get a warrant was because Fulton County was ordered to retain those records well beyond the records retention date. …
Badlands Media · · from the transcriptPost →What we found
Supports. 52 U.S.C. § 20701 requires every officer of election to retain and preserve election records for twenty-two months from the date of federal elections.[2]
Supports. The EAC's overview of federal election laws states that 52 U.S.C. 20701 requires election officials to keep records relating to acts requisite to voting for 22 months.[3]
Supports. The DOJ's 2026 guidance and its letters to all 50 states restate the federal 22-month retention obligation under the Civil Rights Act of 1960.[1][4]
Context. The CRS notes that the 2026 executive order sets a separate five-year preservation period for certain participation records, and that states may impose longer requirements; this does not contradict the federal 22-month rule.[5]
Sources
5 sources: 1 fact-checker, 4 primary
- 1Judge bars federal government from trying to separate ballotsapnews.com · fact-checker · cited for: supports
- 252 U.S.C. § 20701: Retention and preservation of records and ...uscode.house.gov · primary source · cited for: supports
- 3Overview of Federal Election Lawseac.gov · primary source · cited for: supports
- 4Justice Department Issues Guidance on Federal Statutes Regarding Voting Methods and Post-Election "Audits": Audit Guidancejustice.gov · primary source · cited for: supports
- 5State and Local Role in Elections Policy: Selected Recent ...congress.gov · primary source · cited for: context
Where this claim was made
Said in 1 published post
Related claims
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