Fulton County demands return of election material taken during FBI raid

Fulton County, Georgia officials are taking to the courts to demand the return of 2020 election materials seized during a Federal Bureau of Investigations raid at the end of January.

Federal investigators arrived at the Fulton County Elections Hub and Operations Center in Union City, southwest of Atlanta, on Jan. 28 and collected more than 600 boxes of materials.

Local officials said materials included physical ballots, voter rolls and photos of ballots from the 2020 election.

On Monday, Fulton County Commissioner Marvin Arrington, Jr. announced his intention to file a motion challenging the legality of the search and seizure.

The motion was filed just before 9 a.m. on Feb. 4, according to his office.

Fulton County elections FBI raid: What's in the motion?

"This morning's filing could not have come fast enough; justice delayed is justice denied," Arrington said in a statement shared with USA Today. "The people of Fulton County deserve justice now, and that's why I pushed so hard to get this motion filed as soon as possible."

The motion — currently under seal — "challenges the legality and scope of the federal seizure and asks the court to restore the records to their lawful Georgia custodian," according to the commissioner.

The motion is filed under the Federal Rules of Criminal Procedure 41(g), related to the return of items that have been taken during an unlawful search. If the motion is granted, the FBI would be required to return the election materials to the stewardship of Fulton County, but under conditions that "protect access to the property and its use in later proceedings," according to Cornell Law.

"I am happy that we have finally filed this motion," Arrington said. "Last week I asked the county attorney to take any and all steps available to fight this criminal search warrant. Actions like this mass seizure risk sowing seeds of distrust in the election process."

Lawmakers ask for answers

Many lawmakers, in Georgia and across the nation, have criticized the raid as indicative of interference in the 2026 midterms. Others have said the raid will finally shed light on the election denial claims perpetuated by President Trump.

On Feb. 3, U.S. Representative Lucy McBath and Nikema Williams of Georgia, and U.S. Senator Raphael Warnock of Georgia wrote a letter to Attorney General Pam Bondi to "ring alarm on voting rights" following the election raid.

"We are deeply concerned that President Trump's consistent spreading of misinformation and dangerous conspiracy theories about the 2020 election fundamentally undermines the electoral process, endangers election workers, and erodes public trust in our democracy. This unprecedented seizure only heightens those concerns," the lawmakers wrote. "Given these concerns, we request that your office provide an immediate briefing to our offices concerning this activity and its related investigation."

The results of the 2020 election in Georgia have long plagued the president, despite it being deemed "accurate and secure" by former Attorney General William Barr, a Trump appointee.

The raids could also play a part in the Georgia's governor's race, as Secretary of State Brad Raffensperger (who oversaw the election in Georgia) now makes his gubernatorial bid. Raffensperger has repeatedly assured the validity of the 2020 election.

Irene Wright is the Atlanta Connect reporter with USA Today’s Deep South Connect team. Find her on X @IreneEWright or email her at [email protected].