Federal Election Records Compliance Case
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kmonclaFederal Election Records Compliance Case
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kmonclaCase 1:25-mi-99999-UNA Document 4965 Filed 12/11/25 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
THE UNITED STATES OF
AMERICA,
Plaintiff,
COMPLAINT
v.
CHÉ ALEXANDER, Clerk of Courts
for Fulton County
Defendant.
COMPLAINT
INTRODUCTION
1. Title III of the Civil Rights Act of 1960 (“CRA”) imposes a “sweeping”
obligation on election officials, Kennedy v. Lynd, 306 F.2d 222, 226 (5th Cir. 1962),
to “retain and preserve … all records and papers which come into [their] possession
relating to any application, registration, payment of poll tax, or other act requisite to
voting in such election,” 52 U.S.C. § 20701 (emphasis added).
2. Title III likewise grants the Attorney General the sweeping power to
obtain these records: “Any record or paper required by [section 301] to be retained
and preserved shall, upon demand in writing by the Attorney General or [her]
representative directed to the person having custody, possession, or control of such
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record or paper, be made available for inspection, reproduction, and copying at the
principal office of such custodian by the Attorney General or [her] representative….”
52 U.S.C. § 20703. The written demand “shall contain a statement of the basis and
the purpose therefor.” Id.
3. If the custodian to whom the written demand is made refuses to
comply, the CRA requires “a special statutory proceeding in which the courts play
a limited, albeit vital, role” in assisting the Attorney General’s investigative powers.
Lynd, 306 F.2d at 225. The Attorney General or her representative may request a
federal court to issue an order directing the custodian to produce the demanded
records, akin to “a traditional order to show cause, or to produce in aid of an order
of an administrative agency.” Id.
4. In this “summary” proceeding, In re Gordon, 218 F. Supp. 826, 826-
27 (S.D. Miss. 1963), the Attorney General need only show that she made a “written
demand” for records covered by Section 301 of the CRA and that “the person
against whom an order for production is sought … has failed or refused to make
such papers ‘available for inspection, reproduction, and copying,’” Lynd, 306 F.2d
at 226 (quoting 52 U.S.C. § 20703). The court does not adjudicate “the factual
foundation for, or the sufficiency of, the Attorney General’s ‘statement of the basis
and the purpose’ contained in the written demand” or “the scope of the order to
produce.” Lynd, 306 F.2d at 226 (quoting 52 U.S.C. § 20703).
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I. JURISDICTION AND VENUE
5. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331,
1345, and 2201(a); and 52 U.S.C. § 20705.
6. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because
a substantial part of the events or omissions giving rise to the United States’ claims
occurred in this District, and the Defendant is located in and conducts either election
administration activities or election documentation custodial activities in this
District and Division.
II. PARTIES
7. Plaintiff is the Attorney General of the United States. The Attorney
General has authority to enforce various federal election statutes, including the CRA,
see 52 U.S.C. § 20703; the National Voter Registration Act (“NVRA”), id.
§ 20510(a); and Title III of the Help America Vote Act (“HAVA”), id. § 21111.
8. Defendant Che Alexander is sued in her official capacity as the person
“having custody, possession or control of such record or paper” under the CRA. 52
U.S.C. § 20703. Defendant is sued in her official capacity only.
9. Defendant Alexander serves as the Fulton County Clerk of Courts
(“Fulton Clerk”).
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BACKGROUND
10. This proceeding arises from the Attorney General’s investigation into
Fulton County’s compliance with federal election law, particularly the NVRA and
HAVA.
11. Both the NVRA and HAVA require election officials to maintain and
preserve certain records and papers that fall within the scope of Section 301 of Title
III of the CRA.
The Civil Rights Act
12. Congress empowered the Attorney General to request records pursuant
to Title III of the CRA, codified at 52 U.S.C. § 20701, et seq.
13. Section 301 of the CRA requires state and local officials to retain and
preserve records related to voter registration and other acts requisite to voting for
any federal office for a period of twenty-two months after any federal general,
special or primary election. See 52 U.S.C. § 20701, et seq.
14. Section 303 of the CRA provides, in pertinent part, “[a]ny record or
paper required by Section 20701 of this title to be retained and preserved shall, upon
demand in writing by the Attorney General or his representative directed to the
person having custody, possession, or control of such record or paper, be made
available for inspection, reproduction, and copying at the principal office of such
custodian by the Attorney General or his representative….” 52 U.S.C. § 20703.
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FACTUAL ALLEGATIONS
15. On July 30, 2025, the State Election Board of Georgia passed a
resolution calling upon the assistance of the Attorney General to effect compliance
with voting transparency.
16. On October 30, 2025, the Attorney General sent a demand letter
(“October 30 Letter”) to the Fulton County Board of Registration and Elections
(“The Fulton Board”) demanding “all records in your possession responsive to the
recent subpoena issued to your office by the State Election Board.”
17. The subpoena, dated October 6, 2025, requested all used and void
ballots, stubs of all ballots, signature envelopes, and corresponding envelope digital
files from the 2020 General Election in Fulton County.
18. The October 30 Letter requested these records pursuant to the Attorney
General’s authority under 52 U.S.C. § 20701.
19. The October 30 Letter identified the purpose of this request as
ascertaining Georgia’s compliance with various federal election laws. The Attorney
General also seeks to assist the State Election Board (“State Board”) in their
transparency efforts under Georgia law.
20. The October 30 Letter specifically cited transparency concerns as a
basis for the request. The October 30 Letter cited a November 7, 2024 letter from
the State Board to the Fulton Board asserting “unexplained anomalies in vote
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tabulation and storage related to the 2020 election.” On November 14, 2025, the
Fulton Board sent a response letter (“November 14 Letter”). In the November 14
Letter, the Fulton Board replied that “the physical ballots, stubs, and absentee ballot
envelopes for the 2020 General Election remain in the Fulton County Superior Court
Clerk’s possession and under seal in accordance with O.C.G.A. § 21-2-500.”
21. The November 14 Letter further cited and attached a letter from the
Fulton Clerk to the State Board dated October 21, 2025 (“Fulton Clerk Letter”).
22. In the Fulton Clerk Letter, the Fulton Clerk stated that “the records
sought are under seal and may not be produced absent a Court Order.”
23. On November 21, 2025, the Attorney General sent a letter to the Fulton
Clerk (“November 21 Letter”) requesting the documents on the same grounds. That
letter restated the Attorney General’s request under the same authorities and
purposes. The October 30 Letter and November 14 Letter were attached for
reference.
24. As of the filing of this Complaint, the Fulton Clerk has failed to respond
to the Attorney General.
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COUNT ONE
VIOLATION OF THE CIVIL RIGHTS ACT OF 1960, 52 U.S.C. § 20703
25. On November 21, 2025, the Attorney General sent a written demand to
the Fulton Clerk for the production of specific election records pursuant to 52 U.S.C.
§ 20703.
26. The written demand “contain[ed] a statement of the basis and the
purpose therefor.” 52 U.S.C. § 20703.
27. As of the filing of this Complaint, the Attorney General has received no
response from the Fulton Clerk.
Wherefore, the United States respectfully requests this Court:
A. Declare that Defendant’s refusal to provide the election records upon a
demand by the Attorney General violates Title III of the Civil Rights Act
as required by 52 U.S.C. § 20703;
B. Order Defendant to provide to the Attorney General the records requested
within 5 days of a Court order.
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DATED: December 11, 2025 Respectfully submitted,
HARMEET K. DHILLON
Assistant Attorney General
Civil Rights Division
ERIC V. NEFF
Acting Chief, Voting Section
Civil Rights Division
CA Bar No. 289367
/s/ Brittany E. Bennett
Brittany Bennett
Trial Attorney, Voting Section
GA Bar No. 717377
U.S. Department of Justice
4 Constitution Square
150 M Street NE, Room 8.141
Washington, D.C. 20002
Telephone: (202) 307-2767
Email: [Link]@[Link]
[Link]@[Link]
Common questions
Powered by AIThe subpoena issued on October 6, 2025, serves as a legal mechanism to compel the Fulton County Board of Registration and Elections to produce specific election records, including ballots and envelope files, from the 2020 General Election. It represents an official request tied to legal accountability and transparency standards. This subpoena underpins the Attorney General's subsequent demand for records and is central to examining compliance with both state and federal mandates concerning election documentation .
The complaint filed against Che Alexander, the Clerk of Courts for Fulton County, is an exercise of the Attorney General's enforcement powers under federal election statutes such as the Civil Rights Act, the National Voter Registration Act, and the Help America Vote Act. The Attorney General made a written demand for election records from Ms. Alexander pursuant to these laws to ensure compliance with federal mandates on election transparency and record preservation. The complaint indicates Alexander's non-compliance with these demands and seeks the court's intervention to obtain the necessary records .
The complaint details the obligation under Section 301 of the Civil Rights Act for local and state election officials to retain voting-related records for 22 months following a federal election. The Attorney General’s investigation into Fulton County involves demanding these records to ensure compliance with the National Voter Registration Act and the Help America Vote Act, thereby emphasizing the federal mandates for preserving the integrity of election records .
Judicial intervention in this case could lead to a reaffirmation of the importance of adhering to election record preservation laws, setting a precedent for similar future instances. It would establish a clearer pathway for enforcing compliance, potentially strengthening the integrity and transparency of election processes. A court order might also compel other jurisdictions to review their compliance and transparency measures, thus fostering a culture of accountability across multiple government levels in handling electoral documentation .
The collaboration between the Attorney General and the State Election Board is crucial in enforcing the federal election laws. The Attorney General acts partly in response to the State Election Board's resolution calling for federal assistance in ensuring compliance with transparency requirements. This cooperative effort is meant to address identified anomalies and reinforce statutory compliance, thus driving the Attorney General's demands for federal compliance and record inspection .
The case against Che Alexander underscores the mechanisms of enforcing the Civil Rights Act concerning election records. It highlights how federal authorities, specifically the Attorney General, leverage statutory duties imposed by the Act to ensure election transparency and accountability at the local level. The complaint and subsequent judicial engagement illustrate the Act's role in curbing non-compliance and reinforce the obligatory nature of maintaining accessible election records, which is vital for public trust in election outcomes .
When custodians refuse to comply with the Attorney General's demands for election records under Title III of the Civil Rights Act, a special statutory proceeding can be initiated. The courts play a crucial though limited role by assisting the Attorney General through issuing an order directing the custodian to produce the records. The Attorney General must demonstrate that a written demand was made and not complied with, but the court does not evaluate the factual sufficiency of the Attorney General’s purpose for the demand .
Title III of the Civil Rights Act of 1960 obligates election officials to retain and preserve all records and papers related to voting, including those concerning registration, voting applications, and poll tax payments. It grants the Attorney General the authority to request and obtain access to these records upon written demand, stating the basis and purpose for the request. The law also allows the Attorney General to seek the aid of federal courts to enforce compliance if an official refuses to produce the demanded records .
The refusal of the Fulton Clerk to provide election records as demanded by the Attorney General raises significant concerns about election transparency. The complaint indicates that federal transparency laws may not be adhered to, potentially undermining public trust in electoral processes. The Attorney General seeks the court's assistance to compel compliance and address transparency issues highlighted by prior anomalies in vote tabulation and record-keeping referenced in communication between state and county offices .
The complaint notes that the Attorney General did not receive a response from the Fulton Clerk to the demand for election records. Previously, the Fulton Board indicated that these records remained sealed under the custody of the Fulton Clerk, citing legal constraints that prevent their release absent a court order, suggesting a legal impasse in how the records are sought and managed under state and federal laws .
