NAACP asks judge to protect against 'misuse' of voter data seized by FBI in Georgia's Fulton County

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ATLANTA (AP) — The NAACP and other organizations are asking a judge to protect personal voter information that was seized by the FBI from an elections warehouse just outside Atlanta.

Georgia residents entrusted the state with their “sensitive personal information” when they registered to vote, and the Jan. 28 seizure of ballots and other election documents from the Fulton County elections hub “breached that guarantee, infringed constitutional protections of privacy, and interfered with the right to vote,” the organizations said in a motion filed late Sunday.

The motion asks the judge to “order reasonable limits on the government’s use of the seized data” and to prohibit the government from using the data for purposes other than the criminal investigation cited in the search warrant affidavit. That includes prohibiting any efforts to use it for voter roll maintenance, election administration or immigration enforcement.

They also want the judge to order that the government disclose an inventory of all documents and records seized, the identity of anyone who has accessed the records outside of those involved in the criminal investigation, any copying of the records and all efforts to secure the information.

The Department of Justice did not immediately respond Monday to a request for comment on the motion.

FBI agents arrived at the elections hub just south of Atlanta with a search warrant seeking documents related to the 2020 election in Fulton County, including: all ballots, tabulator tapes from the scanners that tally the votes, electronic ballot images created when the ballots were counted and then recounted, and all voter rolls. The county has filed a motion seeking the return of the seized materials.

President Donald Trump has fixated on Fulton, a Democratic stronghold and the most populous county in the state, asserting without evidence that widespread voter fraud there cost him victory in Georgia in 2020.

An FBI agent’s affidavit presented to a magistrate judge to obtain the search warrant says the criminal investigation began with a referral from Kurt Olsen, who advised Trump as he tried to overturn his 2020 election loss and now serves as Trump’s “director of election security and integrity” with a mission to investigate Trump’s loss.

The motion was filed by the Lawyers' Committee for Civil Rights Under Law on behalf of the NAACP, Georgia and Atlanta NAACP organizations, and the Georgia Coalition for the Peoples Agenda. It notes that the seizure happened as the Justice Department has been seeking unredacted state voter registration rolls.

The Justice Department has sued at least 23 states and the District of Columbia to try to get them to hand over detailed voter information. The agency has said it is seeking the data as part of an effort to ensure election security, but Democratic officials and other critics worry that federal officials want to use the sensitive data for other purposes. Federal courts in several states have rejected the Justice Department’s attempts to get the records.

“These repeated efforts to access 2020 election records, including by the entity that now has custody of them, heightens concerns about the privacy and security of sensitive voter data and exacerbates the chill on voting rights,” the motion says.