A federal judge in Georgia has denied Fulton County’s motion seeking the return of ballots and other election-related materials from the 2020 election that were seized by the FBI earlier this year. The decision was issued by U.S. District Judge Jean-Paul Boulee on May 6, 2026.
The FBI executed a court-authorized search warrant at a Fulton County elections office, confiscating physical ballots, vote-tabulating machine tapes, ballot images, and voter rolls linked to the 2020 election. Fulton County, which includes Atlanta and is a Democratic stronghold, played a critical role in President Joe Biden’s narrow 2020 victory in Georgia.
Judge Boulee acknowledged that the affidavit supporting the search warrant contained misleading statements and omitted information regarding ballot mechanisms, labeling the document “defective in some respects.” Despite these imperfections, the judge determined that the affidavit did not exhibit a “callous disregard” for Fulton County’s rights and rejected claims of intentional deception.
Fulton County argued that the seizure violated its 10th Amendment rights related to election administration and that the warrant was obtained in bad faith. Both arguments were rejected by the court. The judge also found the county’s claims of irreparable harm insufficient to warrant the return of the materials at this stage.
The FBI’s investigation centers on potential violations of federal laws against voter intimidation, election fraud, and requirements to preserve federal election records for 22 months. Fulton County’s attorneys contended that the statute of limitations had expired, but Judge Boulee noted that witness testimony in the affidavit accused the alteration of ballot images as recently as 2024, supporting the ongoing nature of the inquiry.
At a March hearing, defense attorneys highlighted alleged inaccuracies and omitted details in the affidavit, describing its content as recycling debunked claims from years prior. The Justice Department countered that while the affidavit was imperfect, these flaws did not undermine probable cause for the search. Federal prosecutors also acknowledged that the investigation might not result in charges.
The origins of the investigation involve a referral from Kurt Olsen, a former attorney linked to efforts to challenge the 2020 election results, who the FBI describes as a “Presidentially appointed Director of Election Security and Integrity.” The Department of Justice revealed that Olsen’s referral prompted an FBI investigation beginning in early January 2026.
In a related development, Fulton County officials recently sought to block a separate Justice Department subpoena requiring personal information on thousands of individuals involved in administering the 2020 election. That subpoena was issued by federal prosecutors in North Carolina and remains under dispute.
Why it matters
The legal battle over the seized election materials underscores continuing national scrutiny of the 2020 election’s integrity years after its conclusion. The court’s ruling affirms the Justice Department’s authority to investigate election-related records despite contested affidavits and constitutional challenges. The case reflects ongoing tensions between federal election oversight and state election administration autonomy.
Background
Following the 2020 presidential election, numerous audits and recounts confirmed President Biden’s victory in Georgia, including multiple checks in Fulton County. However, former President Trump and allies repeatedly alleged election fraud without evidence. This investigation is part of broader federal efforts to examine alleged election violations and record-keeping practices. The FBI’s seizure of over 630 boxes of election materials and related legal disputes represent unprecedented developments in how election security cases are handled post-election.
Sources
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