Multiple news outlets reported on May 6, 2026, that a U.S. District Judge, J.P. Boulee, denied Fulton County's request for the return of hundreds of boxes of 2020 election ballots seized by the FBI earlier this year. The FBI's seizure of over 600 boxes of original 2020 ballots and other records from Fulton County's election center in January was part of a criminal investigation into potential violations concerning election record retention and voter fraud.
The judge's ruling, spanning 68 pages, acknowledged that the FBI's affidavit used to secure the search warrant had flaws and contained "troubling" omissions and misleading statements, particularly regarding the final ballot count. However, Boulee concluded that these shortcomings did not meet the legal standard of "callous disregard" for Fulton County's constitutional rights, which would be required to compel the return of the seized materials. He also noted that the county failed to demonstrate irreparable harm and had not shown that the materials were compromised or that ballot secrecy was violated.
The investigation was initiated following a referral from Kurt Olsen, a lawyer who assisted in efforts to overturn the 2020 election and now serves as Trump's Director of Election Security and Integrity. While the Justice Department has not identified individual targets and prosecutors have acknowledged that the statute of limitations may have expired on the investigated crimes, the judge rejected Fulton County's argument that the statute of limitations had run out. This decision allows the FBI to retain the ballots as the probe continues, even as the investigation faces significant hurdles.
Separately, Fulton County filed a motion on April 28, 2026, to quash a grand jury subpoena obtained by the Justice Department for the names and contact information of Fulton County election workers and volunteers from the 2020 election. The county argued the subpoena was overbroad and intended to harass. However, the provided search results do not indicate that a judge has rejected this specific DOJ subpoena; they only discuss the judge's ruling on the return of the seized ballots.
