Fact Check: Federal law requires election officials to preserve records for 22 months.

Fact Check: Federal law requires election officials to preserve records for 22 months.

Published June 30, 2025
VERDICT
True

# Fact Check: "Federal law requires election officials to preserve records for 22 months." ## What We Know Federal law mandates that election officia...

Fact Check: "Federal law requires election officials to preserve records for 22 months."

What We Know

Federal law mandates that election officials preserve certain election-related records for a minimum of 22 months following an election. This requirement is outlined in Title 52 of the U.S. Code, specifically under Section 20701, which states that "each person or entity responsible for the administration of federal elections shall retain and preserve all records and papers related to such elections for a period of 22 months." This law applies to all federal elections, ensuring that records are available for audits, investigations, and other purposes.

Additionally, the Federal Election Commission emphasizes that while states have the authority to manage their own elections, they must comply with federal standards, including the preservation of election records. This federal requirement is crucial for maintaining transparency and accountability in the electoral process.

Analysis

The claim that federal law requires election officials to preserve records for 22 months is supported by clear statutory language found in the U.S. Code. The source, which is the official legal text, is highly reliable as it is the primary legislation governing federal elections. The law's intent is to ensure that all election-related documents are available for review, particularly in the event of disputes or audits.

Moreover, the Department of Justice has reiterated the importance of record preservation in the context of post-election audits, further validating the claim. This consistency across multiple authoritative sources strengthens the credibility of the assertion.

While some may argue about the effectiveness of record retention practices at the state level, the federal requirement itself is unambiguous. The law does not allow for states to opt out of this preservation requirement, thereby ensuring uniformity across the nation in how election records are handled.

Conclusion

The claim that "federal law requires election officials to preserve records for 22 months" is True. The statutory language in Title 52 of the U.S. Code explicitly mandates this retention period, and this requirement is reinforced by guidance from federal agencies. The clarity and authority of the legal text provide a strong basis for this conclusion.

Sources

  1. 52 USC 20701: Retention and preservation of records
  2. Federal Law Constraints on Post-Election "Audits"
  3. Overview of Federal Election Laws

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Fact Check: Federal law requires election officials to preserve records for 22 months. | TruthOrFake Blog