Typically, towns and cities in New Hampshire can begin shredding old paper ballots 22 months after an election. Just as that retention window was closing for the 2024 general election, though, the U.S. Department of Justice ordered state officials to continue to preserve the records.
In a letter dated September 4, an attorney from the Justice Department instructed New Hampshire Secretary of State David Scanlan to retain all hard copies of records, citing “ongoing litigation” against the state, without citing a case. The federal government does not spell out what the state is accused of, or if it will seek to physically review old ballots.
The letter comes on the heels of the federal government sending election monitors to New Hampshire this week to observe the state’s primary elections, and a lawsuit last year in which the Trump administration unsuccessfully sought confidential voter roll data. Despite repeated claims of election fraud, there is no evidence of widespread irregularities in New Hampshire elections.
On Thursday, Scanlan notified local election officials across the state via email that they should preserve all ballots and other records from 2024, rather than begin the process of shredding them, now that the 22-month window has closed.
In that email, Scanlan said that the federal government provided no "factual or legal basis” for the demand, and that the ballots remain confidential.
“This office will evaluate any demand to inspect or copy such records on a case-by-case basis when and if USDOJ makes a demand,” said Scanlan.
The New York Times reported Thursday that at least 30 states received similar instructions, which arrived just as the 22-month window from the 2024 election was set to expire.
In addition to preserving paper ballots, the demand from the federal government includes all electronic records that may relate to the 2024 general election. The letter cites potential violations of the federal Civil Rights Act, without citing any evidence.
Scanlan's letter to local officials stressed that there is no “basis for believing” New Hampshire may have violated any election laws. He also thanked election officials for their work on Tuesday during primary elections, where some communities saw large turnout with no reported issues.
