Canvass and certification are familiar ground. What’s different this year is the attention on election records retention: a federal executive order, preservation letters from the Justice Department, and states responding in different ways. Here’s what’s changed and what’s worth confirming now.
In brief
- In September, the Justice Department directed officials in 29 states and DC to keep 2024 election records. A follow-up letter on Oct 29 reminded officials of the 22-month requirement and the penalties for willful noncompliance.
- An executive order includes a “should” five-year retention line for voter-participation records. Litigation has centered on other provisions.
- A legal hold can extend retention past your schedule. Your attorney decides its scope.
What does the canvass add to the record?
Deadlines vary by state, and certification remains a mandatory duty that officials or courts can compel, according to the Brennan Center’s certification guide. Wherever the canvass is a public meeting, the notice, agenda, minutes, and signed certificates become part of the election record you’ll be retaining.
How long do election records have to be kept?
The federal baseline is 22 months after a federal election under 52 U.S.C. § 20701. The National Voter Registration Act separately requires at least two years for voter registration and list maintenance records. States add their own rules. California, for example, keeps voter participation records, such as rosters of who voted, for up to five years, according to Votebeat.
For the November 2024 general election, the 22-month window ran out in early September 2026.
What’s different in 2026?
An executive order. Executive Order 14399, “Ensuring Citizenship Verification and Integrity in Federal Elections,” was signed March 31. Its enforcement section says states and localities “should” preserve records of voter participation, such as ballot envelopes, for five years. It excludes ballots cast. Because the wording is “should,” observers disagree about its practical weight. Litigation has centered on other provisions, such as the Postal Service’s mail-ballot rule.
Preservation letters. In early September, the Justice Department sent letters to 29 states and DC directing election officials to preserve 2024 election records, the Associated Press reported. Civil Rights Division head Harmeet Dhillon said the letters were meant to ensure records tied to lawsuits seeking states’ voter registration lists aren’t destroyed, calling it “standard litigation practice.”
States responded in different ways. NHPR reported that New Hampshire’s Secretary of State told local officials to keep their 2024 ballots and records, while stating that the federal letter gave no factual or legal basis for the demand. Minnesota’s office said it would comply, while noting the request goes beyond the 22-month federal requirement. The AP also reported that some election officials have raised concerns about conflicts with state privacy laws.
A follow-up letter. On Oct 29, the department sent another round of letters, signed by acting Deputy Attorney General Trent McCotter, that Votebeat reported appear to have gone to all 50 states. They remind officials of the 22-month requirement under Section 20701 and note that willful noncompliance is punishable by up to a year in prison and a $1,000 fine. Connecticut’s Secretary of State told Votebeat her office complies with the law as a matter of course.
How does a legal hold relate to your retention schedule?
A hold pauses destruction even after the retention period ends. The Texas State Library and Archives Commission lists common triggers, including litigation, audits, open records requests, and administrative reviews, and advises consulting counsel on any litigation hold notice. Texas is one state’s example. Your state archives may have its own guidance.
What’s worth confirming now?
This is general information, not legal advice. Your municipal attorney and state elections office can confirm specifics.
- Custodian. Which office holds each category of 2024 election records: yours, the county’s, or a state-designated custodian.
- Scheduled destruction. Any 2024 election materials with upcoming disposal dates. Ask before anything is destroyed.
- Guidance. Whether your state has issued hold instructions, and how they’re reaching local offices.
- Hold process. Who can start and release a hold, with disposal logged and signed off. Texas’s archives recommend disposition logs with sign-off from counsel and management.
- Outside requests. Route any demand to inspect or copy election records through your attorney first.
The core practice hasn’t changed: document what you did, keep what’s required, and ask before you destroy.