Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Notes of Decisions
Banfield, Aplts. v. Sec'y of the Com, 110 A.3d 155 (Pa. 2015).
“See 52 U.S.C. § 20701 (requiring federal election officers to retain and preserve for twenty-two months all records and papers related to the vote in a federal election).”
Proj. Vote, Inc. v. Kemp, 208 F. Supp. 3d 1320 (N.D. Ga. 2016).
“§ 1974 was recodified as 52 U.S.C. § 20701 . . On September 1,,2014, 42 U.”
True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014).
“§ 1974 will be recodified as 52 U.S.C. § 20701 ; 42 U.S.C. § 1974b will be recodified as 52 U.”
Michael Lindell v. United States, 82 F.4th 614 (8th Cir. 2023).
“See 52 U.S.C. § 20701 (mandating the preservation of election data for 22 months after an election).”
USA ex rel. Danilo Feliciano v. Robert Ardoin (ORDER), 127 F.4th 382 (D.C. Cir. 2025).
“Appellant does not argue that there is a private right of action under either of those criminal-law provisions, and he instead maintains that he seeks to bring these claims as a “private attorney general.” Appellant fails, however, to identify any authority under which…”
Thompson (D. Nev. 2026).
· cites it 7× “1 order compelling the Secretary of State to preserve all records under 52 U.S.C. § 20701 ,” and a 2 “[r]eferral of Ott and all involved state officials to appropriate disciplinary boards, the U.”
People v. Peters (Colo. Ct. App. 2026).
· cites it 5× “The People do not contest that she was the Mesa County Clerk and Recorder, and they appear to concede that Peters had a statutory duty to preserve records 30 involving federal elections under 52 U.S.C. § 20701 . Thus, whether Peters enjoys immunity is a question of law.”
Pirtle v. Nago (D. Haw. 2022).
· cites it 3× “In that regard, he 4 bases “jurisdiction” on 52 U.S.C. § 20701 , which sets forth certain requirements for retention and preservation of records and papers by officers of elections.”
Soudelier v. Ofc of the Secy of State (5th Cir. 2023).
· cites it 2× “His complaint cites 52 U.S.C. § 20701 , which provides that “[e]very officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for” various federal offices, including the…”
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