A federal judge on Wednesday refused to order the Justice Department to return ballots seized from Fulton County, Georgia, dealing a setback to local officials challenging a sweeping 2020 election probe.
U.S. District Judge J.P. Boulee said Fulton County failed to meet the high legal standard required for the court to intervene, even while acknowledging that “events leading up to this case are, in a variety of ways, unprecedented.”
The dispute stems from the federal government’s seizure of ballots and hundreds of boxes of election materials from the Atlanta-area county, which had been a focal point of fraud claims following Donald Trump’s 2020 loss. The move rattled election officials and came as federal authorities ramp up involvement in election-related matters ahead of the 2026 midterms.
Fulton County filed its request shortly after the FBI carried out the late-January search, arguing the warrant was flawed. County attorneys claimed investigators relied on allegations that had already been examined by other authorities, who found no intentional wrongdoing, and failed to fully disclose those findings to the magistrate judge who approved the search.
In a 68-page ruling, Boulee acknowledged issues with the government’s affidavit, describing parts of it as “problematic,” “troubling,” and in one case “misleading.”
Still, he concluded the flaws did not rise to the level required to invalidate the search.
“While the Affidavit was certainly far from perfect, this is not a situation where an officer left out all the facts that might undermine probable cause or where an officer intentionally lied,” Boulee wrote.
The judge also dismissed the county’s argument that it needed the original materials to comply with public records laws and respond to ongoing fraud claims. He noted that federal authorities have already provided copies of the seized records.
Fulton County Commission Chairman Robb Pitts pushed back on the decision, signaling the legal fight is far from over.
“Our fight has exposed the flawed affidavit and suspicious timeline of federal actions,” Pitts said. “We will continue, as always, to stand by our election workers and the voters of Fulton County. We intend to vigorously pursue all available legal options.”
In its filings, the county warned the case could set a precedent for federal authorities to seize ballots during an active election cycle, particularly with the 2026 midterms approaching.
Boulee addressed that concern in a footnote, suggesting the outcome might differ under those circumstances.
“Importantly, the seizure at issue in this case did not interfere with the State’s ability to conduct the 2020 election or certify election results, nor have Petitioners shown that it will hinder the State’s ability to conduct future elections,” he wrote.
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