On Wednesday, the Justice Department issued a second warning for states who are considering auditing 2020 elections. It highlighted federal laws that such efforts could violate.The new guidance states that DOJ is concerned about some jurisdictions performing [audits] that may use or propose to use procedures that could violate the Civil Rights Act. This Act requires that election officials keep and preserve federal election materials for 22-months after an election.Although the guidance does not specifically mention Arizona, the Justice Department raised concerns in May that the Republican-led Senate of the state was at risk from violating the act through its audit. The state Senate subpoenaed Maricopa County's largest ballots and gave them to Cyber Ninjas, an outside contractor whose CEO promoted conspiracy theories about election fraud. The audit is ongoing.Pro-Trump politicians from several states have called for their own audits since May's DOJ warning regarding the Arizona audit. On Wednesday, a DOJ official stated that the new guidance was meant to inform not only Arizona but all jurisdictions that they must comply with federal law if they want to conduct these so-called audits.A DOJ official refused to answer questions regarding whether the department would take action on the Arizona audit, or other states trying to follow the same path. He said that they couldn't comment on ongoing investigations.Official said that the guidance is a sign that the Justice Department is concerned.The guidance, like the May letter warns against voter intimidation. Cyber Ninjas initially planned to knock on the doors of voters to verify that they had voted and reside at the correct address. This plan was abandoned by the Arizona Senate after receiving DOJ's letter.DOJ made it clear Wednesday that it believes the Arizona Senate, Cyber Ninjas and any other contractors involved in future audits are responsible for maintaining and retaining ballots. It also warned of a significant chance of election materials being lost, stolen or altered by individuals not under their control. The risk is magnified if election records are handed to private parties who do not have the necessary expertise or experience in handling such records, according to the guidance.It is a federal crime for willfully failing to comply with retention and preservation requirements. Anyone found guilty could face a fine of up $1000 or imprisonment of up one year.The Arizona audit led Democratic Secretary of State Katie Hobbs to consult with the Department of Homeland Security. She determined that Maricopa County's election machines could no longer be used due to concerns over chain of custody. The audit was highly criticized by the majority-Republican county board. They voted earlier this month for $2.8 million to replace the machines.
