Fulton County Short by Over Forty (40) Boxes According to Affidavit; County Requests Court to Order DOJ Return Evidence
Last month, the FBI executed a search warrant in Fulton County to take possession of election records that were retained under a court-ordered injunction. The Gateway Pundit reported on the contents outlined in the search warrant, including all physical ballots, all tabulator tapes, all ballot images, and all voter rolls for the 2020 election.
Several of those items will be difficult to produce according to previous responses to open records requests lawfully seeking them. For example, Fulton County only provided 9 of 148 tabulator zero tapes for advance voting tabulators, despite repeated attempts to compel them to provide more.
Fulton County provided tabulator almost all of the closing tapes for advance voting, which show the total votes cast and the results for each specific tabulator. Georgia rules and regulations require those tapes be signed by the precinct manager and two witnesses; however, none of the required signatures were present on each tape.
The advance voting tabulators were instead brought back to the county's election warehouse where each memory card was removed from the 148 tabulators and then "closed out" on 16 separate tabulators, as reported by The Gateway Pundit.
"All ballot images produced during the original ballot count beginning on November 3, 2020" will also prove difficult to produce. During a Request for Admissions conducted on behalf of plaintiffs in Curling v. Raffensperger, Fulton County admitted that they failed to preserve "the majority of ballot images from in-person voting."
Last week, Fulton County officials filed an emergency motion in federal court asking to have the election materials seized during the FBI's search to be returned to Fulton County.
Fulton County filed the motion under Rule 41(g) of the Federal Rules of Criminal Procedure which states, "A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return." The FBI search warrant was signed by a federal magistrate judge.
According to Georgia State Election Board Vice Chair, Dr. Jan Johnston, "too many questions" remained unanswered. In a post to X, Dr. Johnston stated:
DO NOT RETURN FULTON COUNTY BALLOTS AND ELECTION DOCUMENTS TO FULTON COUNTY UNTIL THEY HAVE ALL BEEN COPIED, REVIEWED, AND INVESTIGATED.
Dr. Johnston and fellow chairwoman Salleigh Grubbs were not permitted access to oversee the search, while Chairman Rob Pitts and Commissioners Dana Barrett, Mo Ivory, and Marvin Arrington were permitted inside the building.
In a separate post on X, Dr. Johnston wrote:
"Commissioners are not in charge of elections...or are they?? Fulton County Commissioners were inside restricted areas of the Election Records warehouse while the FBI was trying to conduct a criminal search warrant. Why did they bar state officials from entering? Were the Commissioners trying to interfere with or obstruct an FBI investigation?
What were the Commissioners doing? Were they handling election records or ballots? There were supposed to be 700 boxes of election documents. Where are the 50 missing boxes? There was no documentation of who was entering or exiting through back doors of restricted areas."
Director of the Department of Registrations and Elections (DRE), Nadine Williams, stated in an affidavit that, "Fulton County's 2020 election materials are stored in over 700 boxes, each of which must be opened, searched, and sorted systematically to locate the majority of the documents requested in the subpoenas," in the lawsuit Sherri Allen v. State of Georgia.
But according to Dr. Johnston and media reports, only 656 boxes were taken, leaving speculation to the location of the remainder of the "over 700 boxes" DRE Williams stated in her affidavit.
Thank you @DNIGabbard and Thank you @AGPamBondi !!
DO NOT RETURN FULTON COUNTY BALLOTS AND ELECTION DOCUMENTS TO FULTON COUNTY UNTIL THEY HAVE ALL BEEN COPIED, REVIEWED AND INVESTIGATED
TOO MANY QUESTIONS TO ANSWER
MISSING BALLOT BOX TABULATOR TAPES
UNSIGNED, NON-CERTIFIED… pic.twitter.com/kgYqYhvz3M— Dr. Jan-Election Advocate (@Election_Adv) February 9, 2026
The Gateway Pundit is reviewing the rest of the filings regarding the motion and will update when complete.
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