on behalf of a federal candidate or political party. For
example, this provision would prohibit any person from
raising money by claiming that he or she represented
federal candidate A, when, in fact, the person had no such
authority.
14. Retention of Federal Election Records: 52 U.S.C.
§ 20701
The detection, investigation, and proof of election crimes – and
in many instances Voting Rights Act violations – often depend on
documentation generated during the voter registration, voting,
tabulation, and election certification processes. In recognition of this
fact, and the length of time it can take for credible evidence suggesting
election fraud or voting rights violations to develop, Congress
enacted Section 20701 to require that documentation generated in
connection with the voting and registration process be retained for
twenty-two months if it pertained to an election that included a
federal candidate. Absent this statute, the disposition of election
documentation would be subject solely to state law, which in virtually
all states permits its destruction within a few months after the election
is certified.
Section 20701 provides for criminal misdemeanor penalties for
any election officer who willfully fails to retain records covered by
the statute. Section 20702 provides similar criminal penalties for
election officers or other persons who willfully steal, destroy, or alter
covered records. 35 In addition to these criminal penalties, the reach of
this statute to specific categories of election documentation is critical
to both prosecutors and election administrators, who must often
35
Election administrators, document custodians, or other persons who willfully
violate Section 20701 or Section 20702 are subject to imprisonment for up to one year.
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