“active” one under local law and practice, and those records cannot be
disposed of until the expiration of twenty-two months following the
date on which the registration ceased to be “active.”
This statute must be interpreted in keeping with its
congressional objective: under Section 20701, all documents and
records that may be relevant to the detection or prosecution of federal
civil rights or election crimes must be maintained if the documents or
records were generated in connection with an election that included
one or more federal candidates.
(c) Section 20701 requires document preservation,
not document generation
Section 20701 does not require that states or localities produce
records in the course of their election processes. However, if a state or
locality chooses to create a record that pertains to voting, this statute
requires that record be retained if it relates to voting in an election
covered by the statute.
(d) Originals must be retained
Section 20701 further requires that the original documents be
retained, even in those jurisdictions that have the capability to reduce
original records to digitized replicas. This is because handwriting
analysis may be difficult to perform on digitized reproductions of
signatures, and because the legislative purpose advanced by this
statute is to preserve election records for their evidentiary value in
criminal and civil rights lawsuits. Therefore, in states and localities
that employ new digitization technology to archive election forms that
were originally manually subscribed by voters, Section 20701 requires
that the originals be maintained for the requisite twenty-two month
period.
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