The retention requirements of Section 20701 are aimed
specifically at election administrators. In a parochial sense, these
laws place criminally sanctionable duties on election officials.
However, in a broader sense, this federal retention law assists election
administrators in performing the tasks of managing elections and
determining winners of elective contests. It does this by requiring
election managers to focus appropriate attention on the types of
election records under their supervision and control that may be
needed to resolve challenges to the election process, and by requiring
that they take appropriate steps to ensure that those records will be
preserved intact until such time as they may become needed to
resolve legitimate questions that frequently arise involving the
election process.
(b) The basic requirements of Section 20701
Section 20701 requires that election administrators preserve for
twenty-two months “all records and papers” that come into their
possession relating to any “application, registration, payment of poll
tax, or other act requisite to voting.” This retention requirement
applies to all elections in which a candidate for federal office was on the
ballot, that is, a candidate for the United States Senate, the United States
House of Representatives, President or Vice President of the United
States, or presidential elector. Retention and disposition of records in
elections with no federal candidate on the ballot (including elections
for state and local bond issues, initiatives, referenda and the like) are
governed by state law. Section 20701 does not apply to records
generated in connection with purely local or state elections.
However, Section 20701 does apply to all records generated in
connection with the process of registering voters and maintaining
current electoral rolls. This is because voter registration in virtually all
United States jurisdictions is “unitary” in the sense that a potential voter
registers only once to become eligible to vote for both local and federal
candidates. See United States v. Cianciulli, 482 F. Supp. 585, 617
(E.D. Pa. 1979). Thus, registration records must be preserved as long
as the voter registration to which they pertain is considered an
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