(e) Election officials must supervise storage Section 20701 requires that covered election documentation be retained either physically by election officials themselves, or under their direct administrative supervision. This is because the document retention requirements of this federal law place the retention and safekeeping duties squarely on the shoulders of election officers. An electoral jurisdiction, however, may validly determine that election records subject to Section 20701 would most efficiently be kept under the physical supervision of government officers other than election officers (e.g., motor vehicle departments and social service administrators). If an electoral jurisdiction makes such a determination, Section 20701 requires that administrative procedures be in place giving election officers ultimate management authority over the retention and security of those election records, including the right to physically access and dispose of them. The terms and conditions of storage also must conform to the retention requirements of the statute. 15. Section 20701 versus National Voter Registration Act The retention requirements of Section 20701 interface significantly with somewhat similar retention requirements of the NVRA, 52 U.S.C. § 20507(i). However, there are four major differences between these two provisions: • Section 20701 applies to all records generated by the election process, while Section 20507(i) applies only to registration records generated under the NVRA. • Section 20701’s retention period is twenty-two months while Section 20507(i)’s retention period is two years. • Section 20507(i) requires that, with certain exceptions, covered records also must be made available to the public for inspection for two years. 79

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