The petitioners—Fulton County officials—file an emergency motion under Federal Rule of Criminal Procedure 41(g) seeking the return of approximately 656 boxes of original 2020 election records seized by federal authorities, arguing that the seizure was unlawful and violated multiple constitutional and structural principles. They contend the search warrant was based on repeatedly debunked claims of voter fraud and relied on statutes that either only authorize inspection of records or are time-barred, making the seizure unreasonable under the Fourth Amendment. The motion also argues that removing sealed election records from the county clerk intrudes on Georgia’s constitutional authority to administer elections, thereby violating principles of state sovereignty and federalism. Additionally, the petitioners claim the seizure threatens voters’ First Amendment rights by potentially exposing sensitive voter information and creating a chilling effect on participation. They further assert that the federal government improperly used a criminal warrant to bypass ongoing civil litigation over the same records and that Fulton County, as the lawful custodian of the materials, is suffering ongoing harm because it cannot perform its statutory duties while the records remain in federal custody; accordingly, they request the immediate return of the original materials and access to the affidavit supporting the warrant.
