Judges may face unprecedented decisions this election. A new guide seeks to help

Stay up to date with our Politics newsletter, sent weekly.The idea of federal law enforcement seizing ballots in the middle of an active election would have once been considered impossible.Now, as President Trump continues his unprecedented hunt for voter fraud, ballot seizures and search warrants are scenarios voting officials and the legal community are actively preparing for.One state election official, who did not have permission to speak publicly, told NPR their office has led three separate statewide trainings this year to prepare for the possibility of law enforcement seeking to take possession of ballots or election materials while the election is ongoing.And UCLA's Safeguarding Democracy Project released a guide Wednesday, shared first with NPR, to help judges navigate search warrant affidavits related to the voting process."Lots of things that were off the table are now on the table," said Rick Hasen, the director of the Safeguarding Democracy Project, and the guide's lead author.Trump has said he regrets not pushing harder for the federal government to seize election equipment after the 2020 election.Already this year, two different search warrants, executed in Fulton County, Ga., and Riverside County, Calif., involved the seizure of ballots.All that has voting officials preparing for different worst case scenarios this fall."This is the thing we really fear," the state voting official, whose state has conducted the trainings, said in a previous interview with NPR.

"[Say] we have really close races [in our competitive districts] then the DOJ, FBI come knocking on one of our county doors and they say, 'We believe there's hijinks going on, we're going to confiscate all the ballots so we can count them.'"If a warrant were served and ballots were seized before an election is certified, it's possible voting officials wouldn't be able to confidently know how many ballots were returned, or whether the ones that were seized were tampered with.In elections, this ...

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Publisher: NPR News

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