Legal fight escalates over Georgia voting records as Trump says he wants to ‘take over’ elections

ATLANTA (AP) — Officials in Georgia's Fulton County said Wednesday they have asked a federal court to order the FBI to return ballots and other documents from the 2020 election that it seized last week, escalating a voting battle as President Donald Trump says he wants to “take over” elections from Democratic-run areas with the November midterms on the horizon.

The FBI had searched a warehouse near Atlanta where those records were stored, a move taken after Trump's persistent demands for retribution over claims, without evidence, that fraud cost him victory in Georgia. Trump's election comment came in an interview Monday with a conservative podcaster and the Republican president reaffirmed his position in Oval Office remarks the next day, citing f raud allegations that numerous audits, investigations and courts have debunked.

Officials in heavily Democratic Fulton County referenced those statements in announcing their legal action at a time of increasing anxiety over Trump's plans for the fall elections that will determine control of Congress.

“This case is not only about Fulton County,” said the county chairman, Robb Pitts. “This is about elections across Georgia and across the nation.”

In a sign of that broader concern, U.S. Sen. Mark Warner, D-Va., said this week that he once doubted Trump would intervene in the midterms but now “the notional idea that he will ask his loyalists to do something inappropriate, beyond the Constitution, scares the heck out of me.”

The White House has scoffed at such fears, noting that Trump did not intervene in the 2025 off-year elections despite some Democratic predictions he would. But the president's party usually loses ground in midterm elections and Trump has already tried to tilt the fall races in his direction.

During an interview with NBC News that aired Wednesday, the president said he will trust Republican losses in the midterms “if the results are honest.” It's a strategy Trump has regularly used ahead of elections, suggesting that a loss would only be due to some type of fraud.

Democratic state election officials have reacted to Trump’s statements, the seizure of the Georgia election materials and his aggressive deployment of federal officers into Democratic-leaning cities by planning for a wide range of possible scenarios this fall. That includes how they would respond if Immigration and Customs Enforcement officers were stationed outside polling places.

They also have raised concerns about U.S. Department of Justice lawsuits, mostly targeting Democratic states, seeking detailed voter data that includes dates of birth and partial Social Security numbers. Secretaries of state have raised concerns that the administration is building a database it can use to potentially disenfranchise voters in future elections.

Trump and his allies have long fixated on Fulton County, Georgia’s most populous, since he narrowly lost the state to Democrat Joe Biden in 2020. In the weeks after that election, Trump called Georgia's secretary of state, Republican Brad Raffensperger, urged him to help “find” the 11,780 ballots that would enable Trump to be declared the Georgia winner of the state and raised the prospect of a “criminal offense” if the official failed to comply.

Raffensperger did not change the vote tally, and Biden won Georgia's 16 electoral votes. Days later, rioters swarmed the U.S. Capitol on Jan. 6, 2021, and tried to prevent the official certification of Biden's victory. When Trump returned to the presidency in January 2025, he pardoned more than 1,000 charged in that siege.

“The president himself and his allies, they refuse to accept the fact that they lost,” Pitts said. “And even if he had won Georgia, he would still have lost the presidency.”

Pitts defended the county’s election practices and said Fulton has conducted 17 elections since 2020 without any issues.

A warrant cover sheet provided to the county includes a list of items that the agents were seeking related to the 2020 general election: all ballots, tabulator tapes from the scanners that tally the votes, electronic ballot images created when the ballots were counted and then recounted, and all voter rolls.

The FBI drove away with hundreds of boxes of ballots and other documents. County officials say they were not told why the federal government wanted the documents.

The county is also asking the court to unseal the sworn statement from a law enforcement agent that was presented to the judge who approved the search warrant.

The Justice Department declined to comment on the county's motion.

“What they’re doing with the ballots that they have now, we don’t know, but if they’re counted fairly and honestly, the results will be the same,” Pitts said.

Tulsi Gabbard, Trump's director of national intelligence, was at the Fulton search last week, and Democrats in Congress have questioned the propriety of her presence because the search was a law enforcement, not intelligence, action.

In a letter to top Democrats on the House and Senate Intelligence committees Monday, Gabbard said Trump asked her to be there “under my broad statutory authority to coordinate, integrate, and analyze intelligence related to election security.”

During the NBC News interview, Trump said he didn't know why Gabbard was in Fulton County, but suggested without providing evidence that other countries were meddling in elections: “A lot of the cheating, it’s international cheating.”

White House spokeswoman Karoline Leavitt said Tuesday that the president's “take over” remarks, which included a vague reference to “15 places” that should be targeted, were a reference to the SAVE Act, legislation that would tighten proof of citizenship requirements. Republicans want to bring it up for a vote in Congress.

But in his remarks that day, Trump did not cite the proposal. Instead, he claimed that Democratic-controlled places such as Atlanta, which falls mainly in Fulton County, have “horrible corruption on elections. And the federal government should not allow that.”

The Constitution vests states with the ability to administer elections. Congress can add rules for federal races. One of Trump's earliest second-term actions was an executive order that tried to rewrite voting rules nationwide. Judges have largely blocked it because it violates the Constitution.

Trump contended that states were “agents of the federal government to count the votes. If they can't count the votes legally and honestly, then somebody else should take over.”

Sen. Thom Tillis, R-N.C., said Wednesday said he supported the SAVE Act but not Trump's desire for a federal takeover. “Nationalizing elections and picking 15 states seems a little off strategy,” Tillis told reporters.

Associated Press video journalist Nathan Ellgren in Washington contributed to this report.

Riccardi reported from Denver.

President Donald Trump speaks to reporters after signing a spending bill that ends a partial shutdown of the federal government in the Oval Office of the White House, Tuesday, Feb. 3, 2026, in Washington. (AP Photo/Alex Brandon)

The Fulton County Election Hub and Operation Center, is seen Wednesday, Jan. 28, 2026, in Union City, Ga, near Atlanta, as FBI agents search at the main election facility. (AP Photo/Mike Stewart)

FBI Deputy Director Andrew Bailey, right, stands with members of the FBI at the Fulton County Elction HUB, Wednesday, Jan. 28, 2026, in Union City, Ga., near Atlanta. (AP Photo/Mike Stewart)

Georgia General Election 2020 ballots are loaded by the FBI onto trucks at the Fulton County Election HUB, Wednesday, Jan. 28, 2026, in Union City, Ga., near Atlanta. (AP Photo/Mike Stewart)

ATLANTA (AP) — The Georgia General Assembly ended its annual session early Friday without a plan for new equipment to overhaul the state's voting system by a July deadline, plunging into doubt the future of elections in the political battleground.

The lawmakers' failure to offer a solution after months of debate raises uncertainty about how Georgians will vote in November and leaves confusion that could end in the courts or a special legislative session.

“They’ve abdicated their responsibility,” Democratic state Rep. Saira Draper said of inaction by Republicans who control the legislature.

Currently, voters make their choices on Dominion Voting machines, which then print ballots with a QR code that scanners read to tally votes. Those machines have been repeatedly targeted by President Donald Trump following his 2020 election loss, and Trump’s Georgia supporters responded by enacting a law in 2024 that bans using barcodes to count votes.

But state law still requires counties to use the machines. No money has been allocated to reprogram them, and lawmakers failed to agree on a replacement.

“We’ll have an unresolvable statutory conflict come July 1,” said House Governmental Affairs Committee Chairman Victor Anderson, a Cornelia Republican who backed a proposal to keep using the machines in 2026 that Senate Republicans declined to consider.

Republican House Speaker Jon Burns said he would meet with Gov. Brian Kemp and “take his temperature” on the possibility of a special session.

Kemp spokesperson Carter Chapman said he Republican governor will examine the situation.

“We’ll analyze all bills, as well as the consequence of those that did not pass,” Chapman said Friday.

House Republicans and Democrats backed Anderson's plan, which would have required that Georgia choose a voting process that didn't use QR codes by 2028. Election officials preferred that solution.

“The Senate has shown that they’re not responsible actors,” Draper said. She added that Lt. Gov. Burt Jones, a Trump-endorsed Republican running for governor, seemed more interested in keeping Trump's backing than “doing right by Georgia voters.”

A spokesperson for Jones didn't immediately respond to a request for comment early Friday.

Joseph Kirk, Bartow County election supervisor and president of the Georgia Association of Voter Registration and Election Officials, said he’ll look to the secretary of state for guidance and assumes a judge will rule to instruct election officials how to proceed.

“This is uncharted territory,” he said.

Robert Sinners, a spokesperson for Republican Secretary of State Brad Raffensperger, who is also running for governor, said officials are “ready to follow the law and follow the Constitution.”

Burns told reporters that his chamber was seeking to minimize changes this year.

“You can’t change horses in the middle of the stream,” Burns said.

Anderson said without action, the state could be required to use hand-marked and hand-counted paper ballots in November.

Election officials say switching to a new system within just a few months, as advocated by some Republicans, would be nearly impossible.

“They made no way for this to happen except putting a deadline on it," Cherokee County elections director Anne Dover said of the switch away from barcodes. Dover said one problem under some plans is that a very large number of ballots would have to be printed.

Lawmakers seemed more concerned about scoring political points than making practical plans, Paulding County Election Supervisor Deidre Holden said.

“If anyone is resilient and can get the job done, it’s all of us election officials, but the legislators need to work with us, and they need to understand what we do before they go making laws that are basically unachievable for us,” Holden said.

Supporters of hand-marked paper ballots say voters are more likely to trust in an accurate count if they can see what gets read by the scanner.

Right-wing election activists lobbied lawmakers for an immediate switch to hand-marked paper ballots, but the House turned away from a Senate proposal to do so.

Anderson said he wasn’t sure if a special session could escape those political crosswinds, but said Georgia lawmakers must fix the problem.

“This is a legislative problem,” Anderson said. “It’s a legislative solution that has to happen.”

FILE - Voting machines are seen at the Bartow County Election office, Jan. 25, 2024, in Cartersville, Ga. (AP Photo/Mike Stewart, File)