Other items subpoenaed include forensic images taken from election management servers, routers, computers, and removable media such as USB sticks or external hard drives, as well as the names and addresses of the voters, as well as the dates and times they voted.
Brandtjen could not be reached by phone on Friday.
On July 28, the US Department of Justice issued a guidance document warning against election audits that require election officials to hand over materials, including ballots or voting machines, to third parties or to state legislators.
In the document, the DOJ interprets the Civil Rights Act of 1960 – which governs certain federal election records and requires state and local election officials to retain poll records for at least 22 months after an election – to mean that those records ” must be kept physically by election officials themselves, or under their direct administrative supervision.
“Election audits are extremely rare,” the document says. “But the ministry is concerned that some jurisdictions that conduct them will use or propose to use procedures that risk violating civil rights law.”
“In addition, when election records are no longer under the control of election officials, it can lead to a significant risk of loss, theft, modification, compromise or destruction of records,” says the DOJ. “This risk is exacerbated if electoral files are handed over to private actors who have neither the experience nor the expertise in handling these files and who are unaware of the obligations imposed by federal law.”