FBI has ‘substantiated’ irregularities in Georgia 2020 vote counts

An unsealed FBI affidavit in the investigation of the 2020 presidential election in Georgia has confirmed that federal agents “substantiated” several major irregularities in how votes were counted in Fulton County — the state’s most populous jurisdiction — and are now probing whether those flaws were deliberate violations of federal election law.

On January 28, 2026, the Federal Bureau of Investigation executed a court-authorized search warrant at the Fulton County Election Hub and Operation Center in Union City, outside Atlanta, seizing approximately 700 boxes of ballots and related election records from the 2020 presidential contest. The raid was part of a broader federal investigation into aspects of the vote count after then-President Donald Trump’s defeat in the state — a result confirmed by multiple recounts and audits but still contested by Trump and his allies.

What the FBI Affidavit Claims

The affidavit, signed by FBI Special Agent Hugh Raymond Evans and recently unsealed by a federal judge, outlined five categories of irregularities that were “substantiated,” including:

• Missing ballot images: Fulton County reportedly admitted it does not have scanned images for all ballots cast in the original count or the first recount — a significant gap in election records.

• Multiple scans of some ballots: Investigators say available ballot images show individual ballots were scanned more than once during the recount, producing apparent duplicates.

• Risk-Limiting Audit inconsistencies: Auditors involved in a hand count (a risk-limiting audit) reported tally figures for batches that don’t match the actual votes contained in those batches.

• Uncreased absentee ballots: Some absentee ballots counted in the audit reportedly lacked the creases or folds expected of mailed ballots, which could raise questions about how they entered the count.

• Recount results reporting anomalies: On the deadline day to report recount totals, Fulton County initially reported significantly fewer ballots than its original count and then revised the total upward the next day.

According to the affidavit, portions of the allegations were disproven during the probe, while others were corroborated — including some admissions by Fulton County itself. The affidavit states that the investigation aims to determine whether these irregularities stemmed from intentional acts that could violate federal criminal laws.

Legal and Political Fallout

The raid and subsequent unsealing of the affidavit have triggered intense controversy. Fulton County officials swiftly filed a lawsuit seeking the return of the seized ballots and records, and to make the affidavit fully public, saying the removal of the documents — long sealed under court order — threatens voter confidence and may have violated constitutional protections. Critics have argued that the FBI’s actions were “intimidating” and could chill voter participation.

Republican-led federal lawsuits and state election board actions preceded the raid, as pressure mounted to revisit aspects of the 2020 vote count in Georgia — though numerous audits, recounts, and independent reviews upheld President Joe Biden’s narrow victory in the state.

Supporters of the FBI operation argue that the affidavit details justify revisiting election procedures and recordkeeping, especially considering the potential federal statutes cited in the warrant relating to election record retention and the integrity of the electoral process. However, the specific legal theories and evidence cited to obtain probable cause are still under scrutiny as the affidavit becomes fully public.

Ongoing Investigation

With key portions of the affidavit now unsealed and public, legal experts, election officials, and political observers are closely watching how the criminal investigation unfolds — and whether it leads to charges or shifts in how future elections are reviewed.