California Sheriff Must Return Seized Ballots, Top Court Rules

The California Supreme Court has ruled that Riverside County Sheriff Chad Bianco must return more than a half-million ballots he seized as part of an investigation into unfounded voting improprieties. The court unanimously declared the seizure "unlawful," stating that California law mandates voted ballots remain in the custody of election officials, even during criminal investigations.

Bianco seized approximately 650,000 ballots in February from a November 2025 special election focused on statewide congressional redistricting. The measure, which was favorable to Democrats and supported by Governor Gavin Newsom, passed statewide and secured a significant margin in Bianco's county. The court's order also prohibits Bianco from further handling the ballots beyond what is necessary to comply with the ruling.

In its decision, the court noted that "if election misconduct is suspected, the Elections Code provides several mechanisms for law enforcement to review and examine ballots without compromising their integrity." Bianco has not yet commented on the ruling.

The sheriff initiated the investigation after receiving a complaint from a local citizens group alleging discrepancies in the vote count. Local election officials had previously deemed the complaint baseless. Bianco, who was running for governor at the time of the seizure, did not advance past the primary election.

Following the seizure, Democratic Attorney General Rob Bonta launched a legal challenge, arguing that the sheriff lacked the authority over election materials and that the seizure aimed to undermine confidence in elections. Bonta had ordered Bianco to return the ballots, but the sheriff did not comply.

"The Court has now made clear that this kind of defiance cannot stand, that the Attorney General has the authority to intervene when sheriffs take improper action, and that voted ballots belong in the custody of elections officials," Bonta stated following the ruling.

The University of California, Los Angeles Voting Rights Project, along with several Riverside County voters, also filed a lawsuit against Bianco and the Riverside County Registrar of Voters. The state Supreme Court heard arguments in both cases last month. The court also clarified that a search warrant does not supersede state electoral law.

"The Court's decision reaffirms a basic principle that in California, the Election Code applies to everyone, including law enforcement," said Chad Dunn, legal director and co-founder of the UCLA Voting Rights Project. "These are the voters’ ballots. They must be protected through the processes the Legislature has established. This ruling provides important clarity for election officials, law enforcement, and voters across California."

Governor Newsom recently signed a bill that specifically prohibits individuals from seizing ballots, mirroring the action taken by Sheriff Bianco.

Bianco had begun recounting the ballots with sheriff's officials under the supervision of a court-appointed special master, but halted the process days later due to the ongoing legal challenges. His representative argued that the ballots were evidence in a criminal investigation that the sheriff had a legal duty to pursue.

The ruling comes amid broader concerns about election integrity, particularly following claims made by former President Donald Trump regarding the 2020 election results. In January, the FBI seized ballots and documents from an election office in Georgia as part of an investigation. Some Republicans nationwide have echoed Trump's rhetoric concerning voting processes.

Election officials and civil rights organizations have been closely monitoring the Riverside County case, anticipating potential attempts by Trump or his allies to seize ballots in the upcoming November elections.