California Secretary of State Shirley N. Weber, Ph.D., Issues Statement on Two California Supreme Court Decisions Barring Unlawful Seizure of Elections Materials 
 

Sacramento, Calif. – Today, in two related lawsuits against Riverside County Sheriff Chad Bianco, the California Supreme Court ruled that Sheriff Bianco's months-long seizure of election materials is unlawful. 

“Today's rulings stand decisively on the side of elections officials and voters and are a much-needed reaffirmation of the rule of law during a time when we are facing increased attacks on our elections,” said California Secretary of State Shirley N. Weber, Ph.D. “As California's chief election official, it is my utmost priority to ensure that the important protections embodied in our state law are followed, including holding those accountable for maintaining the chain of custody of election materials and unsealing materials only when authorized by law. My office will coordinate with both the Riverside County Registrar of Voters and the Riverside County Sheriff to ensure the orderly and secure transfer of election materials back to the Riverside County Registrar of Voters.”

California Supreme Court Associate Justice Liu’s concurrence emphasized the gravity of these recent events stating, “I would underscore the seriousness of the violation here. This is not a case involving a few documents. It involves the unlawful removal and handling by armed deputies of over 1,000 boxes of documents—and not just any documents, but the most precious documents of the citizenry in a democracy: their votes."

Just last week, Governor Newsom signed new legislation strengthening protections against unlawful election interference, including civil and criminal enforcement provisions to deter violations of the Election Code’s ballot custody requirements. 

In Cervantes v. Bianco, the Court held that the plain text of California Elections Code section 15551 prohibits the removal of ballots from the physical custody of the elections official, even in the case of a criminal investigation. Emphasizing that “California law long has recognized that voted ballots require special care and handling to safeguard them from alteration or tampering,” the Court noted that the Elections Code already contains a comprehensive framework for the retention and handling of voted ballots, which permits recounts and examination while protecting the integrity of our elections. 

In Bonta vs. Bianco, the California Supreme Court found Attorney General Bonta’s clear directions to Sheriff Bianco to pause his investigation, preserve or return all seized items as directed, and provide specific materials to the Attorney General were all within the scope of the Attorney General’s authority under the state Constitution and the Government Code, and that Sheriff Bianco is compelled to comply with such directions.

“My office will continue to utilize the California Legislature and the courts to defend our democracy from the chaos and confusion that unlawful seizures and other election interference are designed to foment, and I will never stop working to guarantee all voters can freely and fairly exercise their right to vote. And California voters all play a part—by registering to vote, signing up to track your ballot, and, most importantly, voting,” said Secretary Weber.

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