Across the country, there has been an unprecedented escalation of a dangerous trend: the unlawful seizure of past election materials by the U.S. Department of Justice (DOJ) and local law enforcement.
In the spring of 2026 in California, Sheriff Chad Bianco, also a candidate for California governor, seized ballots from a 2025 special election in an attempt to sow doubt in the results of that election. Multiple suits were filed with the California Supreme Court demanding that these ballots be returned — one by the California attorney general and another by a group of voters. Campaign Legal Center filed amicus letters in support of both lawsuits.
Sheriff Bianco’s actions violate California law requiring public officials to maintain election administrators’ custody over sensitive election materials, including ballots, and ensuring that only trained election officials conduct recounts, audits and other important postelection procedures.
In a victory for Californians and the rule of law, the California Supreme Court ordered on September 24, 2026, that the ballots be returned to the Country Registrar’s office. This order supersedes any search warrants issued in this matter. This ruling also sets a clear precedent for any other bad actors attempting to execute a similar scheme.
How did this begin?
In a special election in 2025, Californians voted on a proposed amendment to the state Constitution regarding redistricting, known as Proposition 50, or Prop 50. This amendment would allow the state to constitutionally redraw its congressional map ahead of the 2026 midterm elections. Prop 50 passed with nearly two-thirds of Californians voting for its passage.
One candidate in the California gubernatorial race, Sheriff Chad Bianco, launched an “investigation” into the special election over Prop 50 in an attempt to undermine valid election results.
As part of Bianco’s “investigation,” he illegally seized over 650,000 ballots from the Riverside County Registrar’s office. On March 25, 2026, a group of Riverside County voters filed a petition with the California Supreme Court requesting that it order Sheriff Bianco to return the seized ballots to the custody of the Riverside County Registrar of Voters.
Campaign Legal Center filed amicus letters on behalf of Common Cause and the League of Women Voters of California in support of the voters’ and the attorney general’s petitions. Our letters made three key arguments:
- The seizure of, or law enforcement demand for, ballots and other sensitive materials by law enforcement is part of a growing and extremely troubling trend already seen in Georgia, Arizona and Minnesota. Sheriff Bianco’s seizure of ballots from a 2025 election in Riverside County, California, is a clear escalation of this unlawful intrusion by law enforcement into the electoral process;
- The seizure of ballots and election materials by law enforcement outside of clearly established laws and procedures undermines our democracy and the rule of law. Law enforcement actions like those taken in Riverside risk breaking chain of custody over ballots, endangering sensitive voter data and amplifying baseless claims, all of which undermine the freedom to vote;
- This seizure was conducted less than three months before California’s primary in June. Courts must send a clear signal to law enforcement agencies that efforts to disrupt elections will not go unchecked.
On April 8, 2026, the California Supreme Court issued a preliminary order instructing Sheriff Bianco to pause any investigative work pending further decisions from the Court. Then, on September 24, 2026, the Court ordered Bianco to return the ballots he seized. This ruling sends a clear message to those attempting to undermine election results: These rogue actions will not go unchecked.
The seizure of ballots in California is not an isolated incident.
Similar ballot seizures or law enforcement demands have occurred in other states across the country.
Such ballot seizures aimed at undermining the fair results of an election threaten our democracy and the rule of law.
Ballot custody laws protect voters’ fundamental rights to an accurate count, a secret ballot and personal privacy — and voters should remain confident that their ballots are accurately counted and kept safe and secure after they are cast.
In any future cases, courts must send a clear signal to law enforcement agencies that there will be consequences for attempting to disrupt or sow doubt on our elections.
Campaign Legal Center will continue to monitor illegal actions like these and more as we approach the 2026 midterm elections, and we will take action to protect voters. Join us today.