Sheriff must return 650,000 ballots after ‘unlawful’ seizure, California Supreme Court rules
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California's state Supreme Court ruled Thursday that a Republican sheriff must hand back more than half a million ballots he confiscated for an inquiry into unsubstantiated claims of voter fraud during a special election last year.
Riverside County Sheriff Chad Bianco in February seized roughly 650,000 ballots from a November 2025 special election regarding statewide congressional redistricting that favored Democrats and was championed by Gov. Gavin Newsom. The measure comfortably passed across the state and won in Bianco's county by about 80,000 votes.
Calling the seizure "unlawful," the court stated that California law mandates voted ballots remain under the custody and control of election officials, even during a criminal investigation. Bianco must also "refrain from further handling of the ballots except as necessary to comply with our order," the court ruled unanimously. Bianco did not immediately comment on the ruling.
"If election misconduct is suspected, the Elections Code provides several mechanisms for law enforcement to review and examine ballots without compromising their integrity," the court wrote.
Bianco’s ballot inquiry occurred as President Donald Trump has repeatedly disputed the results of the 2020 election, citing unsubstantiated instances of fraud. His administration in January seized ballots and other documents from an election office in Georgia, with some Republicans adopting similar voting rhetoric in their states.
Election authorities and civil rights organizations have followed the Bianco case closely as they prepare for the possibility that Trump or his allies might try to seize ballots in November.
Bianco stated that he confiscated the election materials as part of a criminal investigation following a complaint from a local citizens group claiming the tally was incorrect. Local election officials had previously determined the complaint was unfounded. Bianco was running for governor at the time, but he failed to advance past the primary.
Democratic Attorney General Rob Bonta immediately filed a legal suit, arguing the sheriff possessed no authority over election records and warning that the seizure was designed to sow distrust in elections. He ordered Bianco to return the ballots, but the sheriff refused.
"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 said Thursday.
The University of California, Los Angeles Voting Rights Project also filed suit against the sheriff and the Riverside County Registrar of Voters on behalf of several Riverside County voters. The state Supreme Court heard arguments in both cases last month.
The Court also established that obtaining a search warrant does not override state election 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."
Newsom on Saturday signed legislation that prevents anyone from seizing ballots in the manner Bianco did.
Shortly after seizing the ballots, Bianco began recounting the vote using sheriff’s officials under the supervision of a court-appointed special master, but he suspended the effort days later amid mounting legal challenges from the state attorney general and the voting rights group. However, he has not returned the ballots.
Bradley Hertz, representing Bianco before the court, argued the sheriff was under a legal duty to launch a criminal inquiry after receiving a complaint and followed the penal code by issuing search warrants in February.
Hertz said Bianco has not returned the ballots to the Riverside County Registrar of Voters because those materials are "evidence."
When the ballots were seized, Bianco was one of two prominent Republicans competing for governor in a crowded June primary. He did not reach the general election and later announced plans to run for reelection as sheriff in 2028.
Xavier Becerra, a former state attorney general and Democrat currently running for governor, is part of the UCLA lawsuit seeking to halt Bianco’s efforts.
