California Supreme Court Orders Sheriff to Return 650,000 Seized Ballots

The California Supreme Court unanimously concluded that voted ballots must remain in the custody of election officials, even during a criminal investigation, prompting the return of seized ballots.

The California Supreme Court ordered Riverside County Sheriff Chad Bianco on Thursday to return approximately 650,000 ballots seized during an investigation into the November 2025 special election.

Why it matters: The ruling clarifies limits on law enforcement’s ability to take custody of voted ballots and reinforces that California law requires them to remain with election officials.

Seized Ballots in California Must Be Returned

California sheriff unlawfully seized over 650,000 ballots and must return them, state Supreme Court rules https://t.co/2y9KudkxGZ

— CBS News (@CBSNews) September 24, 2026

Chad Bianco, a Republican, obtained search warrants in February to seize the ballots and other election materials after receiving a complaint alleging a discrepancy in the results.

The Court determined that the seizure violated the California Elections Code and ordered the ballots returned to the county registrar.

What’s changing: Bianco must stop handling the ballots except as necessary to comply with the order requiring their return to election authorities.

Chief Justice Patricia Guerrero explained that keeping voted ballots in election officials’ custody is intended to protect them from alteration, tampering, or other improper interference.

The court also emphasized that allegations of election irregularities can be investigated, but California law provides procedures for doing so without removing voted ballots from election officials’ custody.

An Alleged Difference of Almost 46,000 Votes Prompted the Investigation

The investigation into the ballots began after the Riverside Election Integrity Team reviewed election records and claimed to have identified a significant discrepancy.

The group calculated 611,426 ballots cast, compared with 657,322 votes in the county’s certified results, a difference of 45,896.

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The difference: The registrar later explained that the calculation relied on ballot intake records that were not designed to serve as a final reconciliation and could contain human errors or omit categories reflected in the certified count.

Despite that explanation, the Sheriff’s Department obtained search warrants for the Riverside ballots and other election materials as part of an investigation into whether criminal conduct had occurred.

Attorney General Rob Bonta’s office said Thursday that the sheriff had not presented evidence establishing criminal conduct related to the election.

The Attorney General Also Prevails in Dispute With Chad Bianco

The Supreme Court simultaneously resolved a separate case arising from the investigation and confirmed the California Attorney General’s authority to issue binding directives to county sheriffs in certain circumstances.

The court ordered Chad Bianco to comply with Bonta’s directives concerning the investigation, affirming supervisory authority granted to the Attorney General under the California Constitution and state law.

The fact: The two cases are Cervantes v. Bianco, concerning custody of the ballots, and Bonta v. Bianco, concerning the Attorney General’s supervisory authority.

The dispute arose from the November 2025 special election on Proposition 50, which concerned the redrawing of California’s congressional districts.

The ruling comes weeks before the November 3 midterm elections, as election administration and security remain prominent issues in national political debate.

California Reinforces Who Can Custody Ballots

The ruling has implications beyond the Riverside dispute because it clarifies that a criminal investigation does not override California’s statutory protections governing custody of voted ballots.

Last week, Governor Gavin Newsom also signed SB 1418, legislation that strengthens protections for ballots and other election materials.

• What’s next: The approximately 650,000 ballots must be returned to the custody of the Riverside County Registrar of Voters.

The Court made clear that suspected election irregularities may be investigated, but those investigations must follow procedures that preserve the custody protections established for voted ballots.

Sources: CBS News, The Washington Post