The unanimous ruling says voted ballots must remain in the physical custody of election officials, even during a criminal investigation.
The California Supreme Court ruled Thursday that Riverside County Sheriff Chad Bianco unlawfully seized approximately 650,000 ballots cast in Riverside County’s November 2025 special election.
Bianco argued that his department was conducting a criminal investigation and had obtained search warrants. In Cervantes v. Bianco, the court held that California Elections Code section 15551 requires voted ballots to remain in the physical custody of the responsible elections official.
Court orders ballots returned
The court directed Bianco to return the ballots and other seized election materials to Riverside County Registrar of Voters Art Tinoco. Chief Justice Patricia Guerrero wrote for a unanimous court that the seizure violated the statute’s requirement that voted ballots not be taken from the custody of election officials.
The justices said allegations of election impropriety are serious, but California law provides established mechanisms for investigating potential misconduct without removing voted ballots from election officials’ custody.
Why the ruling matters statewide
The decision clarifies the limits on law enforcement handling of voted ballots during criminal investigations in California. In a separate decision issued Thursday, Bonta v. Bianco, the court also addressed the California attorney general’s authority to supervise county sheriffs in matters of statewide concern.
The opinions were filed Sept. 24, 2026.
