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Cervantes v. Bianco
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Cervantes v. Bianco

California Supreme Court case over Sheriff Chad Bianco's seizure of Riverside County ballots.

Cervantes v. Bianco ended on 24 September 2026 with a 7-0 order that Sheriff Chad Bianco return about 650,000 Riverside County ballots; four county voters brought the petition, and Bianco says he will take the fight to federal court.

Last refreshed: 1 October 2026 · Appears in 1 active topic

Timeline for Cervantes v. Bianco

#19 24 Sept

Produced the 7-0 ballot-seizure ruling

US Midterms 2026: Bianco must hand back 650,000 ballots
View full timeline →

Background

Cervantes v. Bianco is the case in which all seven justices of the Supreme Court of California agreed, on 24 September 2026, that the Riverside County sheriff, Chad Bianco, had no lawful power to take cast ballots from the county registrar. Chief Justice Patricia Guerrero wrote the opinion and Justice Goodwin Liu filed a concurrence.

Four Riverside County voters petitioned the Court. The ballots, about 650,000, came from the 4 November 2025 special election on Proposition 50, which adopted the Legislature's congressional map. A community group had claimed a gap of about 45,896 between polling workers' intake estimates and the certified count; the registrar put any difference at about 103 votes, and all sides agreed the claimed gap could not have changed the result. Bianco obtained search warrants in February 2026.

the Court held that Elections Code section 15551(d), under which cast ballots may 'in no event' be removed from the custody of the elections official, prevails over the general search-warrant statute. Its peremptory writ sets a state-law limit on any seizure of cast ballots after the 3 November count.

Common Questions
What did the California Supreme Court decide in Cervantes v. Bianco?
On 24 September 2026 the Court held unanimously that Riverside County Sheriff Chad Bianco's seizure of about 650,000 ballots was unlawful, and issued a writ ordering him to return them to the county registrar.Source: Cervantes v. Bianco, S295866 (Cal. 24 September 2026)
Why did Sheriff Chad Bianco seize ballots in Riverside County?
A community group alleged a gap of about 45,896 votes between polling workers' intake estimates and the certified count in the November 2025 Proposition 50 election. The sheriff treated it as a criminal investigation and obtained search warrants in February 2026. The registrar said any difference was about 103 votes.Source: Cervantes v. Bianco, S295866 (Cal. 24 September 2026)
Can police seize ballots in California?
the Supreme Court of California held in Cervantes v. Bianco that Elections Code section 15551(d) bars voted ballots from leaving the elections official's custody 'in no event', even under a criminal search warrant. The Code has its own procedures for examining ballots.Source: Cervantes v. Bianco, S295866 (Cal. 24 September 2026)
Will Chad Bianco appeal the ballot ruling?
Bianco called his inquiry a 'lawful investigation' and said he would appeal to the federal courts, according to CalMatters.Source: CalMatters, reported 24 September 2026
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