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US Midterms 2026
1OCT

Bianco must hand back 650,000 ballots

3 min read
15:11UTC

California's Supreme Court ruled 7-0 that Riverside County Sheriff Chad Bianco unlawfully seized about 650,000 ballots from the Proposition 50 election and must return them.

PoliticsAssessed
Key takeaway

California's Supreme Court ruled that a sheriff cannot take cast ballots from election officials.

The Supreme Court of California ruled 7-0 on 24 September that Riverside County Sheriff Chad Bianco unlawfully seized about 650,000 ballots from the county registrar⁠1. Chief Justice Patricia Guerrero wrote for the Court in Cervantes v. Bianco, which ordered Bianco to return the ballots and stop handling them. "We hold that the seizure of the ballots was unlawful," the opinion says. State election law says voted ballots may "in no event" leave the election official's custody, criminal investigation or not.

The ballots are from the 4 November 2025 special election on Proposition 50, which put the Legislature's congressional map in force through 2030. California adopted that map in answer to Texas's mid-decade redistricting, the same race to redraw that put Missouri's 2025 map before the courts, and the first House elections on its lines are on 3 November. A group named in the opinion had made an unverified claim of a 45,896-ballot gap between valid ballots and the official count, and the sheriff obtained a warrant on 9 February.

In a companion case, Bonta v. Bianco, the Court held that Attorney General Rob Bonta, a Democrat, acted lawfully when he directed the sheriff to pause the investigation⁠2. Bianco, who ran unsuccessfully for governor as a Republican this year, called it a "lawful investigation" and said he would appeal to the federal courts, according to CalMatters⁠3. The ruling sets a state-law limit on any seizure of cast ballots that a sheriff or prosecutor might attempt after 3 November.

Deep Analysis

In plain English

In November 2025 California voters approved Proposition 50. It replaced the state's congressional map with one drawn by the Democratic-led legislature, in answer to Republican redrawing in Texas. In early 2026 Chad Bianco, the elected sheriff of Riverside County, used a search warrant to take about 650,000 ballots from that vote. Bianco said he was investigating claims of a miscount in the 2025 vote. California's highest court has now said he had no right to take them. State law keeps cast ballots with election officials, and the law has its own process for recounts. He must return them and stop handling them.

Deep Analysis
Root Causes

The seizure began with a group's claim of a gap between its count and the registrar's. It said 611,426 valid ballots were cast in Riverside County against the official 657,322, a difference of 45,896. The sheriff obtained a warrant on 9 February 2026 for all ballots from the 2025 special election.

California's sheriffs are elected separately from county election officials and answer to voters, not to the registrar. That leaves room for a sheriff to treat an election dispute as a criminal matter. The state constitution gives the attorney general power over sheriffs, and the Court held that power covers directions on a single inquiry.

Escalation

Easing in California. The ruling sets a state-law limit on any police seizure of ballots after 3 November. Bianco's promised federal appeal is the remaining route.

What could happen next?
  • Precedent

    California law now bars local police from taking cast ballots out of election officials' custody, even under a warrant.

  • Consequence

    The inquiry into the Proposition 50 vote ends before the first House election held on the map that vote created.

First Reported In

Update #19 · Bulk voter citizenship checks are back

Supreme Court of California· 1 Oct 2026
Read original →
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