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California Supreme Court unanimously orders Riverside sheriff to return 650,000 seized ballots

Jake Covington,
 September 25, 2026

Riverside County Sheriff Chad Bianco broke the law when he sent deputies to seize more than 650,000 ballots from a special election and then ignored the state attorney general's orders to stop, the California Supreme Court ruled unanimously on Thursday. The court ordered Bianco to hand every ballot back to county election officials and to shut down his investigation.

The ruling landed in two consolidated cases, Cervantes v. Bianco and Bonta v. Bianco, and it drew a hard line: under California Elections Code Section 15551, voted ballots belong in the custody of elections officials, full stop. No search warrant overrides that mandate. No sheriff can break the chain of custody and warehouse hundreds of thousands of ballots at an undisclosed location while claiming to run a fraud probe.

The justices wrote that Bianco's legal arguments did not hold up. The court stated plainly in its opinion: "In short, Bianco's arguments fail to persuade us that we should interpret section 15551 in a manner inconsistent with its plain text, which mandates that voted ballots remain in the custody of elections officials." The court also ordered Bianco to "refrain from further handling of the ballots except as necessary to comply with our order."

The ballot seizure and the discrepancy claim

The dispute traces back to California's November 2025 special election on Proposition 50, a redistricting measure that officially passed by more than 3.4 million votes. The proposition redrew congressional maps in a way that shifted five of California's Republican U.S. House seats to be more favorable to Democrats.

Bianco launched his investigation after a local group, identified by the New York Post as the Riverside Election Integrity Team, filed a complaint alleging a discrepancy of roughly 45,800 more votes reported to California's Secretary of State than were actually counted. Bianco described his probe as a "fact-finding mission" and framed the task in simple terms: "This investigation is simple: Physically count the ballots and compare that result with the total votes recorded."

County elections officials pushed back hard on that claim. The Riverside County Registrar of Voters said the machine count and the final count submitted to the state differed by about 100 votes. Art Tinoco, a county elections official, told the New York Post that the group had misinterpreted how votes are counted, and that the discrepancy fell within 0.16% of the original estimate. Secretary of State Shirley Weber went further, stating that Bianco's office "has taken actions based on allegations that lack credible evidence and risk undermining public confidence in our elections."

A sheriff who would not stand down

Bianco did not quietly comply at any stage of this fight. When Attorney General Rob Bonta sent directives ordering the sheriff to pause the investigation and return the ballots, Bianco refused. Bonta filed a legal challenge in March. Bianco's attorney, Bradley Hertz, argued in court that the sheriff was simply "holding that evidence, safeguarding it as a custodian for the court."

In late March, Bianco said he would pause the investigation, but only "because of the politically motivated lawsuits and court filings." The California Supreme Court issued a formal order in April to halt the probe entirely. Oral arguments followed in August, during which Bianco continued to insist the investigation was about "corruption in California."

The sheriff's public statements throughout the case went well beyond the narrow ballot discrepancy question. During an October 2025 appearance on the Ben Maynard Program podcast, Bianco echoed President Trump's allegations of election fraud in the 2020 election and declared: "We absolutely know there was fraud." He added that "mail-in ballots are purposely designed for fraud." Those claims were not supported by evidence presented in the court proceedings, and Bianco's refusal to back down became a flashpoint in the broader national debate over election integrity and law enforcement authority.

The court's constitutional reasoning

The ruling rested on two pillars. First, the court held that Section 15551 of the California Elections Code creates an unambiguous custody requirement: voted ballots stay with elections officials. A search warrant does not override that statutory command. Breitbart reported that the court clarified law enforcement must use existing electoral mechanisms to investigate suspected misconduct without physically removing ballots from election officials' control.

Second, the court affirmed Bonta's authority under Article V, Section 13 of the California Constitution, which designates the attorney general as "the chief law officer of the State" with "direct supervision over every district attorney and sheriff" in matters pertaining to their official duties. The ruling confirmed that when Bonta ordered Bianco to stand down, that directive carried constitutional weight, and Bianco's refusal to comply was itself unlawful.

Chad Dunn of UCLA's Voting Rights Project, which filed one of the lawsuits that led to the ruling, framed the decision in institutional terms: "The Court's decision reaffirms a basic principle that in California, the Election Code applies to everyone, including law enforcement."

Bianco fires back with a campaign ad

Within hours of the ruling, Bianco posted a video to social media and published an advertisement for his 2028 reelection campaign as Riverside County sheriff. The ad made clear he views the court's decision as a political defeat, not a legal one.

"For that, the Court handed Bonta the power to pause a local criminal investigation and lock the evidence behind the Registrar."

He followed with a line that will likely define the political fallout from this case for months:

"I will obey the writs. I will not obey the message behind them, that local law enforcement works for Sacramento, not for the people who elected us."

In his social media video, Bianco argued that the case "was never about the legality of the case" but rather whether "the attorney general had the ability to stop a lawful investigation into a crime." He said his office had hoped the California Supreme Court "would exercise basic common sense in their interpretation of our laws and our constitution." He also claimed the justices handed the Attorney General's Office "unchecked power over any investigation in the state of California."

Bianco invoked the founders in his defense, stating: "The framers of our constitution thought in terms of right versus wrong, good versus evil. At that time, never would anyone have thought that we would have an attorney general who would prevent the investigation into criminal activity and corruption."

His written statement following the ruling struck a defiant tone: "My message to Bonta is simple: you may have succeeded in burying the truth, for now. But nothing stays hidden forever. In time, everything comes to light."

Bonta and Newsom claim victory

Attorney General Bonta issued a statement calling the ruling a vindication of his office's constitutional role.

"I'm grateful that our State Supreme Court reaffirmed my authority as Attorney General to supervise county sheriffs. I take my responsibility to exercise that authority in the public interest seriously. This was an extraordinary situation that required extraordinary action."

Governor Gavin Newsom, who signed a package of bills over the weekend designed to prevent future ballot seizures, seized on the ruling to frame the entire episode as a threat to democratic governance. Just The News reported that one of those measures, Senate Bill 73, was signed into law six days before California's June 2, 2026 primary election. The bill targets interference by both federal and local law enforcement in state elections.

Newsom stated: "Today's ruling affirms that in California we will defend democracy, using every branch of government. And the new laws I signed just last week add new protections so attacks like this cannot happen again. People deserve to know their ballot is counted and secure, and in California we will do everything we can to protect that constitutional right, this year, and beyond."

Assemblymember Gail Pellerin offered a blunter assessment of the original seizure: "When the sheriff in Riverside seized the 650,000 ballots from the elections official, I was horrified. Breaking that chain of custody breaks the trust that voters have in our elections."

What the ruling settles and what it does not

The court's decision resolves the immediate custody dispute. The ballots go back. Bianco's investigation is over, at least through the channels he chose to pursue it. The Riverside County Registrar of Voters stated it "will continue to comply with all lawful court orders and with all legal obligations applicable to election materials and election administration."

But the ruling also raises questions that extend well beyond Riverside County. The court has now established that California's Elections Code creates a barrier that law enforcement cannot breach with a standard search warrant. For sheriffs and district attorneys across the state who may want to investigate election irregularities, the available tools just narrowed. Any future investigation into ballot discrepancies will have to work through the electoral system itself, not around it.

The political dimensions are equally sharp. Bianco, who lost a bid for California governor in the primaries, is already running for reelection as sheriff in 2028 and plainly intends to use this fight as a campaign platform. The broader national battles over redistricting and voting rights continue to intensify. And the tension between local law enforcement and state attorneys general over election oversight is not unique to California. Similar clashes over election integrity enforcement have played out in Texas and other states, with vastly different outcomes depending on who holds power.

Bianco's core complaint, that a state attorney general can shut down a local criminal investigation by invoking supervisory authority, is not frivolous as a policy concern even if the court found it legally groundless. The California Constitution does grant the AG extraordinary power over sheriffs. Whether that power should exist in its current form is a question for the legislature and the voters, not the courts. The court simply read the law as written.

CBS News reported that Riverside City Councilmember Clarissa Cervantes, the named petitioner in one of the two cases, had noted the ballots were confiscated and held at an undisclosed location throughout the litigation. Investigators have not publicly confirmed what, if any, examination of the ballots occurred while they were in the sheriff's custody. Authorities have not said whether the ballots' evidentiary integrity was compromised during the months they spent outside the Registrar's control.

The larger stakes

The Proposition 50 special election was already a politically charged event. President Trump sent federal officials to monitor the November 2025 vote, and the redistricting measure's passage shifted five congressional seats in Democrats' favor. Against that backdrop, Bianco's seizure of the ballots was never going to be treated as a routine law enforcement action. Federal election oversight disputes have become a recurring feature of American politics, and this case fits squarely into that pattern.

Xavier Becerra, the former state attorney general now running as a Democratic gubernatorial candidate, is part of UCLA's Voting Rights Project, which brought one of the two lawsuits. That connection underscores how deeply partisan the legal battle became, with both sides treating the case as a proxy war over who gets to police elections in California.

The court's answer is clear: elections officials hold the ballots, the attorney general holds the leash, and sheriffs who disagree can take it up with the voters. Whether that framework actually protects election integrity or simply insulates it from scrutiny is a question this ruling will not put to rest.

About Jake Covington

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