The California Supreme Court ruled unanimously on Thursday, September 24, 2026, that Riverside County Sheriff Chad Bianco must return approximately 650,000 ballots he seized following a November 2025 special election. The court declared the seizure unlawful, stating that the California Elections Code requires voted ballots to remain under the control of election officials at all times. The ruling directs Bianco to return the materials to Riverside County Registrar of Voters Art Tinoco "forthwith."
The legal dispute began in February 2026 when Bianco, a Republican, used search warrants to confiscate roughly 1,000 boxes of ballots cast during a special election on statewide congressional redistricting. Bianco stated he was investigating a criminal complaint from a local citizens group regarding a potential discrepancy in the vote count. While activists claimed there was a 46,000-vote gap, county election officials reported the actual difference between the tracking system and the final count was 103 ballots.
Chief Justice Patricia Guerrero wrote that the "plain language" of state law prohibits the removal of ballots from the custody of election officials, even during a criminal investigation. The court also rejected Bianco’s argument that the state attorney general lacked the power to oversee his actions. The ruling affirmed that California Attorney General Rob Bonta, a Democrat, has the constitutional authority to issue binding directions to sheriffs to ensure state laws are uniformly enforced.
During the proceedings, Bianco's attorney, Bradley Hertz, argued the sheriff had a legal duty to investigate complaints and that the ballots were held as evidence. The court noted that Bianco had begun a recount using sheriff's officials under a special master's supervision but suspended the effort due to legal challenges. In a footnote, the court also referred Bianco's legal counsel to the State Bar of California for potential discipline regarding the use of artificial intelligence tools that resulted in misquoted passages in a previous filing.
For election officials and civil rights groups, the decision serves as a legal precedent as they prepare for the November 2026 elections. The ruling clarifies the hierarchy of law enforcement in California, confirming that the Attorney General maintains "direct supervision" over county sheriffs. This prevents a situation where a local official could unilaterally seize and recount ballots without state oversight. The court's rejection of Bianco's legal theories limits the ability of local officials to use criminal investigative powers to intercept mail ballots or election equipment.
The decision also coincides with new legislative safeguards. On Saturday, September 19, 2026, Governor Gavin Newsom signed a bill specifically designed to prevent the seizure of ballots by unauthorized parties. The Supreme Court's order for Bianco to return the ballots "forthwith" effectively ends his department's physical control over the 2025 special election materials. While Bianco, who unsuccessfully ran for governor in the June primary, previously announced plans to run for reelection as sheriff in 2028, he must now comply with the mandate to refrain from further handling the ballots.