California Supreme Court Orders Return of More Than 650,000 Riverside County Ballots Seized by Sheriff Chad Bianco
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Contact: Alberto Lammers, alberto@uclavrp.org
California Supreme Court Orders Return of More Than 650,000 Riverside County Ballots Seized by Sheriff Chad Bianco
The decision in Cervantes v. Bianco addresses the custody and handling of voted ballots under California law.
LOS ANGELES (September 24, 2026) – Today, the California Supreme Court ruled in favor of four Riverside County voters represented by the UCLA Voting Rights Project (VRP) and Senior Voting Rights Advisor Xavier Becerra, finding that Riverside County Sheriff Chad Bianco unlawfully seized more than 650,000 voted ballots and ordering him to return them to the Riverside County Registrar of Voters.
In Cervantes et al. v. Bianco, VRP challenged Bianco’s seizure and handling of ballots cast in the November 2025 special election. The petitioners argued that California election law establishes specific requirements governing the custody, inspection, and handling of voted ballots and that a criminal search warrant does not allow law enforcement to bypass those safeguards and count cast ballots outside of public scrutiny.
In its decision, the Court held that the seizure was unlawful because California law requires voted ballots to remain in custody of election officials, even during a criminal investigation. The Court found that a search warrant does not override those protections and ordered Bianco to return the ballots to the Registrar and stop handling them except as necessary to comply with the order.
“The Court’s decision reaffirms a basic principle that in California, the Election Code applies to everyone, including law enforcement,” said Chad Dunn, Legal Director of the VRP. “These are the voters’ ballots. They must be protected through the processes the Legislature has established. This ruling provides important clarity for election officials, law enforcement, and voters across California.”
“The High Court for the state of California has spoken,” said Riverside City Councilmember Clarissa Cervantes, who is a plaintiff in the case. “The rule of law has been upheld, and your sacred ballot and vote are constitutionally protected from any outside political interference. Thank you to our attorneys at UCLA Voting Rights Project, Xavier Becerra, and Attorney General Rob Bonta for their outstanding legal and distinguished representation.”
“Voters need to know their privacy is protected, their ballot is safe and secure, our elections are fair, and election laws must be followed by everyone,” said Becki Robinson, a plaintiff in the case.
“We thank the Court for affirming that the Sheriff has no role in the ballot chain of custody under the Elections Code. We call on California voters to reject similar attacks on voting rights this November,” said Nathan P. Kempe, a plaintiff and the operations director at Starting Over Strong,
Plaintiff and Indio City Councilmember Oscar Ortiz added, “My hope is that this ruling will protect not only the voting process of Riverside County, but also set the precedent for other counties and other states around the country. This ruling demonstrates to our American communities how we can use the legal tools provided by our federal and state constitutions to stop those who wish to manipulate our voting processes for their own political advantage.”
“Today the California Supreme Court handed voters a great victory when it rejected Riverside County Sheriff Chad Bianco’s attempt to use his badge to illegally seize thousands of cast ballots,” said Xavier Becerra, senior voting rights advisor to the VRP, former California Attorney General, and an attorney of record in the case. “The Court knocked election deniers off their feet and strengthened our hand in election protection just ahead of the November vote. We must use every lever at our disposal to beat back voter interference and intimidation. Californians’ faith and confidence in our elections depend on it.”
“Today’s ruling has made it clear that a criminal investigation is not a blanket license to ignore California election law,” said Sonni Waknin, Senior Voting Rights Counsel at the VRP. “The Court has affirmed that when questions arise about an election, there are lawful and transparent procedures that must be followed. Those safeguards are essential to protecting voted ballots and maintaining public confidence in our elections.”
Read the opinion here.
Background
The UCLA Voting Rights Project filed an original petition with the California Supreme Court on March 25 on behalf of Riverside County voters Clarissa Cervantes, Oscar Ortiz, Rebecca Robinson, and Nathan Kempe after Bianco seized voted ballots and other election materials from the Riverside County Registrar of Voters as part of an investigation into alleged discrepancies in the November 2025 election.
The petitioners argued that California election law establishes specific safeguards governing the custody, inspection, counting, and preservation of voted ballots and that a criminal search warrant does not allow law enforcement to bypass those requirements.
As the case proceeded, VRP continued to raise concerns with the Court about the seizure and handling of the election materials. The California Supreme Court ultimately ordered the parties to address whether the voters are entitled to have the cast ballots returned to the Registrar on the grounds that their seizure pursuant to search warrants violated the Elections Code.
In their June 29 filing, the petitioners asked the Court to return the ballots and election materials to the Registrar, require an accounting of their handling while outside election officials’ custody, and disclose whether any ballot seals, tapes, ballots or records had been damaged, destroyed or altered.
On August 24, the Court also heard arguments in the related matter Attorney General of the State of California v. Bianco, S295901. That case raises a separate question involving the Attorney General’s authority over local law enforcement. The two matters arise from the same Riverside County ballot seizure but present distinct legal issues.
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ABOUT the UCLA Voting Rights Project
The UCLA Voting Rights Project was established to protect equal voting rights for all Americans through strategic litigation, social science research and policy advocacy. The VRP seeks to ensure that all individuals are afforded equal access to the electoral process and representation in governance. For more information about the UCLA Voting Rights Project, please visit vrp.ucla.edu.
