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Newsom Signs Law That Makes Unauthorized Ballot Seizures a Crime Before California Primary

Court orders will be required for most searches of ballots or voting technology, with the state DOJ issuing new guidance to protect election workers.

Overview

  • Governor Gavin Newsom signed the bill Wednesday and it took effect immediately to criminalize the unauthorized removal or seizure of voted ballots from county election offices.
  • The law generally requires a court order before law enforcement or federal agents can access voter rolls, ballot packages, or certified voting machines to limit outside intervention in election administration.
  • Violators face criminal penalties including up to three years in state prison and a $1,000 fine plus civil penalties of up to $50,000 for ballot custody violations.
  • The measure was prompted by Riverside County Sheriff Chad Bianco’s February seizure of more than 650,000 ballots, a probe election officials said was based on a faulty reading of raw data and produced no evidence of improper voting.
  • Attorney General Rob Bonta endorsed the law and is sponsoring AB 1664 to require rapid notice to state officials about warrants or subpoenas and to give the state quicker tools to challenge improper searches or seizures.