California's highest court orders sheriff to return 650,000 seized ballots, calls seizure unlawful

By 
, September 25, 2026

The California Supreme Court unanimously ruled that Riverside County Sheriff Chad Bianco must return roughly 650,000 ballots he seized from a November 2025 special election, a decision that settles a months-long standoff but leaves serious election-integrity questions unanswered.

The court found that Bianco's seizure directly violated the California Elections Code, which states that voted ballots shall "'in no event'" be "'taken from the custody of the elections official.'" The justices ordered the sheriff to return every ballot and to "refrain from further handling of the ballots except as necessary to comply with this order." The ruling also affirmed that a search warrant does not override state electoral law governing ballot custody, according to Breitbart.

Bianco, a Republican and former California gubernatorial candidate, seized the ballots in March 2026 as part of what he called a criminal investigation into election fraud stemming from the special election. That November 2025 vote approved a redistricting measure, Proposition 50, that The Hill reported redrew the state's congressional map in a way that favored Democrats. The new map will govern the 2026 midterms, 2028, and 2030 elections.

Bianco claimed a 45,800-vote discrepancy, state officials said it was closer to 100

The core dispute centers on how far the actual ballot count deviated from the machine tally. Bianco contended the election results were off by 45,800 votes, a gap he said justified seizing the ballots as evidence. California Attorney General Rob Bonta and Riverside County Registrar of Voters Art Tinoco countered that the discrepancy amounted to roughly 100 votes, a fraction of what Bianco alleged.

That 45,000-vote gap is not a rounding error. If Bianco's figure is accurate, it would represent a serious malfunction or worse. If Bonta and Tinoco's figure is accurate, the sheriff's seizure rested on a wildly inflated premise. The court's ruling does not resolve which number is correct. It addresses only whether the sheriff had the legal authority to take the ballots in the first place, and concluded he did not.

The court acknowledged that California law does provide mechanisms for law enforcement to review and examine ballots during a criminal investigation without removing them from election officials' custody. But the justices found Bianco bypassed those procedures entirely.

"If election misconduct is suspected, the Elections Code provides several mechanisms for law enforcement to review and examine ballots without compromising their integrity. But those procedures were not followed and the type of seizure that occurred here directly conflicts with the Elections Code's carefully considered and controlling provisions."

That language from the court's written opinion draws a clear line: investigate if you must, but follow the process the legislature wrote. Bianco did not.

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Bianco refused to back down even as legal pressure mounted

The standoff between Bianco and state officials stretched for months. Bonta filed a legal challenge in March ordering the sheriff to return the ballots. Bianco refused. The California Supreme Court first issued a temporary order halting the investigation, the Washington Examiner reported, adding a judicial brake to the dispute before the final ruling came down.

Even after the court intervened, Bianco signaled defiance. He told supporters he would keep fighting to complete the investigation and ensure it was not "swept under the rug," Just The News reported.

"We are not allowed to progress with the counting of the ballots, and we'll just continue fighting for this for you, and we'll make sure that an investigation, like any investigation, is completed and not swept under the rug, as our attorney general would like to happen."

He also questioned why the attorney general moved so aggressively to shut down the probe. In remarks before the court heard arguments on August 24, 2026, Fox News reported Bianco asking why Bonta would intervene to stop an investigation when evidence suggested machines counted ballots differently than the paper record showed.

"How strange, that now we have evidence that the machines counted something different than the ballots that we have, and an Attorney General runs in to stop that investigation so that we'll never know."

Bianco's lawyer, Bradley Hertz, argued the sheriff was "holding that evidence, safeguarding it as a custodian for the court." The court disagreed.

Bonta and Newsom moved quickly to frame the ruling as a victory for their agenda

Attorney General Bonta wasted no time claiming vindication. His statement acknowledged that election fraud "can and should be investigated", but accused Bianco of misusing criminal investigative tools "without any evidence that a crime was committed."

"Election fraud can and should be investigated. But misuse of criminal investigative tools, without any evidence that a crime was committed, needlessly undermines trust in our elections system and in law enforcement."

Bonta also declared the ruling confirmed the attorney general's authority to intervene when sheriffs take "improper action", a claim that extends his office's reach over county law enforcement in election matters. Chad Dunn of the UCLA Voting Rights Project said the decision "reaffirms a basic principle that in California, the Election Code applies to everyone, including law enforcement."

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Governor Gavin Newsom issued a press release calling the ruling an affirmation "that in California we will defend democracy, using every branch of government." He added that Californians "deserve to know their ballot is counted and secure." Newsom had already signed a legislation package aimed at preventing future ballot seizures like Bianco's, though the specific bill numbers were not disclosed in the reporting. California's governor has shown a pattern of using court rulings to advance policy goals when they align with his agenda.

The Riverside County Sheriff's Office did not respond to a request for comment from The Hill.

What the ruling settles, and what it leaves wide open

The court's decision resolves the custody question. The ballots go back. The sheriff cannot touch them. On that narrow legal point, the ruling is clear and unanimous.

But the ruling does not address the underlying fraud allegation. It does not determine whether the machine count matched the paper ballots. It does not explain the gap between Bianco's claimed 45,800-vote discrepancy and the state's claimed 100-vote discrepancy. And it does not lay out what happens next if someone, anyone, wants to investigate whether the November 2025 special election produced an accurate result.

That is the uncomfortable loose end. The court told Bianco he used the wrong tool. Fair enough, the Elections Code spells out procedures for law enforcement to review ballots without seizing them, and Bianco skipped those steps. But the existence of a proper procedure raises an obvious follow-up: will anyone actually use it? The ruling affirms that investigations are permitted under the code. Whether one will happen now that the ballots are back in election officials' hands is another question entirely. Election integrity disputes have become a recurring flashpoint across the country, including at the federal level, where courts and elected officials continue to clash over ballot security measures.

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Bianco ran for governor as a Republican and was described as running neck-and-neck with Steve Hilton, who received a Trump endorsement. His willingness to challenge Sacramento's Democratic establishment on election integrity made him a polarizing figure, celebrated by voters who distrust the state's election apparatus and condemned by officials who called his actions lawless. The political dimension of this case is impossible to separate from the legal one.

Bonta's framing, that Bianco acted "without any evidence that a crime was committed", is itself a contested claim, not a settled fact. Bianco says the evidence is the discrepancy between the machine count and the ballots. Bonta says that discrepancy barely exists. The court did not weigh in on who is right. It simply said the sheriff broke the rules when he grabbed the ballots. Broader debates over mail-ballot procedures and court oversight of election processes remain unresolved at every level of government.

Newsom's new legislation package, meanwhile, appears designed to ensure no future sheriff tries what Bianco did. That may protect ballot custody going forward. It also makes it harder for local law enforcement to act independently when they believe something went wrong with an election, concentrating that authority in the hands of the same state officials whose political interests may align with the outcome under scrutiny.

The proposition that passed in November 2025 redrew California's congressional map in a way that favored Democrats for three election cycles. If the count that certified that result was wrong by tens of thousands of votes, voters in Riverside County and across California deserve to know. If it was wrong by only 100 votes, Bianco owes them an explanation for the disruption. Either way, returning the ballots to the same officials whose count is in dispute does not answer the question. It just ends the argument about who gets to hold the evidence. Political figures on the left have repeatedly sought to reshape court authority when rulings cut against their preferences, a pattern worth watching as this story develops.

The court told Chad Bianco he broke the rules. Now the question is whether anyone in Sacramento has the will to follow the rules the court says exist, and actually investigate whether those ballots were counted right.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson