Riverside County Sheriff Seizes Ballots Amid Election Discrepancy Probe, Sparking Legal Battle
Riverside County Sheriff Chad Bianco, a Republican gubernatorial candidate, has taken possession of an estimated 500,000 to 650,000 ballots from a November special election to investigate alleged discrepancies in the vote count. This unprecedented action has prompted strong opposition and legal challenges from California Attorney General Rob Bonta, who has described the probe as a potential threat to public trust in elections. County election officials, however, dispute the magnitude of the alleged discrepancies, while a Riverside County Superior Court judge has since ordered a special master to oversee the ongoing ballot count.
Attorney General Rob Bonta has described the probe as "unprecedented in both scope and scale," stating it appears "not to be based on facts or evidence" and could "sow distrust in our elections."
Investigation Details
Sheriff Bianco initiated the investigation following a complaint from a local citizens group regarding a ballot count discrepancy from a November special election. This election concerned Proposition 50, a measure focused on redistricting that voters approved to redraw state congressional district lines, a move intended to benefit Democrats.
Bianco has characterized the effort as a "fact-finding mission" aimed at physically counting the ballots and comparing the results with the reported totals. He stated his constitutional duty is to investigate allegations of potential crime, asserting that "there is no acceptable error, small or large, in our elections." Bianco has denied any connection between the investigation and his campaign for governor.
The seizure, which occurred with warrants obtained from the Riverside County Superior Court on February 9, February 23, and March 19, involved approximately 1,000 boxes of ballots and other election materials. Bianco stated that the ballot count had started, paused, and is scheduled to resume under the supervision of a special master appointed by a judge. The process, according to Bianco, involves comparing the total number of ballots with the total number of votes.
Allegations and Official Discrepancies
The local citizens group, implied to be the Riverside Election Integrity Team, alleged that an audit found over 45,000 more ballots were counted than cast. They claimed a discrepancy of approximately 45,800 votes between handwritten ballot intake logs and the number of votes reported to the state.
Riverside County Registrar of Voters Art Tinoco disputed this figure. He explained that the larger discrepancy claim was based on unprocessed raw data. Tinoco stated that the actual discrepancy between the machine count and the final count submitted to the state was 103 votes, representing a 0.016% variance. County election officials attributed errors in the handwritten ballot intake logs to temporary election workers, noting that these logs were not used for the official count.
Attorney General's Opposition and Legal Actions
California Attorney General Rob Bonta, a Democrat, has condemned Sheriff Bianco's actions. Bonta described the probe as "unprecedented in both scope and scale," stating it appears "not to be based on facts or evidence" and could "sow distrust in our elections."
Bonta sent multiple letters to Bianco's office, arguing that the sheriff's staff is not qualified to conduct a recount and deeming the ballot seizure "unacceptable." Bonta also raised concerns about whether Bianco had probable cause for the warrants and if important information was withheld from the approving magistrate judge. Bonta's office stated they had attempted to cooperate but alleged Bianco had "delayed, stonewalled, and otherwise refused to work with us in good faith," failing to provide requested documents.
In a 70-page petition to California's 4th District Court of Appeal, Bonta argued that Bianco's inquiry was "sweeping and unprecedented" and constituted an abuse of the criminal process. Bonta's office also deemed the warrants and their supporting affidavits "legally deficient," asserting that no specific crime had been identified as a prerequisite for a criminal search warrant. David Becker, Executive Director of the Center for Election Innovation & Research, echoed this assessment, calling it a "fishing expedition."
Judicial Oversight and Court Rulings
A three-judge panel of California's 4th District Court of Appeal dismissed Bonta's petition to halt the investigation, directing him to file with a lower court. Bonta's office clarified that the court's decision was procedural and not a judgment on the petition's merits. Following the ruling, Bonta's office stated the sheriff continues to defy the Attorney General's instructions and is evaluating next steps.
A Riverside County Superior Court judge has ordered the appointment of a special master to oversee the ballot count, which is scheduled to resume under court guidance.
Broader Context and Reactions
Sheriff Bianco, an outspoken supporter of former President Donald Trump, made remarks in 2024 supporting Trump for the White House after his conviction. His investigation occurs amidst ongoing discussions regarding election integrity.
Several officials and experts have voiced concerns regarding the investigation:
- Political science professor Kim Nalder stated that such a seizure "should not happen in a healthy democracy" and questioned law enforcement's expertise in ballot counting.
- David Becker, Executive Director of the Center for Election Innovation & Research, called Bianco's claims "false" and questioned the warrants' issuance given laws requiring chain of custody for election materials.
- Former Los Angeles Mayor Antonio Villaraigosa criticized Bianco's actions as "a dangerous abuse of power."
- Secretary of State Shirley Weber reiterated that Bianco and his deputies are not election officials and lack expertise in election administration.
- Attorney General Bonta also emphasized that there is "no indication, anywhere in the United States, of widespread voter fraud."