Becerra says Bianco violated the law by breaking the ballots' chain of custody
Democratic candidate for governor of California and an attorney of record for the petitioning voters in Cervantes v. Bianco
“The sheriff is supposed to enforce the law. In this case, Sheriff Bianco violated the law. There are ways that you treat ballots. You have to maintain the integrity of every ballot so you know, I know, we all know, that no one will tamper with your ballot. There is a chain of custody requirement that the law says you have to follow in order to let that ballot move anywhere. … He cannot claim under cover of an investigation that he has the right to take these ballots and break that chain of custody. That's against the law. That's why we're suing, and that's why he's going to lose in the Supreme Court.”
Source and context
Original text
About this source
CNN's transcript of the televised Democratic and Republican gubernatorial debate. Moderator Kaitlan Collins asked Xavier Becerra and Steve Hilton about Sheriff Chad Bianco's seizure of the Riverside County ballots, and Bianco replied.
Archived copy (opens in a new tab)Before the quotation
CNN moderator Kaitlan Collins noted that Becerra was part of a lawsuit against Sheriff Bianco over the seizure and asked whether he believed the sheriff had committed a crime.
After the quotation
Bianco replied that none of it was true and that there was absolutely nothing his office did that was illegal. Steve Hilton, asked the same question, declined to weigh in.
How this statement is classified
Responding to: Elections Code section 15551(d) requires that voted ballots never be taken from the elections official's custody, so Sheriff Bianco violated it when he removed the Riverside County ballots from the Registrar of Voters, even under a search warrant.
The label describes this statement’s response within the context above.
Why this label?
The reference point is the sheriff's seizure and handling of the ballots. Becerra says the seizure broke the chain of custody the law requires and was against the law, which expressly rejects the conduct.
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Was Riverside County Sheriff Chad Bianco's seizure of about 650,000 ballots lawful?
Explore the case context, sources and public responses.
More from this case
Read the full caseCampaign Legal Center
“Sheriff Bianco’s illegal seizure of ballots is a dangerous escalation and blatantly unlawful intrusion by law enforcement … In Riverside County and a growing number of localities across the country, actions like this risk disrupting critical chain of custody procedures, endangering sensitive voter data, sidestepping recount and contest procedures, and amplifying baseless claims, ultimately undermining the freedom to vote.”Read statement
“Governor Gavin Newsom today released the following statement in response to the California Supreme Court ruling Riverside County Sheriff Chad Bianco illegally seized hundreds of thousands of ballots from last year’s special election … Today’s ruling affirms that in California we will defend democracy — using every branch of government. And the new laws I signed just last week add new protections so attacks like this cannot happen again. People deserve to know their ballot is counted and secure, and in California we will do everything we can to protect that constitutional right — this year, and beyond.”Read statement
“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. After the Sheriff took the extraordinary step of obtaining warrants to seize control over voted ballots, I made a modest request to him: pause your investigation, preserve all evidence, and provide the information needed for my office to review the allegations. Instead, Sheriff Bianco pressed forward with the seizure of hundreds of thousands of ballots. The Court has now made clear that this kind of defiance cannot stand, that the Attorney General has the authority to intervene when sheriffs take improper action, and that voted ballots belong in the custody of elections officials.”Read statement