California Supreme Court rules Bonta outranks sheriffs, orders Bianco to return 650,000 ballots

Court unanimously affirms attorney general directs county sheriffs

The California Supreme Court on Thursday ordered Riverside County Sheriff Chad Bianco to immediately return 650,000 ballots he illegally seized earlier this year, unanimously ruling that the state attorney general is California’s chief law enforcement officer and directs county sheriffs and district attorneys in their official duties.

The seizure followed allegations from a conservative group that there had been an overcount of local votes for Proposition 50, the statewide redistricting ballot measure California voters approved with 64% support last November. Bianco, who was running for governor as a Republican, claimed the ballots were seized under a judicial warrant.

Proposition 50 redrew California’s congressional district lines to help add five seats in the U.S. House of Representatives for Democrats. The ballot seizure targeted local votes connected to that proposition’s passage.

California Attorney General Rob Bonta, a Democrat, ordered Bianco in February to return the ballots and end his probe, arguing that local sheriffs are required to follow the commands of the state attorney general.

Bianco in April complied with a state Supreme Court order to end the investigation. He did not, however, return the ballots themselves, prompting continued legal action by the attorney general’s office.

On Thursday, the state Supreme Court unanimously agreed with Bonta that the attorney general is California’s chief law enforcement officer and that the office directs county sheriffs and district attorneys in their official duties. The decision orders Bianco to return the 650,000 ballots immediately.

The ballot seizure and its aftermath unfolded during Bianco’s campaign for governor. In June, he finished fourth in the state’s gubernatorial primary with just more than 10% of the vote. Former California Attorney General Xavier Becerra, a Democrat, and Republican Steve Hilton finished in the top two positions and will compete to succeed term-limited Democratic Gov. Gavin Newsom.

Thursday’s ruling resolves the immediate dispute over the 650,000 ballots Bianco has held since the seizure earlier this year, ending a standoff that persisted even after the court directed him in April to halt his investigation.