Appellate court rejects Bonta bid to halt Riverside sheriff’s ballot probe; fight over seized Prop 50 ballots moves forward
An appellate court on Tuesday denied Attorney General Rob Bonta’s emergency request to stop Riverside County Sheriff Chad Bianco’s probe into alleged discrepancies tied to the 2025 Proposition 50 special election on venue grounds, allowing the ballot investigation to continue.
Key takeaways
- Procedural denial: The appellate panel denied the AG’s emergency appeal on venue grounds, not on the petition’s merits — the state is evaluating next steps (Los Angeles Times; CalMatters).
- Scale of seizure: Sheriff Bianco has taken custody of roughly 611,000 to 650,000 ballots from about 1,000 boxes (and additional boxes), saying he will physically count ballots to match county and state totals (Los Angeles Times; CalMatters; Bianco press conference video).
- Allegation vs. county tally: A complaint alleged ~45,800 extra votes were reported, while county officials say the machine count differed from the final tally by about 100 votes (American Community Media; Laist; CalMatters).
Background: Proposition 50 and the seizure
Proposition 50 was a November 2025 special-election measure that temporarily redrew California’s congressional maps. Proponents said the maps addressed partisan gerrymandering and shifted five Republican-held seats toward Democrats. The measure passed in Riverside County with about 56% of the vote, and the Associated Press reported statewide “yes” votes exceeded “no” by roughly 82,570 in the county (Los Angeles Times).
The seizure and sheriff’s account
Sheriff Chad Bianco began removing sealed ballot boxes from county storage after obtaining warrants he says were approved by judges for a “fact-finding” count. Bianco characterized the action as a physical count to compare ballots with totals reported to state officials, repeatedly saying it is not a partisan recount and that it is unrelated to his 2026 gubernatorial campaign (Los Angeles Times; CalMatters; Bianco press conference video).
Legal fight and court rulings
Attorney General Rob Bonta sought court orders to stop the sheriff, arguing the warrants lacked probable cause, the sheriff lacks authority over election administration, and the seizure risks a dangerous precedent. Bonta’s office escalated the matter to Riverside Superior Court and sought relief from the state Supreme Court, calling the situation a “constitutional emergency” (Los Angeles Times; Riverside Record).
On Tuesday, an appellate panel denied the AG’s emergency appeal on the technical ground that the petition was filed in the wrong venue. The court did not rule on the legality of Bianco’s actions. Riverside Superior Court earlier appointed a special master to oversee any ballot counting and ensure chain-of-custody and legal safeguards (CalMatters; American Community Media).
Claims, counterclaims and official statements
The AG’s office emphasized that the appellate denial was procedural and said it does not alter the state’s view that the sheriff is defying lawful direction: “The facts have not changed,” officials said, and they are reviewing options to secure a swift resolution (Los Angeles Times; CalMatters).
“Shame on you, the media, for believing an attorney general with a history of lying,”
— statement from Bianco’s office asserting it is simply counting ballots and accusing Democrats of blocking the probe (Los Angeles Times).
Secretary of State Shirley Weber warned that the allegations lack credible evidence and that unauthorized reviews by people without election expertise risk undermining public confidence; investigations should be led by officials with legal authority and subject-matter expertise (Los Angeles Times).
Riverside County’s Registrar of Voters pushed back on the scale of the alleged discrepancy, saying the machine count and final tally differed by about 100 votes — far less than the ~45,800 alleged — and reiterated that the registrar will comply with lawful court orders and duties for election materials (CalMatters; American Community Media).
Technical questions about the count
Election experts note that small post-certification differences between machine totals and other tallies are not uncommon and can be explained by provisional ballots, adjudication, or clerical updates. Specialists emphasize the importance of:
- Chain-of-custody documentation;
- Transparent procedures under qualified election officials; and
- Independent oversight to produce verifiable results.
Watchdog groups and academics warn that high-profile tests conducted by non-election authorities can fuel doubt without producing new, verifiable evidence (Los Angeles Times; CalMatters; Democracy Docket).
Political context: Bianco and the governor’s race
Sheriff Bianco, a Republican and prominent supporter of former President Donald Trump, is a leading 2026 gubernatorial candidate. Polling has shown a competitive field, with Bianco among several mid-pack contenders. He insists the investigation is unrelated to his campaign and frames it as a law-enforcement duty; critics argue the probe may blur law-enforcement duties with political aims (Los Angeles Times; CalMatters; Democracy Docket).
Broader concerns about trust and timing
Elections experts and civic groups, including the UCLA Voting Rights Project, warn that public trust can erode when high-profile disputes over ballot handling occur near primaries. They call for clear legal authority, transparent procedures, and prompt expert review so voters retain confidence in results (Los Angeles Times).
Implications for Fresno, California
Economic impact: The legal battle is unlikely to directly affect Fresno’s economy but could increase demand for local legal and consulting services if other counties face similar disputes.
Political consequences: Fresno voters and officials will closely monitor the case. Any spread of the dispute or changes in law could push local administrators to adopt stricter chain-of-custody rules and transparency measures.
Social effects: Claims of large vote discrepancies may deepen local divisions. Fresno civic groups may need to intensify voter education to reassure residents and counter misinformation.
Practical applications: Fresno’s Registrar of Voters and city clerks may review procedures for chain of custody, ballot storage, and post-election audits and coordinate with the Secretary of State’s office for prompt responses to complaints.
Reporting sources and links
- Los Angeles Times
- CalMatters
- American Community Media
- Laist
- Democracy Docket
- Riverside Record
- Bianco press conference video (YouTube)
Reporting by Times Media Service. Sources cited above.
