The real questions for courts after Bianco seized Riverside County ballots
Riverside County Sheriff Chad Bianco says he’d like to be our governor, but more and more, it’s looking to me like the real goal for the far-right provocateur is just to be MAGA-famous.
That’s cool. That’s fine. Honestly, who in Southern California hasn’t dreamed of their 15 minutes? And he certainly has the cop-stache to play the role of rogue Wild West lawman.
But Bianco’s bid for celebrity may help extremists take down American elections, and that is a problem — one California needs to deal with quickly, before the midterms suffer from his antics. There are two separate issues at play here, both of which state courts will be asked to weigh in on in coming days — Bianco apparently is putting his so-called investigation on hold until those cases bring some measure of clarity, and hopefully sanity.
First, are California sheriffs answerable to anyone, or are they a law unto themselves? Second, who in California can legally handle and count ballots according to law, if state law does in fact matter?
The fact that these two issues are coming up now — together— is no accident. President Trump’s election fraud claims have been moving toward this moment for years, largely out of the consciousness of mainstream voters, but very much intentionally pushed by those who would like to see MAGA officials remain in power, even at the cost of democracy.
The real question being answered right now in Riverside — the one we should all be clear on — is, if Republicans want to invalidate election results that don’t go their way this November, what’s the nitty-gritty of actually doing that?
Bianco is attempting an answer.
“This is about more than just what Sheriff Bianco is doing,” said Matt Barreto, faculty director of the UCLA Voting Rights Project. “… It shouldn’t happen. And again, it doesn’t matter if Democrats are winning or Republicans are winning, no sheriff should come in and take over possession or counting of ballots.”
By now, you’ve probably heard that Bianco has obtained multiple secret, sealed search warrants from a buddy judge that allowed him to spirit away hundreds of thousands of ballots in his county from November’s Proposition 50 election.
Bianco claims he has the right to seize these ballots and investigate as he sees fit — and it’s not our business or anyone else’s, not even state Atty. Gen. Rob Bonta, who ordered Bianco to stop what he was doing until Bonta could review it.
Bianco has largely ignored that order, instead scooping up even more ballots late last week — all but giving Bonta a certain finger reserved for simple communication. Fox News loved it. Bianco’s admission Monday that he is pausing his effort is the first hint that even he may see he’s gone too far.
But Bianco’s hubris is in line with the attitude of many so-called constitutional sheriffs, a national movement by some far-right elected lawmen that Bianco has been associated with, though he’s never claimed outright affinity.
These extremist sheriffs misguidedly believe that they are above both state and federal law, and get to decide for themselves what’s constitutional or not in their jurisdictions — and therefore what’s law and what’s not.
Since about 2020, empowered by successes in ignoring pandemic restrictions, these sheriffs have dived deeper and deeper into the election fraud movement that Trump loves so much, claiming increasing rights to investigate alleged fraud. Though their national organization doesn’t publish its membership list, media and other tracking show there are at minimum dozens of these like-minded lawmen across the country, likely closely watching Riverside County.
Some election experts now worry that if Bianco is successful in the courts in retaining the right to take ballots, it will give a dangerous legal precedent that empowers other constitutional sheriffs to do the same at the midterms. Only then it would be fresh, uncounted ballots — leaving these far-right sheriffs in charge of providing results instead of trained, trusted elections officials.
“What happens if the ballots have not been properly counted by the right people yet and a sheriff decides they want to go confiscate them?” said Chad Dunn, co-founder of UCLA’s Voting Rights Project and the trial lawyer who successfully halted Texas’ gerrymandering effort, for now anyway.
“Once the chain of custody … is broken, as they have been with these, you’ll never count them in a way that you’ll be able to get reasonable confidence from the public,” Dunn said. “It puts the entire election process in jeopardy.”
The constitutional sheriffs would become the boots on the ground for Trump’s election deniers to implement their will, seizing ballots as they see fit and creating such a crisis of confidence that it’s likely we the voters would never accept the results, Republican or Democrat.
It could even give Republican Speaker of the House Mike Johnson a plausible reason — an ongoing fraud investigation — not to seat elected Democrats, stalling as he did with Arizona’s Adelita Grijalva last year after she won a special election.
The Voting Rights Project, along with Democratic gubernatorial candidate Xavier Becerra, filed a lawsuit last week asking the state Supreme Court to uphold the laws that govern how ballots are handled in California — basically protecting that chain of custody and making it clear sheriffs can’t ignore it and are not part of it.
“They do not, under California law, have the right to take ballots away from the Registrar of Voters, and they do not, under California law, have the right to count or handle ballots,” Barreto said. “There’s no question that it violates California election law.”
Separately, Bonta’s office filed its own action, with that issue of constitutional sheriffs front and center. Bonta is asking courts to tell Bianco that he’s not a law unto himself, and does in fact answer to the state attorney general.
This issue of whether sheriffs have any legal duty to listen to the state’s top law enforcement officer has long been one of Bonta’s fights — he argued about it with then-L.A. Sheriff Alex Villanueva in another public corruption fiasco over then-L.A. County Supervisor Sheila Kuehl.
I’m guessing Bianco will refer Bonta back to that simple communication of a single finger, much the same as Villanueva did.
But it’s long past time that the state decide just how powerful sheriffs are, for the good of the country this time. The state Legislature has repeatedly kicked the can on clarifying the issue, a failure on their part.
Legislators could amend the state Constitution to make sheriffs appointed instead of elected — the same as police chiefs. Then boards of supervisors could hire and fire them just like other law enforcement leaders.
With the Legislature’s resounding absence on the issue, we have to rely on courts. That’s likely to be a long battle.
In the meantime, Bianco is up to his mustache in attention. This has become a national story, boosting his profile throughout the MAGA-verse as a champion of election deniers everywhere.
Whether Bianco wins or loses these legal battles, resumes his investigation or not, he’s won the attention battle — he’s even polling at the top in the gubernatorial race, thanks to the 8 million Democrats who refuse to drop out.
Riverside County, once as red as it comes, is increasingly purple, Barreto points out. Bianco’s tenure as elected sheriff may not last forever. His shot at governor, despite the polls, is unlikely.
But maybe Fox News will be so impressed with his aggressive rants that he’ll get an offer. Maybe Trump, known for watching it, will like what he sees. So many possibilities from the publicity.
And so much real damage to democracy.
