Panel backs bill requiring notice when election materials are subpoenaed or seized

Assemblymember Jackson introduced AB 16 64, which would require local agencies, political subdivisions, or elections officials to provide written notice to the Secretary of State and the Attorney General within one court day after becoming aware of any warrant, subpoena, or active law‑enforcement investigation pertaining to election records or voting systems under their custody.

Tiffany Brokaw, deputy attorney general with the Office of Legislative Affairs, said the Attorney General is a cosponsor and that the notice requirement would improve tools available to the state to mitigate damage, protect election materials, and enable prompt intervention in related litigation. "AB 16 64 is designed to improve the tools available to the Attorney General to promptly mitigate any damage associated with improper search and seizure of election materials," Brokaw said.

Members described the measure as a pragmatic step to preserve chain of custody and to give state officials timely standing to respond when materials are seized. Several members encouraged the author to continue working with the Attorney General’s office and county election officials to ensure operational clarity on custody and storage and asked whether additional safeguards are needed to keep ballots in county custody.

The committee voted to pass AB 16 64 as amended to appropriations; members asked staff and the author to refine implementation details.