Senate approves SB 73 to tighten ballot custody and bar unauthorized access at voting sites

Senators voted to advance SB 73 on concurrence after floor debate that linked recent ballot seizures to threats against public confidence in elections. Author Senator Anna Cervantes presented the bill as a direct response to incidents in which voted ballots were seized, arguing the measure is necessary ‘‘to protect the integrity of our elections and maintain public trust.’’

The bill would reinforce existing law that requires voted ballots to remain under the custody of county registrars, give the Secretary of State and Attorney General authority to object to a county registrar authorizing law enforcement deployment at voting locations, and make removing ballots from a county registrar’s custody a felony while also allowing civil remedies alongside criminal charges. Senator Wiener, a coauthor and chair of the Senate Elections Committee, framed the bill as a response to a high-profile seizure of ballots by a county sheriff and said that ‘‘we must protect the integrity of our election process’’ while urging an aye vote.

Opponents said the bill risks overreach and raised constitutional questions. Senator Choi argued SB 73 ‘‘sends the wrong message’’ by limiting oversight tools, and Senator Strickland warned it could raise federal preemption issues under the supremacy clause and cited prior court rulings as a possible barrier. The presiding officer sustained a point of order asking senators to remain focused on the merits of the bill during debate.

On the floor the Senate first approved the urgency clause and then the measure itself; both votes were recorded as Ayes 29, Nos 8. The bill was reported passed and moved on in the concurrence process.