Committee advances AB 282 to criminalize pre-certification seizure of ballots and equipment

The Senate Committee on Elections and Constitutional Amendments advanced AB 282 on a 4–1 vote after debate over whether law enforcement warrants would permit seizures. Assemblymember Pellerin, the bill’s author, told the committee that AB 282 "seeks to prevent the gravest threat to our elections by preventing any attempts to seize ballots, election records, and certified voting technology before election results are certified."

Pellerin and witnesses recounted the March Riverside incident to argue the bill is necessary to protect chain of custody. The author said the measure would make it a felony to seize or to assist in the seizure of ballots, election records or certified voting technology prior to certification, punishable by up to three years in prison, and would bar supervisors from directing subordinates to do so with higher penalties noted in the bill text. In questioning, a committee member asked whether judicial warrants would provide an exception. The author responded, "I would not look at the — I mean, the warrant does not give you an authority to come in and seize ballots," adding that ballots should remain under the custody and security of the elections official.

Supporters on the record included Beth Malinowski of SEIU California, Ignacio Hernandez of Verified Voting and Jessica Hay of AFSCME California. After the discussion, a motion was made (mover recorded as Senator Cervantes) to pass and re-refer AB 282 to the committee on appropriations. The clerk called the roll; the chair announced the vote as 4 to 1 and the measure was advanced out of committee.