With less than a week before the Nov. 3 election, California Attorney General Rob Bonta has sent election officials and police a set of instructions for something that has rarely needed spelling out: what to do if law enforcement shows up wanting ballots.
"California's elections are moving forward as usual," Bonta said at a briefing in San Francisco on Wednesday, according to Bay City News. "Your fundamental voting rights remain protected under California law and the rules for casting your ballots have not changed."
The four documents
The state Department of Justice released:
- A legal alert on ballot seizures. It summarizes California's strict chain-of-custody rules for ballots and election materials and gives guidance on limiting disruption if an officer tries to get a search warrant for them.
- An SB 73 bulletin on police at election sites. Under SB 73, signed by Gov. Gavin Newsom this year, election officials must immediately notify the attorney general, the secretary of state and county officials if law enforcement asks for or tries to get access to places where ballots are cast, processed or counted. It also lays out federal and state limits on armed officers and security guards at polling places.
- A bulletin on intimidation. Dated Oct. 26, it reminds every police agency that threatening or using violence to stop an election worker from doing their job, bribing a poll worker and interfering with voters or election officials are crimes, and that interference with elections officials or voters is a felony under the state Elections Code. It warns officers that "weapons can inadvertently intimidate voters" when responding to a polling place.
- A consumer alert on misinformation, especially content made with artificial intelligence and spread on social media.
The backdrop
Bonta framed the guidance as a response to what he called the Trump administration's "unprecedented attacks on our elections." Earlier this week, the Ninth Circuit rejected a federal attempt to force California to set aside more than 20,000 ballots from people the government claims are likely noncitizens, his office said. The bulletin also notes a new law, SB 239, that will let courts treat threats against local election officials as an aggravating factor starting Jan. 1, 2027.
The DOJ says it will have attorneys on call across the state through Election Day to help the secretary of state enforce election laws. Voters who believe their rights were denied can call the secretary of state's voter hotline at (800) 345-VOTE. To avoid postal delays, Bonta urged voters to use a drop box or vote in person, or to hand a mailed ballot to a post office clerk and ask for a postmark.
How to vote
Election Day is Tuesday, Nov. 3. Polls and vote centers close at 8 p.m., and mailed ballots must be postmarked by Election Day and arrive within seven days. You can check your registration and ballot status at sos.ca.gov/elections. California lets you register and vote the same day at a vote center.
