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Committee advances bill to require notice to state officials when election materials are seized
Summary
AB 16 64 would require local agencies to notify the Secretary of State and Attorney General within one day of becoming aware of warrants, subpoenas or active investigations involving election records; Attorney General representatives supported the bill, while sheriffs and county law‑enforcement warned it could intrude on judicial authority and jeopardize investigations.
AB 16 64, sponsored with support from the Attorney General's office, would require local agencies, political subdivisions or election officials to notify the Secretary of State and Attorney General no later than one day after becoming aware of a warrant, subpoena or active law‑enforcement investigation involving election records or voting systems.
Tiffany Brokaw, deputy attorney general, said the bill is designed to give state officials the tools to act quickly to mitigate damage when election materials are seized and to allow the Attorney General to intervene or seek relief in related litigation. “This ensures that the state can act quickly to mitigate any damage associated with those law enforcement efforts, protect critical election materials, and uphold the rule of law,” Brokaw said.
Opponents, including the California State Sheriffs Association and a representative for the Riverside County Sheriff, argued the measure raises separation‑of‑powers concerns and risks compromising criminal investigations. Corey Salzillo, for the Sheriffs Association, said the bill could inappropriately invite executive‑branch intervention in matters overseen by judges and peace officers.
Lieutenant Julio De Leon, representing the Riverside County Sheriff, cautioned that mandatory notification and possible intervention could jeopardize time‑sensitive leads, confidential informants and sealed warrants. “Delays created by mandatory notification requirements of potential interventions can jeopardize time sensitive leads and compromise investigative strategies,” he said.
Supporters, including Senator Cervantes, framed AB 16 64 as a timely response to recent seizures of election materials and said it would provide essential state‑level oversight. The committee voted to pass AB 16 64 as amended and refer it to the Committee on Public Safety by recorded roll call.
The committee’s recorded votes show differing views among members, and the bill will next be considered by the Public Safety Committee where opponents’ separation‑of‑powers arguments and operational safeguards can be further vetted.
