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Committee exchange focuses on whether judicial warrants can override custody protections
Summary
Committee members probed whether AB 282 and SB 1418 allow exceptions for law enforcement acting on judicial warrants; authors and supporters said ballots and equipment should remain under elections officials' custody and that warrants do not automatically permit seizure.
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A substantial portion of the committee's time was taken by an exchange over whether judicial warrants provide an exception to the proposed custody protections. A committee member asked, "So does that mean that there's no exception, even people who have authority under the judicial warrant...?" The question framed concern that law enforcement or federal agents with warrants might be criminalized if the bills contained no exceptions.
Assemblymember Pellerin and other speakers responded that maintaining chain of custody is essential to preserve evidence and public confidence. Pellerin stated, "There is never a reason to take ballots away from the custody and security of the elections official," and repeatedly described the Riverside incident as an example of why the bills are needed. Committee members acknowledged the litigation around the Riverside events but pressed for clarity about how warrants and court authority would interact with the bills' prohibitions.
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