- United States
- Ohio
- Letter
Law Enforcement Has Seized Ballots Twice This Year. Congress Hasn't Acted.
To: Rep. Beatty, Sen. Husted, Sen. Moreno
From: A verified voter in Columbus, OH
October 2
The integrity of American elections relies on a decentralized system governed by state and local administrators. Under Article I, Section 4 of the Constitution, the authority to administer elections belongs to the states. That principle is compromised when partisan actors weaponize law enforcement or executive power to unilaterally seize ballots, impound voting machines, or break the official chain of custody. This is no longer a hypothetical risk: - January 2026 (Fulton County, GA): The FBI executed a search warrant on Fulton County's election hub, seizing roughly 700 boxes of 2020 ballots, tabulator tapes, ballot images, and voter rolls—six years after certification, based on claims debunked by state hand counts and bipartisan audits. Fulton County had to petition federal courts simply to regain custody of official records. - September 2026 (Riverside County, CA): Following Sheriff Chad Bianco's seizure of over 650,000 ballots from November 2025, the California Supreme Court ruled unanimously on September 24, 2026, in Cervantes v. Bianco that the seizure was unlawful. The court affirmed that state election law strictly prohibits law enforcement from removing cast ballots from certified election officials, even under a general search warrant. Unauthorized seizures of election materials create constitutional crises, compromise chain of custody, and invite partisan interference. A patchwork of state laws cannot stop federal overreach. Because federal candidates appear on local ballots, disruption in any county threatens national governance. Congress must enact statutory firewalls against improper seizures of election infrastructure by passing measures that: 1. Prohibit Unilateral Seizures: Bar law enforcement from physical seizures of cast ballots, certified voting equipment, and voter rolls while audits, recounts, or certifications are pending. 2. Enforce Strict Judicial Standards: Require that emergency impoundments meet a clear and convincing standard of imminent destruction, mandating continuous, court-supervised joint custody alongside certified local officials. 3. Establish Blackout Windows: Enact a statutory 120-day pre- and post-election restricted period to prevent politically motivated interventions from delaying official counts. 4. Grant Explicit Legal Standing: Give state election officials, attorneys general, and voters standing to seek immediate injunctive relief and civil penalties for unlawful interference. Two pending bills—the Voting Systems Protection Act (H.R. 9349) and the SHIELD Our Elections Act (S. 5124)—establish these exact guardrails. I urge you to co-sponsor and pass H.R. 9349 / S. 5124 to protect local election administrators from executive overreach and uphold Article I authority.
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