NewsKPBS Public MediaSeptember 9, 2026San Diego County
UCLA Safeguarding Democracy Project Releases Guide to Help Judges Evaluate Election Search Warrants
Photo: KPBS Public Media
UCLA's Safeguarding Democracy Project published a new guide to assist judges in navigating search warrant affidavits related to the voting process amidst preparations for potential federal law enforcement actions involving ballot seizures during active elections. The guide recommends that judges consult election administrators, prioritize transparency by holding courtroom hearings under oath, and consider alternatives such as waiting until certification or using copies rather than seizing physical ballots.
Read the full story at KPBS Public MediaWhy It Matters
The guidance addresses the risk that law enforcement seizure of ballots during an active election could break the , disrupt final vote tallies, and compromise election outcomes in close races.
Key Facts
- UCLA's Safeguarding Democracy Project released a new guide to help judges handle search warrant affidavits concerning the voting process.
- State election offices have conducted statewide trainings this year to prepare for law enforcement potentially seeking to take possession of ballots or election materials during active elections.
- Two search warrants executed this year in Fulton County, Georgia, and Riverside County, California, involved the seizure of ballots.
- Seizing ballots before an election is certified can break the chain of custody, leaving officials unable to confirm how many ballots were returned or whether they were tampered with.
- The UCLA guide recommends that judges bring election administrators into the conversation when evaluating warrant requests.
- The guide advises judges to prioritize transparency by conducting hearings in a courtroom on the record with witnesses under oath, rather than reviewing warrants strictly in secret.
- The guide outlines alternatives for judges to consider, such as waiting until after certification to execute warrants, using copies or reproductions, or allowing law enforcement to observe tabulation or recounts.
Who's Mentioned
OrganizationKeep Our Republic“Nonprofit organization aimed at supporting democracy and the rule of law”PersonMaureen O'Connor“Retired Chief Justice of the Supreme Court of Ohio and member of Keep Our Republ”locationRiverside County“Location in California where a search warrant was executed involving ballot seiz”PersonRick Hasen“Director of the Safeguarding Democracy Project and lead author of the guide”PersonPhilip Pro“Retired federal judge and member of Keep Our Republic”OrganizationSafeguarding Democracy Project“UCLA project that released the guide for judges”locationFulton County“Location in Georgia where a search warrant was executed involving ballot seizure”OrganizationNPR“News organization that first shared the guide and interviewed officials”PersonPresident Trump“mentioned regarding his hunt for voter fraud and comments on seizing election eq”