Under existing law, various election materials, including ballots, voter rosters, and related documents, must be maintained for a certain amount of time following an election. If an election contest or criminal prosecution has been commenced before the date voted ballots will be destroyed, the ballots may not be destroyed until after final determination of the contest or prosecution.
This bill would expand that provision to prohibit the destruction of any document that must be preserved after an election and any certified voting technology used for the election until after final determination of any contest, criminal investigation, or criminal prosecution.
Existing law makes it a crime to knowingly take a package containing ballots from the custody of an elections official. Existing law also authorizes the Secretary of State, Attorney General, and appropriate local elections officials to bring a civil action against a person, business, or entity that takes a package containing ballots from the custody of an elections official.
This bill would apply the crime and the authorization to bring a civil action to taking any document, record, or certified voting technology from the custody of the elections official. By expanding the scope of an existing crime, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB1418: 11 ELEC, 11 ELEC, 19212 ELEC
02/20/26 - Introduced: 19212 ELEC
03/24/26 - Amended Senate: 11 ELEC, 11 ELEC, 19212 ELEC
06/11/26 - Amended Assembly: 15550 ELEC, 15550 ELEC, 15551 ELEC, 15551 ELEC, 18564.5 ELEC, 18564.5 ELEC, 18568 ELEC, 18568 ELEC, 11 ELEC
SB 1418: 19212 ELEC