AB 1664

Introduced by Assembly Members Jackson and Berman
(Principal coauthor: Senator Cervantes)
(Coauthor: Assembly Member Bennett)
 An act to add and repeal Section 23 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.
elections, and declaring the urgency thereof, to take effect immediately
Elections: law enforcement investigations of election records or voting technology.
The Secretary of State is the chief elections officer of the state, and the Attorney General is the chief law officer of the state. Existing law requires a state or local agency that files or is served with an elections-related claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 court days. Existing law requires a state or local agency that intends to enter into a settlement, consent decree, or other court-approved agreement related to the claim to provide a draft copy of the settlement, consent decree, or agreement to the Secretary of State and the Attorney General at least 14 court days before entering into it.
This bill would require a local agency, political subdivision, or elections official to provide notice to the Secretary of State and the Attorney General immediately,
			 but no later than one calendar day, after becoming aware of any warrant, subpoena, or active law enforcement investigation pertaining to any election records or certified voting technology under their custody or control. The bill would authorize the Secretary of State or the Attorney General to intervene in, or initiate, any court proceedings to challenge a warrant or subpoena on any valid grounds or seek any other appropriate relief. The bill would repeal these provisions on January 1, 2030. By increasing the duties of local elections officials, this 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, if the Commission on State Mandates determines that the bill contains
			 costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Under existing law, the Secretary of State is the chief elections officer of the state and must see that elections are efficiently conducted and that state election laws are enforced.
(b) Under existing law, the Attorney General is the chief law officer of the state and must see that the laws of the state are uniformly and adequately enforced.
(c) California has a sovereign interest in creating and enforcing laws for the administration of elections, which it has
				exercised by adopting a comprehensive scheme for the conduct of elections.
(d) The Secretary of State, the Attorney General, and the state are injured and aggrieved by law enforcement’s improper search, seizure, and retention of election materials, including election records and certified voting technology or any portion thereof, which can frustrate election administration and undermine public confidence in election integrity.
SEC. 2.
Section 23 is added to the
Elections Code
, to read:
23.
(a) For purposes of this section, the following terms have the following meanings:
(1) “Certified voting technology” has the same meaning as defined in Section 17600.
(2) “Election records” include, but are not limited to, any records that must be kept, retained, preserved, or sealed by elections officials under this code.
(3) “Law enforcement investigation” means an investigation undertaken by a federal, state, or local law enforcement agency.
(b) A local agency, political subdivision, or
						elections official shall provide notice to the Secretary of State and the Attorney General immediately, but no later than one calendar day, after becoming aware of a warrant, subpoena, or active law enforcement investigation pertaining to the search, seizure, or retention of any election records or certified voting technology, or any portion thereof, under their custody or control.
(c) Notwithstanding any other law, the Secretary of State or the Attorney General may, as to any matter described in subdivision (b), intervene in any court proceedings connected therewith, or initiate proceedings in any court to challenge a warrant or subpoena described in this section
						on any valid grounds or seek any other appropriate relief. An action pursuant to this subdivision shall be entitled to calendar preference.
(d) This section does not require the Secretary of State or the Attorney General to take any action regarding any warrant, subpoena, or active law enforcement investigation of which they receive notice pursuant to this section.
(e) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities and counties, including charter cities and charter counties.
(f) This section shall
						remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for this bill to take effect in time for the November 3, 2026, statewide general election, it is necessary that this act take effect immediately.