Supreme Court Oral Argument 2026-08 -24 - Aug 24, 2026

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Supreme Court Oral Argument 2026-08 -24

Supreme Court of California 2h 39m 4 speakers 8 chapters transcribed 5 days ago official recording ↗

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What opening remarks and case details are presented at the beginning of the argument?

Chad Dunn 0:03

Honorable Chief Justice and the Associate Justice of the Supreme Court of California. Very, very, very. Honorable Supreme Court sitting on the bottom.

Patricia Guerrero 0:22

Good morning, everybody. Welcome to oral arguments before the California Supreme Court. The clerk may call the calendar, please.

Unknown 0:29

Good morning. The Supreme Court of California are hearing or arguments in San Francisco on Monday, august twenty fourth, two thousand twenty six, at ten A. M. Case number S two nine five eight six six six six six six six. Teresa Cervantes et all petitioners versus Chia Bianco et all respondents. Riverside County citizens at all, real partners in interest. For petition of Mr. Cha W. Dunn. For Attorney General Rob Banta, Mr. Samuel T. Harper. For real parent interest, Secretary of State Shirley Weber and Mr. Kevin Khalia. For respondent, Sheriff Chad Bianco, Mr Bradley W. Hertz. And for responding, Registrar of Voters, Artinoco, Mr. Dell K. Larson. Case number S two nine five nine zero one. Attorney General of the State of California petitioned versus Chad Bianco as sheriff.

Unknown 1:22

etcetera at all respondents. For petition, Mr. Samuel T.

How do the parties introduce the statutory framework governing ballot custody?

Unknown 1:25

Harbour. And for respondents, Mr. Brawley W. Hertz.

Patricia Guerrero 1:33

Thank you. Calling the first matter Cervantes versus Bianco.

Chad Dunn 1:38

May it please the court. My name is Chad Dunn and along with the UCLA Voting Rights Project, we represent petitioners in this case. This court should grant the petition for writ of mandate that was filed by Cervantes and the rest of the petitioners because Sheriff Bianco and the Registar of Voters, Mr. Tinoco, had a clear and present ministerial duty to maintain custody of ballots in the Registar of Voters Office and to not per uh per uh uh not to allow the counting or handling of those ballots outside of the registrar of voters office.

Patricia Guerrero 2:08

Can I interrupt in terms of the terminology that you're using? You refer to ballots. Are is that all that's before us?

Chad Dunn 2:14

No, Your Honor. In fact, uh uh I'll call your attention to elections code section one seven three zero two. Subsection B, and it talks about election materials using the terminology of packages. And in that provision, it outlines ten different items that can be included in packages. That includes voted ballots and a number of other materials that are related to tabulation. And then that word package is used throughout the code to address w who may handle them and under what circumstances.

Leondra R. Kruger 2:42

But Council, section fifteen five, five, one specifically references the term ballots. Is it your position that there's a ministerial duty to return non-ballot materials, the packet materials you we just referenced?

Chad Dunn 2:53

Yes, for several reasons. First, the statute and and and I you know can concede from the briefing, it may seem like that this case comes down to the reading of one five five one on its own. And obviously it says in no event shall ballots be moved. And that should resolve the ballot question in our view. But there are many other statutes that ought to be considered by the court to understand the legislature's policy choices here with respect to these ballots. And that's the first part of what I was hoping to speak of. uh about today and starting in uh with section one five three seven zero in that provision the legislature said after ballots are counted and sealed the elections official may not open them for any reason except a specific kind of audit

Chad Dunn 3:32

Or in the event of a recount. So in other words, the baseline rule is we don't open ballots unless there's a recount. Period. Okay? So then you get to seventeen three zero two, that's the provision I was just speaking about, subsection B, that lays out all the materials that are considered election materials under this phrase package. That includes ballots, vote by mail ballots, identification envelopes, provisional ballots, tallying sheets, spoiled ballots and the like. Then we get to fifteen fifty one. Fifteen fifty one says if a contest or any such criminal prosecution has been commenced before the date fixed for its destruction, the package containing the voted ballots shall be subject to the order of the court in which the contest or criminal prosecution is pending.