California issues cease-and-desist to GOP, says unofficial ballot drop boxes are illegal

Colin Atagi, Joshua Yeager, Cheri Carlson and Erin Rode, Palm Springs Desert Sun
·7 min read

California officials issued a cease-and-desist order Monday to the California Republican Party after GOP officials acknowledged setting up unofficial ballot drop boxes that state election authorities said were illegal.

State election officials said they had received reports about the boxes in Fresno, Los Angeles, and Orange counties. Officials in Ventura County also said they had received reports of unauthorized ballot drop boxes.

“Misleading voters is wrong regardless of who’s doing it," Secretary of State Alex Padilla said in a Monday afternoon news conference with state Attorney General Xavier Becerra. Padilla said while candidates and parties can engage in get-out-the-vote efforts, they "can't violate state law."

Padilla said some of the unauthorized drop boxes had misleading markings and did not follow state elections security rules.

Becerra said he was hearing "disturbing" reports that those who had placed the illegal boxes were unwilling to remove them. He urged Californians to report any suspicious activity around ballot boxes.

“Tampering with the vote is illegal, and anyone who knowingly engages in tampering or misuse of the vote is subject to prosecution,” Becerra said.

On Monday, a sign at Selma's Central Valley Guns in Fresno County claims to be an “Authorized Secure Ballot Drop." The Secretary of State's office issued a memo to county registrars this weekend clarifying that unofficial drop boxes are illegal and ballots must be returned by mail or to official polling places, vote centers, or ballot drop-off locations. Central Valley Guns was not listed as an official designated ballot drop-off by Fresno County Registrar of Voters Office.

The cease and desist order gave the GOP until Thursday to remove all boxes. Padilla said that legal options would be reviewed if it does not comply, Padilla said.

Due to the coronavirus pandemic, in May, Gov. Gavin Newsom issued an order requiring each county’s elections officials to send vote-by-mail ballots for the Nov. 3 general election to all registered voters. In-person voting opportunities will also be available, though the number of polling places has been curtailed compared to previous years.

On Sunday, Padilla issued a memo telling county registrars the unofficial boxes were illegal and that ballots must be mailed or brought to official voting locations or offical drop boxes. “In short, providing unauthorized, non-official vote-by-mail ballot drop boxes is prohibited by state law,” the memo said.

State GOP spokesman Hector Barajas acknowledged that the party owned some of the boxes. He declined comment on how many exist and where they are located. Barajas said the state’s law governing so-called ballot harvesting allows an organization to collect and return groups of ballots.

“Democrats only seem to object to ballot harvesting when someone else does it,” Barajas said.

In response to the GOP defending its actions, Padilla said it “misleads voters and erodes the public trust.” He said it was too early to say how many unauthorized boxes existed.

Democrats have blasted the use of the unofficial boxes and said they fear Republicans could use them to gather and dispose of ballots.

The practice of ballot harvesting involves people helping to turn in ballots for other voters. It is allowed in California under certain rules, and Democrats have offered to deliver ballots for individuals who request it, said Shery Yang Wonnacott, a spokesperson for the state’s Democratic Party. The party is concerned about the GOP using boxes that seem to pose as official collection sites, she said.

Padilla said ballot harvesting rules require the person assisting the voter to sign the envelope of the voter's ballot.

Becerra cautioned voters who knowingly use the unauthorized drop boxes not to do so.

FIND AN OFFICIAL DROP BOX: Visit https://caearlyvoting.sos.ca.gov/ for more information.

The controversy surfaced after a regional field director for the state’s GOP in Orange County posed in a social media photo with one of the unofficial boxes and wearing a face covering supporting the congressional campaign of Michelle Steel, a county supervisor who is challenging Democratic Rep. Harley Rouda for his seat.

There were also reports about similar boxes at a church in the Los Angeles County community of Castaic and at various locations in Fresno County and Ventura County.

In Orange County, District Attorney Todd Spitzer is investigating at least two unofficial boxes in two different cities, said Kimberly Edds, a spokeswoman for the district attorney’s office.

Neal Kelley, the county’s registrar of voters, said official drop boxes are clearly recognizable and carry official county elections logo. He said it wasn’t clear how many voters had used unofficial boxes but after receiving reports about them, he notified the state and district attorney’s office.

"Sounds like maybe half a dozen, but I don't know for sure,'' Kelley told City News Service about the number of boxes recovered. "We had a report of one in Seal Beach

that was a cardboard box.''

Kelley added, "The good news is we got the word out and there was a rapid response to it all.''

Fresno County elections officials advised voters to only use official county drop boxes that are designed to meet state standards for security.

One of the 66 official, secure ballot drop boxes in Fresno County. Voters who want to return their ballot at a drop box should only use official county drop boxes, officials say.
One of the 66 official, secure ballot drop boxes in Fresno County. Voters who want to return their ballot at a drop box should only use official county drop boxes, officials say.

"Fresno County has more than doubled the number of drop boxes required by the state. We have a total of 66 (32 are required) official drop boxes spread throughout the county," Brandi Orth, Fresno County Clerk/ Registrar of Voters said via email. "We strongly recommend that voters utilize an official ballot drop box to return their ballot. Ballots are picked up daily by identifiable elections staff in official vehicles.”

Orth's office did not directly answer questions about what would happen to the ballots already collected at unauthorized locations.

Fresno County Republicans said they will remove the boxes that had been placed at party headquarters, a gas station and gun shops, the Sacramento Bee reported.

Ballots will be turned in to county election officials, which was always the plan, said Fred Vanderhoof, chair of the Fresno Republican Party.

A couple stopped at Svensk Butik Gift Shop in Kingsburg, a small city in southern Fresno County, on Monday to drop off their ballots and were turned away, because the shop no longer had a ballot box. Neither they nor the owner of the Swedish gift store in California’s conservative San Joaquin Valley would speak on the record about it.

In the conservative Ventura County community of Simi Valley, city and county elections officials both said they had received reports of two unofficial ballots boxes.

Social media users spotted what appeared to be an unofficial ballot box at St. Rose of Lima Catholic Church and at another site at 2910 Cochran St., which is the Simi Valley Republican headquarters.

As of 3:15 p.m. Monday, the site had no ballot box. People at the headquarters refused to answer questions, saying they were told to refer all such questions to the state party.

Miranda Nobriga, a spokeswoman for the Ventura County elections division, said her agency was sending out personnel to inspect the reported locations.

Simi Valley Deputy City Manager Samantha Argabrite said that as a result of the reports, the city posted on social media a reminder that there are only five official ballot return boxes in the community and to only drop their ballots at those locations. Residents were also asked to report any other boxes.

Argabrite also said the city planned to send out a news release about where voters could cast ballots. To search for an official ballot drop box location near you, visit https://caearlyvoting.sos.ca.gov/

California Democratic Party Chair Rusty Hicks criticized the placement of the unofficial ballot drop boxes.

“Sadly, this is par for the course from the Republican Party — well-versed in making it harder, not easier for Californians to vote,” he said in a statement.

The memo from Padilla's office to county elections officials noted that the state has extensive requirements for the design, use, and security of vote-by-mail ballot drop boxes including:

  • Boxes must be made of durable material able to withstand vandalism, removal, and inclement weather and with specific design and function requirements.

  • Staffed and unstaffed drop boxes must have an opening slot that is not large enough to allow ballots to be tampered with or removed.

  • Drop boxes must have a secure ballot container placed within the drop box that would provide physical evidence if unauthorized access has taken place.

  • Each drop box must use a unique identifying number that is readily identifiable to the designated county ballot retrievers.

  • Each box must be clearly and visibly marked as an “Official Ballot Drop Box” and include all required information in various languages required by state and federal law.

  • Vote-by-mail ballot drop boxes must comply with accessibility requirements.

Voters can track their California ballot from the time it's mailed out to the time it's received back. Visit https://california.ballottrax.net/voter/

Also contributing to this report: Associated Press, City News Service and Ventura County Star reporter Mike Harris.

This article originally appeared on Palm Springs Desert Sun: Election 2020: California officials say unofficial ballot boxes are illegal