Government operations
Preservation of election materials
California expands safeguards for election records, voting technology, and electronic election data.
The law broadens protections against the removal or destruction of materials needed to verify election results and investigate disputes or crimes. It takes effect immediately for the November 3, 2026, statewide gubernatorial election.
What the law does
- Bars destruction of preserved election records, certified voting technology, electronic data, including source code, while an election contest or criminal prosecution remains unresolved.
- Requires electronic election data to remain unaltered for 22 months in specified federal elections and six months in other state and local elections, with storage media kept in sealed containers.
- Makes unauthorized removal of election documents, technology, data, source code, or necessary election equipment from an elections official's custody a crime.
- Allows the Secretary of State, Attorney General, and relevant local elections officials to seek civil penalties of up to $50,000 per act and injunctive relief for unauthorized removal.
Who it affects
- County and other local elections officials responsible for holding, preserving, and securing election materials.
- Individuals, businesses, and other entities that handle or attempt to take election materials or equipment without authorization.
- State officials authorized to enforce the law, including the Secretary of State and Attorney General.
Context
The law is an urgency statute effective immediately.