Elections Code section 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This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Source:
Section 23, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=23. (updated Sep. 19, 2026; accessed Sep. 28, 2026).
