California investigates unauthorized ballot boxes installed by Republicans

California authorities have launched a criminal investigation into unauthorized ballot boxes that the Republican party has placed in several counties, with authorities warning that these set-ups are illegal.

The boxes have appeared in Fresno, Los Angeles and Orange counties at locations including political party offices, campaign headquarters and churches, according to the California secretary of state. The GOP admitted Monday that it owned the boxes and defended the practice.

The secretary of state 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.

The memo comes after a regional field director for the California Republican party in Orange county supporting the congressional campaign of Michelle Steel posed in a social media photo with a box labeled “official ballot drop off box” and encouraged voters to message him for “convenient locations” to drop their ballots, the newspaper reported. Steel, a county supervisor, is challenging Harley Rouda, a Democrat, for his seat in Congress.

There was a report about a similar box at a church in the Los Angeles county community of Castaic. The church posted on social media the box was “approved and brought by the GOP”, the Orange County Register reported.

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

“It would be like me installing a mailbox out on the corner – the post office is the one that installs mailboxes,” Kelley told the newspaper.

The state has sent cease-and-desist orders to the GOP in all three counties. California’s attorney general, Xavier Becerra, said late Monday he had received “disturbing reports” that some GOP officials “may not be prepared or willing to remove those boxes”. If the boxes aren’t removed, the Republican leaders could face prosecution, he added.

The Orange county district attorney has launched a criminal investigation into at least two unauthorized ballot boxes in the county, a spokeswoman, Kimberly Edds, told the Guardian. The DA’s office received numerous reports from concerned residents, though she declined to specify where the boxes were located while the investigation continues. There are prosecutors available 24-7 to investigate these claims, and the DA has set up a hotline for reports about fraud.

“This is something we take extraordinarily seriously,” Edds said, adding that it was too early to comment on how many voters may have been affected. She noted that residents could track their ballots online if they had concerns.

Lance Trover, a spokesman for Steel’s campaign, referred questions to the state Republican party.

Hector Barajas, a spokesman for the party, pointed to a state law that allows a third party to collect voters’ ballots. Republicans have long decried the law.

“In California, where you can have convicted felons and individuals with a criminal history go door to door and collect ballots from voters, Democrats are now upset because organizations, individuals and groups are offering an opportunity for their friends, family, and patrons to drop off their ballot with someone they know and trust,” Barajas said in the statement.

“The Democrat anger is overblown when state law allows organizations, volunteers or campaign workers to collect completed ballots and drop them off at polling places or election offices.”

But reliance on the law is misleading. The provision says the voter must authorize the person who returns the ballot and that the third party must sign the return envelope. People who collect ballots cannot be compensated based on the number of ballots they return and must bring a ballot to the elections office shortly after receiving it.

Jessica Levinson, a Loyola Law School professor, noted that voters had a right to choose how they delivered their ballots, and that the unauthorized boxes were misleading voters.

“Republicans have been saying, ‘You can’t trust the system, there is fraud,’ and then they engage in arguably fraudulent behavior and create the problems they are complaining about,” she said, adding she feared a chilling effect, even if few people were directly impacted.

People were already fearful about voting in person due to Covid, and wary about voting by mail due to concerns with possible delays, Levinson said: “It creates a psychological question and undermines the integrity of the election at a moment when it’s so important for voters to be able to trust the elections.”

The party questioned on Twitter this weekend what would be wrong with a group providing an option for associates to drop off ballots in a safe location rather than handing them to an individual.

A message was left seeking comment with California’s Democratic party. Ada Briceño, chair of the Democratic party in Orange county, said in a statement the boxes were an attempt at voter suppression.

“Voters need trust in our election system, and this latest attempt by senior Republicans only erodes that trust,” she said.

Orange county is one of the most conservative regions in California and has been the site of numerous pro-Trump rallies. In 2016, however, the county went blue for the first time in decades, with voters backing Hillary Clinton.

Ana Gonzalez, a representative for the state Democratic party in San Bernardino county in southern California, said there was a lot of confusion about mail ballots and that volunteers were canvassing to ensure voters are educated about the process.

“People are desperate right now with the pandemic and the GOP is taking advantage of this and distracting and misleading folks,” she said. “In marginalized communities, we’ve got to make sure that voters have the right information and are safely turning in their ballots. We’ve got to stay vigilant.”

Trump has continued to escalate baseless attacks on mail-in voting, repeating false claims about voter fraud and spreading lies about the process in California.

Agencies contributed reporting