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Judges may face unprecedented decisions this election. A new guide seeks to help

The guide urges judges to scrutinize warrant affidavits and protect chain of custody as officials brace for ballot seizure requests.

  • On Wednesday, UCLA's Safeguarding Democracy Project released a guide to help judges navigate search warrant affidavits for election materials during active elections, aiming to prevent irreparable harm to voting integrity.
  • With midterm elections eight weeks away, election officials are preparing for potential federal interference after previous seizures of voting materials in Georgia and California raised alarm among the legal community.
  • The guide warns that seizing ballots breaks the chain of custody and creates uncertainty, urging judges to consider alternatives like delaying execution until after certification rather than accepting "second-best solutions."
  • Retired federal judge Philip Pro emphasized judges are the "last line of defense," stating they must look behind the curtain rather than accepting affidavits as "gospel" when evaluating warrant requests.
  • As election litigation hits record levels, the project encourages judges to involve election administrators in warrant proceedings to protect public confidence and ensure certification integrity amid unprecedented scrutiny.
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Judges may face unprecedented decisions this election. A new guide seeks to help

The idea of law enforcement taking possession of ballots in the middle of an active election used to be considered impossible. Now, it's a scenario voting officials — and judges — are training for.

·San Diego, United States
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npr broke the news in Washington, United States on Wednesday, September 9, 2026.
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