Existing law designates the Secretary of State as California’s chief elections officer and the Attorney General as California’s chief law officer. Existing law also requires a state or local agency that files or is served with an elections-related claim arising under federal law to notify the Secretary of State and Attorney General within three (3) court days.
AB 1664 establishes additional notification requirements when election materials become the subject of law enforcement activity. Specifically, a local agency, political subdivision, or elections official must immediately, but no later than one (1) calendar day after becoming aware, notify the Secretary of State and Attorney General of any warrant, subpoena, or active law enforcement investigation concerning election records or certified voting technology in its custody or control. AB 1664 also authorizes the Secretary of State or Attorney General to intervene in or initiate court proceedings to challenge a warrant or subpoena on any valid ground or seek other appropriate relief. These requirements remain operative until January 1, 2030. AB 1664 took effect on September 19, 2026 as urgency legislation.
AB 1664 adds Section 23 to the Elections Code.
