In a statement, California Attorney General Rob Bonta's office said the appellate court denied their request "based solely on where we filed the case and is not a ruling on the underlying of the petition."
Riverside County Sheriff Chad Bianco, who is running for governor, seized more than 611,000 ballots from the Prop 50 special election in which voters approved a redistricting measure that shifted five of California's Republican U.S. House seats to be more favorable to Democrats in the midterm elections this year.
Bianco claimed his agency was investigating a complaint from a local group alleging a possible discrepancy in which about 45,800 more votes were reported to California's Secretary of State. He described the probe as a "fact-finding mission."
Secretary of State Shirley Weber said the allegations of discrepancies "lack credible evidence and risk undermining public confidence in our elections."
County elections officials also disputed Bianco's claim, saying the machine count and the final count submitted to the state differed by about 100 votes. The Riverside County Registrar of Voters said it "will continue to comply with all lawful court orders and with all legal obligations applicable to election materials and election administration."
Bonta said his office has sent letters to Bianco's agency over the last two months echoing Weber's sentiment that his staff was not qualified to conduct a recount and that investigation sows distrust in elections.
Until March, most polls showed Bianco, a Republican, and conservative commentator Steve Hilton in the top two spots.
"The challenge could be that Democrats, in splitting up their 60% of the pie, split it up in such small pieces that you have candidates getting 8%, 10%, 12%, 14%, 19%," political consultant Paul Mitchell said.
According to the UC Berkeley-Politico poll, Hilton still holds the top spot with 19%, Steyer comes in at second with 13%, and the other candidates are trailing close behind:
Swalwell, 11%Bianco, 11%Former Rep. Katie Porter, 11%Former State Attorney General and Health Secretary Xavier Becerra, 5%Bianco said the investigation had "absolutely nothing to do" with his campaign for governor.
"I have a duty to investigate alleged crime in Riverside County," he said.
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