By Jonathan Ellett
FAIR
California Attorney General (AG) Rob Bonta last week declared his intention to appeal the dismissal of his lawsuit against Huntington Beach’s voter ID law.
Huntington Beach’s new voter ID law, known originally as Ballot Measure A, was approved by voters with 54 percent of the vote in March of this year. The measure amended Huntington Beach’s city charter to require voters in municipal elections to present identification prior to casting a ballot, starting in 2026. Importantly, given Huntington Beach’s status as a charter city, Measure A also provided that if the ordinance were to conflict with state law, then “the provisions of this Charter shall control and prevail.”
The adoption of Measure A set off a firestorm in California. The legislature passed and Governor Gavin Newsom signed into law SB 1174, prohibiting local governments across the state from enforcing any voter ID laws. SB 1174 made it explicitly clear that it governed the conduct of charter cities, like Huntington Beach, as well.
Then, California Attorney General Rob Bonta filed a lawsuit in April alleging that Huntington Beach’s voter ID law was preempted by the State’s election laws, arguing the right to vote and voter eligibility constituted “statewide concerns.” Huntington Beach City Attorney, Michael Gates, decided to fight the AG’s lawsuit, asserting that the city maintains a constitutional right to govern its “municipal affairs.”
In Orange County Superior Court, Judge Nico Dourbetas ruled in favor of Huntington Beach and dismissed the AG’s lawsuit. In his opinion, Judge Dourbetas argued that because of the discretionary nature of the city’s charter, which incorporates the new voter ID law, the charter “currently presents no conflict with state elections law.” He also found that California had not presented sufficient facts to justify continuing the litigation. He gave the State of California 20 days to amend its petition. However, instead of filing an amended petition, AG Bonta allowed the 20 days to lapse so that he could request a judgment from the court and appeal on the merits as soon as possible.
City Attorney Michael Gates says he will continue to stand behind the democratic decision of Huntington Beach voters to adopt a voter ID law. In an email, he wrote that “[v]oter ID in Huntington Beach is the law of our land here, it’s our Constitutional right, and, it’s here to stay—I will make sure of that.”
Attorney General Bonta, on the other hand, is zealously fighting to strike down Huntington Beach’s voter ID ordinance. He has emphasized the importance of securing a ruling before 2026, when the voter ID law is scheduled to become effective. He said “With preparations for the 2026 elections beginning late next year, we want and need a state appellate court to weigh in expeditiously.”
The fate of Huntington Beach’s voter ID law will be tied up in the litigation process for the foreseeable future. However, its outcome will determine whether municipalities in the state can control their own elections and whether they are able to determine who is entitled to vote.
