After losing last month in Orange County Superior Court, the state of California is asking a state appellate court to overturn a Huntington Beach measure that could require voters to present photo identification to cast ballots in local elections.
Atty. Gen. Rob Bonta and Secretary of State Shirley N. Weber, the state’s top elections official, have been tangling with Huntington Beach in court for more than a year over Measure A, which amends the city charter to say that local officials “may” require photo ID for municipal elections starting in 2026.
In April, Orange County Superior Court Judge Nico Dourbetas said the state had not shown that “a voter identification requirement compromises the integrity of a municipal election.” Huntington Beach Mayor Pat Burns called the ruling a “huge victory.”
Bonta appealed Wednesday to the 4th Appellate District, where the state hopes for a more favorable hearing. In February, a three-judge panel from the 4th District said that Huntington Beach’s assertion of a “constitutional right to regulate its own municipal elections free from state interference” was “problematic,” but kicked the case back down to Orange County Superior Court.
More than 53% of Huntington Beach voters supported the charter amendment in the March 2024 election.
The amendment also requires that Huntington Beach provide 20 in-person polling places and to monitor ballot drop boxes. The city has not shared plans on how the law could be implemented in next year’s elections.
A representative for Huntington Beach didn’t respond to requests for comment Thursday. The city’s lawyers have argued that the city charter gives local officials autonomy to oversee municipal issues, including local elections.
Bonta and Weber contend that while California’s 121 “charter cities” can govern their own municipal affairs, local laws can’t conflict with state laws on issues of “statewide concern,” including the integrity of California elections and the constitutional right to vote.
The voter ID law is one of several fronts in the ongoing battle that conservative officials in Huntington Beach have waged against California since the start of the COVID-19 pandemic. The city has used similar arguments about its charter city status in fights over state housing laws, education policies for transgender students and “sanctuary state” immigration laws.
The issue of voter ID has become a flashpoint with conservative politicians, including President Trump, who in January demanded that California enact a voter ID law in order to receive aid for the devastating Los Angeles area wildfires.
California voters are required to verify their identities when they register to vote, and the state imposes criminal penalties for fraudulent registration. California does not require photo identification at the polls but does require that voters provide their names and addresses.
The photo ID measure may also be invalidated by Senate Bill 1174, which Gov. Gavin Newsom signed last fall, which bars local election officials from requiring photo identification in elections.
