California asked a state appeals court to overturn a measure in Huntington Beach that could require voters to present photo signs to vote in local elections after losing in Orange County Superior Court last month.
Atti. General Rob Bonta and Secretary of State Shirley N.
In April, Orange County Superior Court Judge Nico Dourbetas said the state did not indicate that “the voter’s proof of identity claims damages the integrity of municipal elections.” Huntington Beach Mayor Pat Burns called the ruling a "huge victory."
Bonta appealed to the Fourth Appeal District on Wednesday, where the state hopes to hold a more favorable hearing. In February, a three-judge panel in the Fourth District said Huntington Beach advocated “the constitutional right to regulate its own municipal elections without state intervention” but removed the case back to the Orange County Superior Court.
More than 53% of Huntington Beach voters support the Charter Amendment in the March 2024 election.
The amendment also requires Huntington Beach to provide 20 in-person voting venues and monitor voting boxes. The city has not shared plans on how to implement the law in next year's elections.
Representatives for Huntington Beach did not respond to requests for comment Thursday. The city's lawyers believe that the city's charter gives local officials autonomy to oversee municipal issues, including local elections.
Bonta and Weber believe that while California’s 121 “chartered cities” can manage their own municipal affairs, local laws cannot conflict with state laws on “state-wide concerns” issues, including the integrity of California’s elections and constitutional voting rights.
Voter ID law is one of several fronts that conservative officials in Huntington Beach have launched against California since the pandemic began on the 19th. The city used similar arguments in state housing laws, educational policies for transgender students and “Sanctuary State” immigration laws.
The issue of voter ID cards has become a flashpoint for conservative politicians, including President Trump, who asked California in January to enact a voter ID law to obtain aid for devastating Los Angeles-area wildfires.
California voters must verify their identity when registering for a vote, and the state imposes criminal penalties on fraudulent registration. California does not need photo identification in polls, but does require voters to provide their names and addresses.
Senate Bill 1174 may also be invalid.