LOS ANGELES (CN) — California Attorney General Rob Bonta said Monday his office has sued against the Southern California city of Huntington Beach over a recently passed charter amendment requiring people to show identification before voting.
“The right to freely cast your vote is the foundation of our democracy and Huntington Beach’s voter ID policy flies in the face of this principle,” Bonta said at a press conference.
In October, a fractious Huntington Beach City Council voted 4-3 to add three charter amendments to the March 2024 primary ballot. Among other things, those amendments gave the city the authority to take over control of its elections from Orange County and the power to ask voters for photo ID before casting a ballot, as well as mandating a minimum number of in-person polling places and monitored ballot boxes. Before the vote, Bonta and Secretary of State Shirley Weber sent a letter to the council, warning, "If the city moves forward and places it on the ballot, we stand ready to take appropriate action to ensure that voters’ rights are protected, and state election laws are enforced."
A former planning commission and resident Mark Bixby filed a lawsuit in December to block the referendum from the ballot. But an Orange County judge blocked the suit, finding judges may not "serve as an auditor of what the electorate may consider."
He added: "If this measure were to pass, and if its implementation raises an issue of constitutionality, at that point, it may be appropriate for judicial review."
And so the measure remained on the ballot. In March, it was approved by 53% of voters, enough to officially amend the city charter.
"The people of Huntington Beach have made their voices clear on this issue and the people's decision on the March 5th ballot measures for election integrity is final," said Huntington Beach City Attorney Michael Gates said, in an email. "To that end, the city will vigorously uphold and defend the will of the people."
Gates pointed out that state Senator David Min introduced a bill in February which would prohibit local governments from passing voter ID laws in local elections. Gates said this proves that Bonta and Weber are wrong — if passing voter ID laws was illegal, why was a new bill necessary?
"That blatant inconsistency speaks volumes," Gates said.
At the press conference Monday, Weber insisted it was already illegal for a local jurisdiction to pass laws regulating its elections.
"The Legislature has basically made it illegal for people to add ID requirements as voters," said Weber. "We warned them back in the fall."
Huntington Beach argued during the Bixby lawsuit that its status as a charter city allows it to regulate its own elections if it so desires. The judge never ruled on the merits of that argument.
"They have argued that their charter city status somehow allows them the ability to do things that are illegal under state law," Bonta said. "It does not."
The law, which applies only to voters who show up to vote in-person, is aimed at cutting down on voter fraud, which conservatives have long argued is an ever-present danger. But most evidence points to voter fraud being a rare occurrence. Progressives have argued voter ID laws have the effect of suppressing voter turnout, particularly in low-income and minority communities. The evidence for that argument is mixed.
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