Attorney General Bonta and Secretary of State Weber Appeal Huntington Beach Voter ID Decision

SACRAMENTO — California Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph.D. today filed a notice of appeal to reverse the Orange County Superior Court’s recent decision concerning Huntington Beach’s voter identification (voter ID) law, Measure A. Without citing any evidence that fraudulent voting occurs with any regularity in the city or has ever compromised the outcome of a municipal election, Measure A amended the city’s charter to purportedly allow the city to impose voter ID requirements at the polls for all municipal elections starting in 2026. On November 15, 2024, the Orange County Superior Court concluded that the state’s lawsuit against Huntington Beach was “not ripe for adjudication” because Measure A “is permissive and discretionary in character, and thus currently presents no conflict with state elections law.” On December 5, 2024, Attorney General Bonta and Secretary of State Weber announced their intention to appeal the court’s decision.  

“The Orange County Superior Court got it wrong — plain and simple. Secretary of State Weber and I firmly believe not only that the time is right for us to bring our lawsuit, but also that Huntington Beach’s voter ID policy is unlawful,” said Attorney General Rob Bonta. “Today, we are formally appealing the Orange County Superior Court’s decision. In the coming weeks, we will be filing a brief with the California Fourth District Court of Appeal setting forth the reasons we believe the trial court erred. Through it all, Californians can rest assured that we will be working tirelessly to ensure they are not disenfranchised at the polls. Our elections are already secure, and applicants who register to vote in California are already required to verify their identity during the registration process.”

“As California’s chief elections officer, I am responsible for the administration and enforcement of the state’s election laws,” said Secretary of State Shirley Weber. “Part of that role is ensuring that we encourage democracy through voter participation and stop attempts that burden democracy by preventing or discouraging eligible citizens from voting. Our state will continue to challenge any actions which violate state laws or hinder participation in our democracy.”

Filed on April 15, 2024, the state’s lawsuit alleges that Measure A is preempted by state law and invalid. Under the California Constitution, charter cities have the right to govern “municipal affairs,” but local law cannot conflict with state law governing a “statewide concern.” Both the integrity of California’s elections and the protection of the constitutional right to vote are matters of statewide concern. The lawsuit further argues that California already maintains a uniform and robust legal scheme for safeguarding the integrity of the electoral process and protecting the rights of eligible voters.

A copy of the notice of appeal can be found here.