Election integrity won a victory Friday when a judge in Orange County, California, ruled that Huntington Beach could move forward with its voter ID law despite Gov. Gavin Newsom’s administration objecting to it.
In March, the city, not shy about challenging the state’s Democratic government, voted for a ballot measure that would allow election officials to require voter ID at the polls starting in 2026. Section 705 The city’s statutes provide (emphasis mine):
As in section 300The City Charter shall establish the terms of office of the City’s election officials, the length of their terms, and the election cycle in which election for the offices of the City’s election officials shall occur.
However, in April, California Attorney General Rob Bonta and Secretary of State Shirley Weber arrived filed a lawsuit She is challenging the measure, claiming it violates state law. An engaging point here is that Huntington Beach is a charter city and its laws regarding “municipal matters” take precedence over state laws. Nonetheless, Bonta and Newsom maintain that state law prevails on matters of “statewide concern,” which, they claim, includes the eligibility to vote and the right to vote in local, state and federal elections.
Another point of criticism was the Governor of California, Gavin Newsom, in September signed legally Senate Bill 1174, which would prohibit local governments from requiring voter ID in local elections. And yes, this law was specifically aimed at those upstarts in Huntington Beach who had the courage to think differently. However, this is not (yet) the basis on which the State has challenged the Huntington Beach determination.
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Still, Supreme Court Justice Nico Dourbetas issued an order Friday dismissing the state’s lawsuit, ruling that the matter was not ripe for adjudication because the provision was permissive (that is, it allowed the city to issue an ID card to demand and therefore does not contradict the law). State law provisions to which the state has asserted its claim).
🚨BREAKING NEWS🚨 The state of California’s challenge to the city of Huntington Beach’s up-to-date voter ID law was rejected by the court today. Fights produce victories gigantic and tiny; overturning achieves nothing. 🔥🔥🔥
cc @elonmusk @realDonaldTrump @drdrew @adamcarolla @ChefGruel pic.twitter.com/ANWKH8gZJp
— Michael E. Gates (@MichaelGatesESQ) November 15, 2024
Here is a little more to the verdict:
HUNTINGTON BEACH, Calif. – A judge rejected California’s ruling Friday Lawsuit against the City of Huntington Beach on a local measure allowing officials to require voter ID at the polls.
Orange County Superior Court Judge Nico Dourbetas ruled that existing state law does not block the local measure, which was approved by voters earlier this year. The ruling could pave the way for the majority-Republican city to implement one of California’s only voter ID requirements in local elections.
“It’s a huge bruise on the state of California,” prosecutor Michael Gates said of the ruling. “And what the state of California needs to know, if it hasn’t figured it out already, is that Huntington Beach will not be intimidated or deterred.”
Bonta also reacted to the verdict: note down his disagreement with this:
“Under both current law and Senate Bill 1174, all local governments – including charter cities like Huntington Beach – are prohibited from disenfranchising voters at elections by imposing a voter ID requirement. Let me be clear: nothing has changed. We disagree with the court’s decision that it is too early to file our lawsuit and remain confident in the strength of our case.”
As suggested in Bonta’s statement, Friday’s verdict is not the end of the investigation. This is a procedural decision rather than a decision on the merits, and the order itself gives the state 20 days to amend its petition and will presumably do so to incorporate the newly passed SB 1174. And if the court ultimately rules in favor of Huntington Beach, Bonta’s office will likely appeal that decision.
Still, as Attorney General Michael Gates noted, it is a victory and a message that Huntington Beach will not be intimidated or deterred by the state’s saber rattling.
Additionally, there is no word yet on when Bonta plans to sue the cities of Berkeley or Oakland (also charter cities) over their rights recent move Allow 16- and 17-year-olds to vote in local elections, even though the voting age in the state is 18. Let’s not hold our breath…
