Attorney General Bonta and Secretary of State Weber Again Urge Appellate Court to Intervene in Huntington Beach Voter ID Lawsuit

Appellate court previously expressed reservations about arguments advanced by Huntington Beach

SACRAMENTO — California Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph.D. today requested relief from the California Fourth District Court of Appeal, Division Three concerning the City of Huntington Beach’s voter identification (voter ID) law, Measure A. With scant analysis, the lower court — the Orange County Superior Court — denied on April 7 the State’s petition for writ of mandate, which asserted that state law prohibits and overrides Measure A. According to the lower court, the City’s voter ID rules could be imposed because conflicting state law “do[es] not implicate matters of statewide concern.” Today’s filing asks the appellate court to intervene by setting aside the April 7 order and directing the Orange County Superior Court to grant the State’s petition for writ of mandate.

“Secretary of State Weber and I continue to believe that the Orange County Superior Court got it wrong. As a result, we’re once again asking the California Fourth District Court of Appeal to step in,” said Attorney General Bonta. “Our elections are already secure, and applicants who register to vote in California are already required to verify their identity during the registration process and at the polls. We remain confident that Measure A will ultimately be struck down, especially because the appellate court previously expressed reservations about Huntington Beach’s argument that it can regulate its elections without any state interference.”  

“The City's unapologetic efforts to impose voter identification requirements in its local elections clearly violate state law,” said Secretary of State Weber. “It is an unfortunate continuation of a long line of voter suppression efforts that would disenfranchise its residents and has no place in California.”

Attorney General Bonta and Secretary of State Weber first requested relief from the California Fourth District Court of Appeal on February 13, asking the court to resolve the whole case on the merits rather than solely on the narrower question of ripeness. A week later, a three-judge panel of the appellate court issued a unanimous order. According to the order, the lower court’s “conclusion that this matter is not ripe for decision is problematic” and the City’s argument that “it had a constitutional right to regulate its own municipal elections free from state interference . . . is also problematic.” The appellate court also instructed the lower court to decide whether it would modify its earlier orders granting the City’s motion to dismiss the case. On February 27, the Orange County Superior Court vacated its earlier orders, concluded that “there is a ripe justiciable controversy,” and set a hearing on the State’s petition for writ of mandate. 

In this filing, Attorney General Bonta and Secretary of State Weber argue that the appellate court’s intervention is necessary because this case presents an issue of great statewide, public importance with significant implications for the successful administration of upcoming elections, the protection of the right to vote, and the constitutional separation of powers between charter cities and the State.

A copy of today’s filing can be found here.