Huntington Beach can move ahead with requiring voter ID for local elections after an Orange County Superior Court judge ruled the city isn’t blocked from doing that by state election law.
The decision comes as voters are on track to elect a city clerk who’s pledged to implement voter ID after the city’s voters approved a ballot initiative in March that added language to the city charter that allows requirements for voter ID in local elections.
[Read: Voter IDs, Noncitizen Voting: Two Orange County Cities Fuel Opposing Debates on Voting]
It remains unclear how city leaders will implement requirements for voter ID at the ballot box, but they’ve already said it will not apply to anyone who submits a mail-in ballot.
It’s the city’s first big win in a series of ongoing lawsuits with the state government over zoning for housing, how books get bought for libraries and other issues, with state Attorney General Rob Bonta previously saying the city’s voter ID would disenfranchise voters last April.
[Read: CA Attorney General Sues Huntington Beach Over Voter ID Law]
Governor Gavin Newsom also signed into law a ban on voter ID for California cities in September.
“A local government shall not enact or enforce any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of voting or submitting a ballot at any polling place, vote center, or other location where ballots are cast or submitted, unless required by state or federal law,” reads the new law. “For the purpose of this section, ‘local government’ means any charter or general law city, charter or general law county, or any city and county.”
The law was authored by State Senator Dave Min, who said it was a direct response to Huntington Beach’s voter ID charter amendment.
Despite that, OC Superior Court Judge Nico Dourbetas, whose ruling did not mention the new state law, argued that the matter was “not ripe for adjudication.”
“The City’s Charter is permissive and discretionary in character, and thus currently presents no conflict with state elections law,” Dourbetas wrote.
To read the whole order, click here.
Dourbetas also noted that the state would have 20 days to file an amended petition, which could keep the lawsuit going.
In a statement on Friday morning, Huntington Beach Mayor Gracey Van Der Mark and City Attorney Michael Gates praised the ruling.
“This is a great day for our City,” Van Der Mark said. “We have not only successfully defended our City’s Voter ID law, but also the rights of our residents from attacks by Governor Newsom and the State. We will not back down and will continue to fight for the City.”
Gates acknowledged the legal battle would likely continue, but thanked the court.
“While we anticipate this fight isn’t over, we are pleased with the Court’s fair and just evaluation of the weakness of the State’s legal case,” Gates said. It’s always an honor to fight for Huntington Beach, for the integrity of our elections systems, and for just outcomes under the law.”
Noah Biesiada is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at nbiesiada@voiceofoc.org or on Twitter @NBiesiada.
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