A proposal before the Huntington Beach City Council to require voter identification for local elections isn’t sitting well with some top Sacramento leadership.
California’s Attorney General Rob Bonta and Secretary of State Shirley Weber sent a letter to city leaders Thursday, Sept. 28, warning the proposal conflicts with state election laws.
In a statement, Bonta said they “stand ready to take appropriate action to ensure that voters’ rights are protected” — though didn’t say what that would look like. The council is slated to make a decision on Oct. 5.
“The right to freely cast your vote is the foundation of our democracy,” Bonta said. “State elections law are in place to ensure the fundamental right to vote without imposing unnecessary obstacles that can reduce voter participation or disproportionately burden low-income voters, racial and ethnic minorities, the elderly, or people with disabilities. Huntington Beach’s proposed amendment violates state law and would impose additional barriers to voting.”
Under state law, voters at the polls are only required to provide their name and address. Eligibility to vote is determined by the county registrar and the Secretary of State when voters register.
City Attorney Michael Gates called Bonta’s letter “another scare tactic” with little merit. Gates said charter cities – Huntington Beach is among dozens in the state – have the authority to conduct city elections, and Bonta’s letter appears to be more concerned about policy than the legality.
“How Huntington Beach votes in its election and what verification it requires is not a matter of statewide concern,” Gates said. “He’s demonstrably overreaching and undermining what it means for a state law to be a matter of statewide concern.”
There are three charter amendments the council has been discussing for the March primary ballot, with each bundling together several reforms. They are supported by the council majority. The first would require voter identification for city elections, more in-person voting locations and the monitoring of ballot drop boxes. The other proposals limit the types of flags that the city can display, move the city to a two-year budget cycle and mandate voter approval if the city engages in a transaction that would force it to forgo property taxes.
Weber said the voter ID requirement would violate the legal framework already in place, as well as place undue burden on the voter to prove their identity and right to vote.
“We cannot turn back the clock on voting rights,” Weber said. “Voter ID requirements at the polls have historically been used to turn eligible voters away from exercising the franchise, especially low-income voters and voters of color. Not only is the action unlawful, it is also unnecessary because California already has guardrails in place for establishing both eligibility of each voter and for confirming their identity when returning their ballot.”
Mayor Tony Strickland could not be immediately reached for comment Thursday afternoon, but has previously said he wants the measure to appear on the March ballot so it gets more attention.
State Sen. Dave Min, D-Irvine, who represents a large swath of Orange County, including Huntington Beach, urged the council to reject the “extremist, unnecessary and unlawful proposal” and focus on the issues that matter to Huntington Beach residents.
“Voting rights are at the heart of our democracy,” Min said in a statement. “As I noted back in early August, Huntington Beach’s proposal to institute new voter ID requirements and ballot box monitoring seemed unlawful and likely to lead to voter intimidation and racial profiling.”
Bonta’s letter came on the same day the City Council was set to consider a proposal by Councilmembers Dan Kalmick and Natalie Moser – who are typically in the minority – to ask the attorney general to review the legality behind placing the measures on the March ballot.
