Lawsuit fails to stop Huntington Beach from putting election reform measure on ballot

An Orange County judge on Thursday, Dec. 28, denied an attempt to prevent Huntington Beach from putting a charter amendment measure on the March ballot asking voters whether they wish to implement voter ID and other reforms.

In his ruling, Judge Nico Dourbetas wrote that the courts generally don’t do pre-election reviews of ballot contents. Only if the proposal passes and if its implementation raises issues of constitutionality may it then become appropriate for a judge to review, Dourbetas wrote.

“The court can only speculate about the potential results of a requirement for voter identification to vote in a Huntington Beach City election may have,” he said, adding the issue isn’t the subject for a trial “at this stage.”

Mark Bixby, who publishes the Surf City Sentinel Facebook page, filed the lawsuit in November.

City Attorney Michael Gates said his office was glad the court didn’t step in to stop the measures from being placed on ballots.

“This is the end of the road for (Bixby) and his lawsuit,” Gates said. “I think it’s pretty devastating.”

Voters in March will decide on three separate charter amendments: The first, if approved, would allow the city in 2026 to implement voter identification rules for city elections and monitoring of local ballot drop boxes; the second would set regulations for which flags the city can fly; and the third would move Huntington Beach to a two-year budget cycle and change the process for filling council vacancies.

A split City Council approved the three ballot measure in October.

Lee Fink, Bixby’s attorney, said the court got it wrong but understood its position.

“This is just one step,” Fink said. “This type of voter ID requirement is unlawful. The secretary of state has told the city that, the attorney general has told the city that … our petition makes clear that it’s illegal. We are gonna make sure that such a measure is never enacted or enforced in the city of Huntington Beach.”

The charter amendments have drawn organized opposition from some residents, including several former mayors, calling them an expensive solution in search of a problem. State leaders in September told city officials that the voting proposals conflict with state law.

Judge Dourbetas heard arguments from attorneys in the case Thursday morning.

Fink told the judge the proposal was “totally outside the city’s authority.” If it were to be approved, “Someone from the city manager’s office can show up at polling places and start asking for IDs,” he argued.

Peggy Huang, an attorney for Huntington Beach, argued to the judge that charter cities have the authority to determine how they will conduct local elections.

The American Civil Liberties Union and Disability Rights California filed an amicus brief in the case arguing the voter ID proposal was a “brazen attempt” to undermine voter protections and echoed arguments that it would be unconstitutional.

Ballots for the March primary must be mailed out to voters by Feb. 5.