Huntington Beach Wins Voter ID Law in Tacit Rebuke to AG Bonta

California Superior Court Judge Nico Dourbetas last Friday upheld the City of Huntington Beach’s voter ID law, rejecting a tendentious challenge from state attorney general Rob Bonta, who claimed the law would disenfranchise minorities.

The ruling, which Bonta can appeal, is a victory for election integrity and local autonomy. It is a tacit rebuke to Bonta’s condescending liberal pretensions that black people are so hapless and helpless that they don’t have and can’t get proper identification.

Huntington Beach officials have said they have a right to regulate local affairs and accused Bonta and Governor Newsom of “tyranny” for trying to interfere. Huntington Beach, which is predominantly Republican, is also suing the state over its law that allows educators to withhold from parents information about their child’s gender transitions at schools.

So Huntington Beach leaders  welcomed the judge’s decision as part of a larger battle.

In a statement about the judge’s ruling Huntington Beach Mayor, Gracey Van Der Mark hailed the decision as a victory for the City over state hegemony.

“Today, the Superior Court granted the City’s motion to dismiss the State’s lawsuit challenging the City’s new Voter ID law, “ she exclaimed. “This is a great day for our City – 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.”

The voter ID law is part of a ballot measure known that Huntington Beachers enacted this March with 53.4% in favor. It allows local officials to request that voters present ID at the polls and also increases polling locations and authorizes  greater monitoring of drop boxes.

The law is scheduled to take effect in two years.

But the month after the law was enacted Bonta and the Secretary of State Shirley Weber  filed a lawsuit to overturn it.

“The right to freely cast your vote is the foundation of our democracy and Huntington Beach’s voter ID policy flies in the face of this principle,” Bonta said in a statement. “State election law already contains robust voter ID requirements with strong protections to prevent voter fraud, while ensuring that every eligible voter can cast their ballot without hardship. Imposing unnecessary obstacles to voter participation disproportionately burdens low-income voters, voters of color, young or elderly voters, and people with disabilities. We’re asking the court to block Huntington Beach’s unlawful step toward suppressing or disenfranchising voters. The California Department of Justice stands ready to defend the voting rights that make our democracy strong.”

Like Bonta, Weber also played the race card in her statement about the lawsuit.

“This voter ID measure conflicts with state law,” she said. “Not only is it a solution in search of a problem, laws like these are harmful to California voters, especially low-income, the elderly, people of color, those with disabilities, and young voters.”

And during a press conference at his office announcing the lawsuit Bonta ranted that the “photo identification requirement is not only misguided, it is blatantly and flatly illegal.”

 “They have greatly overstated the authority they think they have,” he huffed. “They have willfully violated the law, they have brazenly violated the law. They know exactly what they are doing, and they are doing it anyway.”

The lawsuit argued that regulating elections to insure voter integrity was a matter of “statewide concern” that should preempt local laws.  Therefore the Huntington Beach measure conflicted with protections that are already in place, like asking voters to affirm their identity under penalty of perjury. “California [already] maintains a uniform and robust legal scheme for protecting the rights of eligible voters and safeguarding the integrity of the electoral process,” the lawsuit argued.

The lawsuit was not Sacramento’s only salvo at Huntington Beach. In September, Newsom signed into law SB 1174, which prohibits local officials from requiring that voters show identification.  The measure, sponsored by state Senator Dave Min, (D-Irvine) was a direct response to the Huntington Beach measure.

But Huntington Beach City Attorney Michael Gates told the California Globe that at a hearing on Bonta’s lawsuit earlier this month Judge Dourbetas rejected the state’s argument that SB 1174 should invalidate the Huntington Beach law.

Gates also argued at hearing on the lawsuit earlier this month that, as a charter city, Huntington Beach was entitled under Section 5 of  the California constitution to enact laws that regulate municipal elections.  Under the California constitution charter cities are entitled to enact laws on municipal affairs that trump state law.

Dourbetas ruled that the voter ID law was well within rights as a charter city, saying the law did not conflict with state measures.  “The Court finds that this matter is not ripe for adjudication, as § 705, subd. (a)(2) of the City’s Charter is permissive and discretionary in character, and thus currently presents no conflict with state elections law,” he wrote.

Doubetas gave Bonta 20 days to amend and refile the lawsuit. But Blalkely said he thinks it is more likely that Bonta would just appeal the judge’s decisions dismissing the case.

In a telephone interview, Gates  said that, “I was gratified” by the decision.  The judge saying that “he doesn’t see anything that violates state law is a vindication of the city’s position.”

“As a charter city Huntington Beach and Sacramento have been battling for years,” he explained. “Every time they want to take a swipe at Huntington Beach” Bonta and Newsom “ do this dog and pony show” with a press conference. “For them to get knocked down like this I think that is a blackeye.”

Gates expects a protracted battle.  “This is a long, long long fight. There are going to be lots of filing and appeal.”

Bonta also sounds like he is itching for a fight.

First, his press office issued a statement to the media blasting the decision after it was issued on Friday. “The court’s decision does not address the merits of the case,” it said.”We continue to believe that Huntington Beach’s voter ID policy clearly conflicts with state law, and will respond appropriately in court.”

Then, yesterday on Sunday, Bonta issued his own blistering pronouncement.

“Under both existing law and Senate Bill 1174, all local governments — including charter cities like Huntington Beach — are prohibited from disenfranchising voters at the polls by implementing voter ID requirements” he said. “Let me be clear: that has not changed. We disagree with the court’s decision that it is too early to bring our lawsuit, and remain confident in the strength of our case.”

But the decision was welcomed by Republican California Congressman Kevin Kiley (CA-3). “A court just threw out Newsom’s attempt to stop Huntington Beach from requiring voter ID,” Kiley wrote on Twitter. “Big win for the Coalition for Common Sense.”