Appellate court strikes down voter ID requirement in Huntington Beach
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Any attempt by Huntington Beach to institute voter identification measures violates state elections law, an appellate court ruled Monday.
Huntington Beach voters passed the Measure A charter amendment in a March 2024 special election that gave Surf City leaders the authority to institute voter ID for municipal elections in 2026. But the state Fourth District Court of Appeal ruled Monday that cities do not have the authority to define voting parameters.
Huntington Beach resident Mark Bixby filed a lawsuit against the city over the voter ID requirement, as did state Atty. Gen. Rob Bonta and Secretary of State Shirley Weber. They appealed when Orange County Superior Court Judge Nico Dourbetas sided with Huntington Beach, ruling earlier this year that voter ID did not compromise the integrity of a local election
The three-judge Division 3 panel comprised of Joanne Motoike, Thomas Delaney and Maurice Sanchez, heard oral arguments on Oct. 22 in Santa Ana for both cases, and Monday’s ruling applies for both.
The appellate panel ruled that a voter identification requirement was preempted by Elections Code 10005, which states that local governments cannot mandate the showing of ID unless it is required by state or federal law. The code was updated after Senate Bill 1174, authored by then-state Sen. Dave Min, passed last year.
“Voting is the fundamental right from which all other rights flow, and no matter where threats to that right come from — whether from Washington, D.C. or from within California — we will continue holding the line,” Bonta said in a statement. “California’s elections are already fair, safe, and secure. No city in our state, charter and non-charter alike, can make it more difficult for voters to cast their ballots.”
Monday’s ruling directs Dourbetas to issue a writ of mandate invalidating the voter ID portion of the Huntington Beach city charter, as well as to enter a permanent injunction barring the city from implementing it. Additionally, the appellate judges told him to issue a judgment that the relevant portion of the city charter — section 705, subdivision A2 — is preempted by and violates California law.
Huntington Beach can appeal and seek review by the California Supreme Court. Bixby’s lawyer, Lee Fink, said the city has a 10-day window to do so once the Court of Appeal decision becomes final, which is expected to be in early December.
“The city is reviewing the appellate court’s decision and evaluating next steps,” Huntington Beach spokesman Corbin Carson said in an email Monday.
Bixby, who publishes the Surf City Sentinel, said in a statement that he was gratified by the appellate court’s decision.
“Voter ID disenfranchises voters and has shown no benefit to election integrity,” Bixby said. “But this is an example of a huge waste of taxpayer money.”
He called last year’s special election and subsequent defense of voter ID another example of “frivolous litigation” by city leadership, including on housing and library issues.
“It’s time for the Huntington Beach City Council to stop with its MAGA politics of division and do some good for the people of Huntington Beach,” Bixby said.
