The California attorney general’s office plans to appeal a November ruling in the state’s lawsuit against Huntington Beach’s voter ID law, where a judge said the it was too early to decide on the dispute.
Voters approved Measure A in March, which added language to the city charter that allowed Huntington Beach to start implementing voter ID requirements in city elections beginning in 2026. The city hasn’t detailed plans yet for what that would exactly look like, but officials have said vote by mail and ballot harvesting would still continue.
The attorney general’s office has argued that state law does not allow cities like Huntington Beach to implement voter ID laws and sued in April to stop the city.
Orange County Superior Court Judge Nico Dourbetas ruled in favor of Huntington Beach in November, saying that the case was not “ripe for adjudication” and that the charter’s language currently did not conflict with state elections law.
Attorney General Rob Bonta and Secretary of State Shirley Weber, whose office oversees elections in the state, said in a statement on Thursday, Dec. 5, that they disagreed with that ruling and want an appeals court to weigh in on the lawsuit.
“Secretary of State Weber and I continue to believe that Huntington Beach’s voter ID policy is unlawful. That’s why, today, we are announcing our intention to appeal the Orange County Superior Court’s decision holding that it is too early to bring our lawsuit,” Bonta said.
“With preparations for the 2026 elections beginning late next year, we want and need a state appellate court to weigh in expeditiously,” Bonta added. “When that happens, we are confident that we will prevail.”
Dourbetas’ ruling allowed the state to amend its lawsuit and try again in trial court, but the attorney general’s office is not going down that path.
Instead, the office filed a request for entry of judgment on Thursday that asks for an appealable judgment from the court as soon as possible, “to give the parties the necessary time to resolve the issues presented by this matter before the planning for the 2026 elections begins.”
Huntington Beach city attorney Michael Gates said in a statement Thursday that the city agreed with Dourbetas’ ruling and it is “pleased the State is admitting defeat in its Voter ID lawsuit against the City.”
“They should focus on building our California society around law and order, not lawlessness,” Gates said. “Regardless of the path the State continues down to (eliminate) Voter ID requirements, I will continue to fight for Huntington Beach’s’ elections integrity laws in court. Voter ID in Huntington Beach is the law of our land here, it’s our Constitutional right, and, it’s here to stay – I will make sure of that.”
The attorney general’s office said Thursday that Huntington Beach has not cited any evidence that fraudulent voting occurs “with any regularity in the city or has ever compromised the outcome of a municipal election.”
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“Measure A is a solution in search of a problem,” Weber said. “In California, we champion people’s voices, we do not suppress them. We encourage participation in our democracy, we do not burden it. We will continue to challenge the city’s action which violates state law.”
City officials have not alleged that voter fraud has occurred but instead that voter ID requirements are a popular policy.
Gov. Gavin Newsom in September signed SB 1174, which said no governing body overseeing elections in California, including charter cities, can require voters to present ID at voting centers. The law was written in response to Measure A’s passage.
The attorney general’s office has argued that even before the state law was signed — it doesn’t take effect until next year — the city’s voter ID law still was in violation of state elections law.
The city’s new all-conservative City Council that formed this week after the swearing in of three new members has vowed to keep the fight going with the state on a range of issues including voter ID.
“I will be by Michael’s side as we fight for voter ID,” said Councilmember Butch Twining on Tuesday.