(The Center Square) – A California judge ruled the City of Huntington Beach can keep its new rule requiring voters to present identification — for the time being.
“The Court finds that this matter is not ripe for adjudication, as [the change to] the City’s Charter is permissive and discretionary in character, and thus currently presents no conflict with state elections law,” ruled California Superior Court Judge Nico Dourbetas.
Earlier this year, California Gov. Gavin Newsom signed a bill banning voter ID requirements in the state. The bill did not have an urgency clause, meaning it goes into effect next year.
California Attorney General Rob Bonta filed his lawsuit against Huntington Beach after the Huntington Beach voter ID law passed but before the statewide voter ID ban passed. This led Huntington Beach City Attorney Michael Gates to question how the state could sue against a measure lawmakers were in the process of banning with new legislation.
“The Attorney General’s press release that the city’s Voter ID requirements violate state law is inconsistent with, in fact in direct conflict with, (state) Sen. David Min’s, D-Irvine, new bill attempting to make Huntington Beach’s Voter ID illegal,” said Gates at the time.
Because the statewide ban on voter ID did not have an urgency clause or any other effective date, it does not go into effect until January 2025. Thus, while Bonta’s case may not be “ripe,” now, the case could be ready for court early next year.
Dourbetas gave Bonta 20 days to amend the state’s petition, which Bonta seemed ready to carry on.
“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,” said Attorney General Bonta in a statement on Sunday. “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.”
Huntington Beach Mayor Gracey Van Der Mark celebrated the likely temporary victory, referencing the state’s other lawsuits against the 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,” said Van Der Mark. “We will not back down and will continue to fight for the City.”
In the same city statement, Gates noted he anticipated the case “isn’t over.”
Earlier this year, Bonta also sued Huntington Beach for not zoning for enough dense housing. In that case, courts ruled in the state’s favor.
