Huntington Beach voter ID case still alive, kicked back to Orange County Superior Court

A three-judge appellate panel on Thursday kicked Huntington Beach’s voter identification case back down to the Orange County Superior Court, calling the lower court’s decision that the case was not ripe for decision “problematic.”

Last November, Judge Nico Dourbetas dismissed the state’s challenge of the constitutionality of the city’s voter ID law, Measure A. The measure was approved by Surf City voters last year and altered the city charter to allow for voter ID beginning in 2026.

The city has not detailed plans to implement such a law for next year’s election, and the language of the measure stated that it “may” implement voter ID, not that it will.

But the California Fourth District Court of Appeal panel asked Dourbetas to modify his order, granting the city’s motion to dismiss the case, within 10 days. If that doesn’t happen, the appellate court would take over and invite both parties to file briefs by March 10. Specifically, the court is asking the city to reveal if it intends to conduct voter ID checks beyond those required by state and federal law.

California Atty. Gen. Rob Bonta and Secretary of State Shirley Weber filed a writ of mandate on Feb. 13, asking the appellate judges to decide the merits of the case.

“We are grateful for, and encouraged by, the appellate court’s prompt action,” said Bonta said in a statement. “Our priority remains the same: making sure that Huntington Beach’s Measure A is struck down as quickly as possible.”

Thursday’s order, written by Judge Kathleen O’Leary, states that Huntington Beach’s city charter is now at odds with Elections Code section 10005. Outgoing Huntington Beach City Atty. Michael Gates has argued that the state constitution renders the elections code unconstitutional in regards to charter cities.

The order, however, calls Huntington Beach’s argument that it has a constitutional right to regulate its own municipal elections free from state interference problematic. It notes that municipal elections are consolidated with statewide elections, which takes the local elections outside of the home rule doctrine.

Weber, in a statement, said she is pleased with the direction the case is headed.

“I look forward to a resolution that protects California voters,” she said.

Gates did not immediately respond to requests for comment.