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California appeals Huntington Beach voter ID lawsuit

The California Attorney General’s office on Tuesday filed a notice of appeal in its lawsuit against Huntington Beach’s voter ID law, hoping for a higher court to reverse an earlier dismissal and weigh in on the case.

“The Orange County Superior Court got it wrong — plain and simple,” Attorney General Rob Bonta said in a statement. “Secretary of State Weber and I firmly believe not only that the time is right for us to bring our lawsuit, but also that Huntington Beach’s voter ID policy is unlawful.”

Tuesday’s appeal puts in motion for the attorney general’s office to file a brief in the coming weeks in the California Fourth District Court of Appeal, Bonta said.

Huntington Beach voters last March approved Measure A, which added voter ID language to the city charter to allow the city to start requiring identification in city elections starting in 2026.

The attorney general’s office has long said voter ID requirements are illegal in the state and the law could throw the 2026 elections “into chaos” once planning for them begins late this year.

It sued in April to get the law invalidated by a judge. But Orange County Superior Court Judge Nico Dourbetas in December dismissed the case after ruling it was not “ripe for adjudication” and that the charter’s language currently did not conflict with state elections law.

After Dourbetas ruled against the state, he allowed the attorney general’s office to amend its lawsuit. But the attorney general’s office declined that option and instead asked for an appealable judgment from the court.

City Attorney Michael Gates said in a Tuesday email that his office will continue fighting the state’s efforts. He said he suspects the court of appeal will reject the state’s effort “for failure to exhaust Superior Court remedies” by not filing an amended lawsuit.

“Regardless of what court this battle is in, I will fight vigorously for Huntington Beach to keep its voter ID law,” Gates said. “It is our right, and I will protect it.”

Secretary of State Shirley Weber said in a statement that part of her job is “ensuring that we encourage democracy through voter participation and stop attempts that burden democracy by preventing or discouraging eligible citizens from voting.”

Bonta added that people’s identity is verified when they register to vote in California.

Councilmembers have said it’s their intention to get the voter ID requirements in place for next year, but have said vote-by-mail and the ability for completed ballots to be collected by another person will remain.

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