O.C. judge reverses course, rules Huntington Beach voter ID case can be heard on merits

Huntington Beach’s voter identification case with the state of California will continue, after an Orange County Superior Court judge ruled Thursday that the case is ripe and can be heard on its merits.

Judge Nico Dourbetas had previously ruled in December that the state’s lawsuit against Huntington Beach over Measure A would be dismissed, because the measure “was permissive and discretionary in character.” Therefore, he said it did not conflict with state elections law.

California Atty. Gen. Rob Bonta and Sec. of State Shirley Weber appealed, and a three-judge panel of the California Fourth District Court of Appeal recently suggested that the matter was ripe, kicking it back down to the Orange County court.

Dourbetas’ order on Thursday vacated his December dismissal of the state’s challenge, as he now holds that the voter ID provision presents a “ripe justiciable controversy.”

“While the particular details of how voter identification will be implemented in municipal elections in Huntington Beach do not appear to be determined as of yet, the charter provision has been amended to permit imposition of voter identification requirements,” Dourbetas wrote.

He invited the city to elaborate if it contends that it can implement a voter ID requirement that doesn’t violate the state elections code, or if voter ID is a local matter that charter cities could implement per the state Constitution.

The next hearing in the case is set for April 3, in Dourbetas’ chambers, on the state’s petition for writ of mandate.

“Today is a good day. Our lawsuit against Huntington Beach can officially continue,” Bonta said in a statement. “All along, Secretary of State Weber and I have asserted that it is not too early to bring our lawsuit. Earlier this month, the California Fourth District Court of Appeal suggested that it agreed with us and asked the Orange County Superior Court to decide whether it would reverse course. The Orange County Superior Court has now done that, and a hearing on the merits will take place in April.”

Measure A, passed by 53% of Huntington Beach voters last March, changed the city’s charter to allow for voter ID requirements beginning in 2026. The language of the matter stated that the city “may” check for voter ID, not that it will.