In response to the lawsuit filed by the California government against the “Voter Identification Amendment” passed in the primary election in Huntington Beach (also known as Surf City) in early March, on April 18th, the city officials including the mayor of Huntington Beach, held a press conference announcing their commitment to uphold the will of the people and urging leaders of cities across California to fight together to protect local rights.
Huntington Beach voters passed the Voter ID Law with 53.4% of the votes in the primary, which requires voters to provide identification starting in 2026 for all municipal elections (excluding California and county elections); the city will provide more polling locations and monitor ballot drop-off boxes.
On April 15th, Attorney General, Robert Bonta, and Secretary of State, Shirley Weber, jointly filed a lawsuit against the city of Huntington Beach, claiming that the new law violates the state’s election laws (which do not require voter identification at the polls), creating barriers for low-income, minority, and colored voters to participate in elections.
Huntington Beach Mayor, Gracey Van Der Mark, stated, “There is no data or research to support these claims. Saying that low-income, minority, or colored individuals cannot obtain identification is an insult and racism towards us.”
“In fact, for many individuals growing up in low-income, minority communities, when government assistance is needed at some point, the first thing we are asked for is identification because the government knows we are smart enough and capable of obtaining identification,” Van Der Mark said. “Frankly, minorities and colored individuals are tired of being exploited by Sacramento politicians to push terrible legislation that ultimately has a negative impact on these communities.”
Van Der Mark shared her experience at the voting center where staff handed her a ballot after asking for her name and address without requesting identification, “If someone knows my name and address, they could potentially get my ballot,” unlike what Bonta claimed that the state election laws already provide strong protections. “Even countries less developed than the United States like Mexico require voter identification; you need identification to buy cigarettes, alcohol, houses, and apply for welfare.”
“San Francisco, Los Angeles, and other charter cities allow or consider non-citizens or felons to vote in elections, so Huntington Beach can also issue election integrity measures requiring identification. What applies to one charter city should apply to another charter city,” Van Der Mark stated. “For elected officials and governments, there is no greater responsibility than safeguarding the freedom and democracy of every corner of America.”
She said, “We used to live in an era where the government feared the people, but now it’s the people fearing the government, if this is not tyranny, I don’t know what is.” The government that is supposed to protect the people’s rights is trying to make them surrender, so no other city dares to stand up, “I call on other cities bullied by the state government to fight alongside us, we are stronger in numbers.”
Huntington Beach City Attorney, Michael Gates, elected through city voter elections, pointed out, “The attorney general’s lawsuit is against the people of Huntington Beach, going against the will of the people,” where almost everything in social life requires identification even children need to provide identification when registering for games; it is part of the daily activities of people in a civilized society.
Gates mentioned that the city exercises its right to local control over elections in accordance with Article 11, Section 5 B of the California Constitution. He reminded Bonta to learn from the former state Attorney General’s failure (2020 case of Redondo Beach), “The Appeals Court clearly stated in that case that under the California Constitution, local elections are local municipal affairs, and no new state legislation can override that.”
Gates also stated that even if State Senator Dave Min introduced SB1174 to try to prevent local implementation of voter identification laws, it cannot change the city’s decision based on the California Constitution and the will of the voters, “As one of the city’s top lawyers and top law enforcement officials, I will not sit idly by, nor allow the state to bully the city or attempt to deprive the city of the legitimate right to exercise local control.”
Deputy Mayor Pat Burns bluntly stated that he dislikes Governor Newsom and Bonta ruling California in a way that weakens and disrupts local governments, “We face their abuses and bullying behavior, which is a very dangerous situation.” He pointed out that in early May 2022, Newsom ordered the closure of Orange County beaches based on a photograph, “We can and have proven we can manage ourselves, and the ongoing lawsuits demonstrate their tyranny.”
Last year, Bonta also filed a lawsuit accusing Huntington Beach of violating the California Housing Element Law by not building more low-income housing units as mandated by the state. Gates said, “We did not file the lawsuit; they did.” Gates takes pride in fighting legal battles for the city and its residents, including protecting the city from the state government’s intent to build high-density housing and reclaiming $40 million in tax revenue. He said, “With the support of the City Council, we will respond to every lawsuit the state initiates against the city, defending the will of the people of this great city.”
State Senator Dave Min introduced the SB1174 bill in February, which prohibits local governments from enacting or enforcing regulations requiring individuals to show identification when submitting a ballot, including charter cities. On April 2nd, the State Senate Committee on Local Government passed SB1174 by a vote of 6:1, and a hearing will be held on May 1st.
Min, a former Assistant Law Professor at UC Irvine, will run for the 47th District of Congress in November 2024, alongside Republican candidate Scott Baugh who received 32.1% of the vote in the primary while Min received 25.9%.
Huntington Beach City Councilor and former Mayor Tony Strickland stated, “On the one hand, the Attorney General believes city laws are illegal; on the other hand, the State Assembly is proposing new laws to declare city laws illegal. What are they afraid of?” He said, “We will strive to promote the people’s will in every way possible.”
In the 2024 elections, 36 states in the U.S. require some form of voter identification; whereas 14 states like California, New York, New Jersey, Minnesota, and Washington D.C. do not require it. Strickland urged leaders of all California cities to join Huntington Beach in advocating for voter identification from the bottom up because it won’t happen top-down.
“The Governor and Attorney General are trying to tell us how to do our jobs,” Strickland emphasized, pointing out their failures in many aspects in Sacramento, “Do your job, and we’ll do ours.” ◇