O.C. judge issues formal decision on voter ID in Huntington Beach, paving way for state to appeal

An Orange County judge said Monday that he would enter a formal order in Huntington Beach’s ongoing legal battle with the state of California over voter identification laws.

Atty. Gen. Rob Bonta and Secretary of State Shirley Weber decided not to file an amended complaint after Judge Nico Dourbetas granted Huntington Beach’s motion for dismissal of the state’s case against the city, which was filed following the passage last spring of Measure A. The measure’s approval allowed officials to ask people to present ID before casting a ballot in Huntington Beach municipal elections.

Because Huntington Beach voters approved Measure A, Section 705 of the city charter now states in part that the city may implement voter ID for local municipal elections beginning in 2026.

Dourbetas concluded last month that the issue was “not ripe for adjudication” and Surf City voter-backed changes via Measure A currently presented no conflict with state elections law.

Instead of amending their complaint, Bonta and Weber sought an appealable order, and now will have it, following Monday morning’s hearing.

Preparations for the 2026 elections are expected to begin late in 2025, leaving the state eager to resolve the issue as soon as possible.

Huntington Beach Mayor Pat Burns heralded Monday’s decision in a statement, calling it a big loss for the state of California and a major success for the city of Huntington Beach while acknowledging the battle is not over.

“My City Council colleagues and I will not back down amidst pressure from the state, we will continue to fight for the will of our residents,” Burns’ statement read. “I want to thank our City Attorney Michael Gates for his hard work and ongoing efforts in defending our city from state overreach.”

Gates, who has maintained that Huntington Beach’s charter city status allows it to hold local elections as it sees fit, took to social media platform X to post a video addressing Bonta.

“Obviously, the next step is probably going to be that they appeal,” Gates said in an interview Monday. “They have different options available, but it’s obviously a good win for Huntington Beach to get some closure on that, at least at this stage, and it’s a good win for election integrity measures and voters in the city.”

Bonta has maintained that voter ID violates state law. California is one of 14 states nationwide that typically do not require any form of identification when voting, though identities are verified during the registration process.

Bonta and Weber sued the city in April and vowed to appeal Dourbetas’ decision earlier this month.

“We sought, and have now secured, an appealable order from the Orange County Superior Court,” Bonta said in a statement Monday. “We look forward to filing our appeal and making our case before the California Fourth District Court of Appeal that Huntington Beach’s voter ID policy is unlawful.”

Another wrinkle to the voter ID issue is Senate Bill 1174, prohibiting local governments from requiring ID in elections. The bill was authored by state Sen. Dave Min (D-Irvine).

Gov. Gavin Newsom signed it into law in September, but Gates has called it unconstitutional as it relates to charter cities.