An Orange County judge on Thursday, Dec. 28, denied an attempt to prevent Huntington Beach from putting a charter amendment measure on the March ballot asking voters whether they wish to implement voter ID and other reforms.
In his ruling, Judge Nico Dourbetas wrote that the courts generally don’t do pre-election reviews of ballot contents. Only if the proposal passes and if its implementation raises issues of constitutionality may it then become appropriate for a judge to review, Dourbetas wrote.
“The court can only speculate about the potential results of a requirement for voter identification to vote in a Huntington Beach City election may have,” he said, adding the issue isn’t the subject for a trial “at this stage.”
Mark Bixby, who publishes the Surf City Sentinel Facebook page, filed the lawsuit in November.
City Attorney Michael Gates said his office was glad the court didn’t step in to stop the measures from being placed on ballots.
“This is the end of the road for (Bixby) and his lawsuit,” Gates said. “I think it’s pretty devastating.”
Voters in March will decide on three separate charter amendments: The first, if approved, would allow the city in 2026 to implement voter identification rules for city elections and monitoring of local ballot drop boxes; the second would set regulations for which flags the city can fly; and the third would move Huntington Beach to a two-year budget cycle and change the process for filling council vacancies.
A split City Council approved the three ballot measure in October.
Lee Fink, Bixby’s attorney, said the court got it wrong but understood its position.
“This is just one step,” Fink said. “This type of voter ID requirement is unlawful. The secretary of state has told the city that, the attorney general has told the city that … our petition makes clear that it’s illegal. We are gonna make sure that such a measure is never enacted or enforced in the city of Huntington…
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