Opinion

P. ex rel. Bonta v. City of Huntington Beach

Court
California Court of Appeal
Filed
Nov 3, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 36.6%

The opinion

Filed 11/3/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE ex rel. ROB BONTA,

as Attorney General, etc., et al.,

G065589

Plaintiffs and Appellants,

(Super. Ct. No. 30-2024-01393606)

v.

OPINION

CITY OF HUNTINGTON BEACH et

al.,

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County,

Nick A. Dourbetas, Judge. Reversed and remanded with directions.

Rob Bonta, Attorney General, Thomas S. Patterson, Senior

Assistant Attorney General, Seth E. Goldstein and Michael S. Cohen, Deputy

Attorneys General, for Plaintiffs and Appellants.

ACLU Foundation of Southern California, Peter Eliasberg and

Julia Gomez for ACLU of Southern California, ACLU of Northern California,

and ACLU of San Diego and Imperial Counties as Amici Curiae on behalf of

Plaintiffs and Appellants.

Cooley, Kathleen R. Hartnett, Matt K. Nguyen, Kristen Adrina

Johnson and Ana Alicia Bordallo for Asian Americans Advancing Justice

Southern California, Asian Law Caucus, California Black Power Network,

and Disability Rights California as Amici Curiae on behalf of Plaintiffs and

Appellants.

Michael J. Vigliotta, City Attorney; JW Howard/Attorneys, John

W. Howard, Scott Street, Michelle Volk, Peter Shelling, and Mitchell Stein

1

for Defendants and Respondents.

Law Office of Chad Morgan and Chad D. Morgan for James V.

Lacy, United States Justice Foundation, and California Public Policy

Foundation as Amici Curiae on behalf of Defendants and Respondents.

* * *

THE COURT:*

In recent years, a vigorous nationwide debate has arisen over

whether voters should be required to present identification at the polls to

vote. Proponents of such a requirement contend it is necessary to protect

against voter fraud and ensure the integrity of elections. Opponents argue it

1

The American First Legal Foundation, James K. Rogers,

Nicholas Barry, and Ryan Gianetti are also listed as counsel on the caption of

the defendants’ Brief. Rogers, Barry, and Giannetti are not licensed to

practice law in the State of California and did not apply to this court for pro

hac vice admission. The court declines to recognize them as counsel of record

in this case.

* Before Motoike, Acting P. J., Sanchez, J., and Delaney, J.

2

is unnecessary in light of the extreme rarity of documented cases of voter

fraud and harms electoral legitimacy by discriminating against historically

disadvantaged groups for whom obtaining such identification is more

difficult.

We are not called upon to resolve this debate. Instead, this case

presents us a much narrower, simpler question: Is voter identification a

matter of “‘integrity of the electoral process,’” which our Supreme Court has

held is a matter of statewide concern, whether presented in statewide or local

elections? (Johnson v. Bradley (1992) 4 Cal.4th 389, 409.) We conclude it is,

and that as a result Elections Code section 10005 preempts section 705,

subdivision (a)(2) of the Huntington Beach City Charter, which purports to

permit Huntington Beach to require voters to present identification to vote in

municipal elections.

STATEMENT OF FACTS

Huntington Beach (the City) is a charter city in Orange County.

In 2023, the City Council placed on the ballot a measure to amend section

702 and add section 705 to the City Charter. (Voter Information Guide,

Primary Elec. (Mar. 5, 2024) text of Measure A.) (Measure A.) The

amendment to section 702 called for the City Charter’s election rules to

supersede the state Elections Code. The newly added section 705 stated (as

relevant here): “(a) Beginning in 2026, for all municipal elections:” “(2) The

City may verify the eligibility of Electors by voter identification.” These two

changes were packaged together as City of Huntington Beach Measure A on

the ballot for the March 5, 2024 Presidential Primary ballot. Measure A

passed by a total vote of 32,892 to 28,701.

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In response, the Legislature enacted (and the Governor signed)

Senate Bill No. 1174 (2023-2024 Reg. Sess.), which added section 10005 to

the Elections Code. (Stats. 2024, ch. 990, § 2.) The newly enacted section,

effective January 1, 2025, forbids any “local government” from “enact[ing] or

enforc[ing] any charter provision, ordinance, or regulation requiring a person

to present identification for the purpose of voting or submitting a ballot at

any polling place, vote center, or other location where ballots are cast or

submitted, unless required by state or federal law.” (Elec. Code, § 10005.) The

statute specifically defines the term “‘local government’” as including “any

charter or general law city . . . .” (Ibid.)

From its inception, Elections Code section 10005 was specifically

intended to respond to Measure A. The bill was sponsored by the state

senator representing the City. The reports prepared for the Legislature to

discuss the bill specifically refer to Huntington Beach Measure A. (Sen. Rules

Com., Off. of Sen. Floor Analyses, 3d reading analysis of Sen. Bill No. 1174

(2023-2024 Reg. Sess.) as amended May 2, 2024.)

PROCEDURAL HISTORY

Within weeks of the passage of Measure A, the state (through the

Attorney General and Secretary of State) filed a petition for a writ of

mandate in the Orange County Superior Court against the City and its clerk.

The state sought a writ of mandate invalidating section 705, subdivision

(a)(2) of the City Charter, an injunction prohibiting its implementation or

enforcement, and a judicial declaration that it is preempted by and violates

California law.

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The City demurred, arguing its voter identification requirement

had not yet been implemented by a scheme of ordinances, such that a

decision on the issue was not yet ripe, and because section 705 of the City

Charter was not effective until January 2026. The trial court sustained the

demurrer with leave to amend but the state declined to amend its petition

and sought immediate entry of judgment to expedite appeal. The trial court,

in turn, declined to enter judgment and ordered the petition dismissed

without prejudice.

The state appealed and separately filed a petition for writ of

mandate. This court issued a so-called “suggestive Palma notice,” indicating

its tentative conclusions that (1) the matter was ripe for decision, contrary to

the trial court’s ruling; (2) the trial court’s refusal to enter judgment was

erroneous; and (3) the trial court’s orders were not separately appealable

(meaning the trial court retained jurisdiction to alter its orders). The trial

court then vacated its orders sustaining the City’s demurrer and dismissing

the petition and instead set the matter for hearing. This court then dismissed

the state’s writ petition and appeal.

After the hearing, the trial court denied the state’s petition for a

writ of mandate. The trial court concluded “the challenged charter provision

does not violate the right to vote and does not implicate the integrity of the

electoral process.” The state timely appealed from the resulting judgment.

DISCUSSION

I.

THE HOME RULE DOCTRINE

Under the California Constitution, charter cities like the City are

“specifically authorized . . . to govern themselves, free of state legislative

intrusion, as to those matters deemed municipal affairs.” (State Building &

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Construction Trades Council of California v. City of Vista (2012) 54 Cal.4th

547, 555; Cal. Const., art. XI, § 5.) This is sometimes known as the “home

rule doctrine.” (State Building & Construction Trades Council of California,

at p. 555.) When state law and a charter city’s regulations or ordinances

conflict, we apply a four-factor test to determine whether the home rule

doctrine permits or bars state law preemption. (Id. at p. 556.)

First, we analyze “whether the city ordinance at issue regulates

an activity that can be characterized as a ‘municipal affair.’” (State Building

& Construction Trades Council of California v. City of Vista, supra, 54

Cal.4th at p. 556.) Second, we consider whether the case presents an actual

conflict between state and local law. (Ibid.) Third, we “decide whether the

state law addresses a matter of ‘statewide concern.’” (Ibid.) Fourth, we

“determine whether the law is ‘reasonably related to . . . resolution’ of that

concern [citation] and ‘narrowly tailored’ to avoid unnecessary interference in

local governance.” (Ibid.) “‘If . . . the court is persuaded that the subject of the

state statute is one of statewide concern and that the statute is reasonably

related to its resolution [and not unduly broad in its sweep], then the

conflicting charter city measure ceases to be a “municipal affair” pro tanto

and the Legislature is not prohibited by article XI, section 5[, subdivision (a)

of the California Constitution], from addressing the statewide dimension by

its own tailored enactments.’” (Ibid.) Though we give great weight to the

factual record compiled by the Legislature and any relevant facts established

in the trial court, this is a question of law, not fact, to which we apply a de

novo standard of review. (See State Building & Construction Trades Council

of California, at p. 558.) Neither the trial court’s nor the Legislature’s factual

findings are controlling. (Ibid.)

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II.

APPLYING THE FOUR-PART “HOME RULE” TEST

A. Parts One and Two: Is This a Municipal Affair and Is There an Actual

Conflict Between State and Local Law?

The first two parts of the test are easily resolved. First, municipal

elections are a quintessentially municipal affair. (Jauregui v. City of

Palmdale (2014) 226 Cal.App.4th 781, 796.) Municipal elections are even

specifically named as municipal affairs in the relevant section of our

constitution. (Cal. Const., art. XI, § 5, subd. (b).)

Second, there is plainly an actual conflict between Elections Code

section 10005 and section 705, subdivision (a)(2) of the City Charter. One

expressly grants the City permission to conduct voter identification checks

beyond those required by state and federal law, while the other forbids such

checks. The City argues (as it did in its demurrer on the issue of ripeness)

that it is not yet possible to know whether the City’s ordinance will actually

conflict with Elections Code section 10005. The City posits it might

ultimately decide only to impose identical requirements to those imposed by

state and federal law, such that no conflict exists. We find this argument

unpersuasive in light of the nature of the City’s amendments to its charter,

which expressly purport to grant it authority not only to conduct voter

identification checks, but also to do so in violation of the state Elections Code.

We ordinarily presume the Legislature or other legislative bodies do not

engage in idle acts. (Gonzales v. California Victim Compensation Bd. (2023)

98 Cal.App.5th 427, 445.)

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B. Part Three: Does the State Law Address a Matter of Statewide Concern?

The third part of the test—whether the state law addresses a

matter of statewide concern—was the basis for the trial court’s decision. The

trial court reasoned that this dispute “does not implicate the integrity of the

electoral process” because the United States Supreme Court held in Crawford

v. Marion County Election Bd. (2008) 553 U.S. 181 that voter identification

requirements do not violate the right to vote under the Fourteenth

Amendment. The trial court thus concluded there was no statewide concern

at issue here, distinguishing Jauregui v. City of Palmdale (2014) 226

Cal.App.4th 781 (Jauregui), in which the Court of Appeal for the Second

District concluded a state law requiring the City of Palmdale to elect its city

council members via districts rather than in a citywide vote addressed a

matter of statewide concern because the state’s rules were based on concerns

about racial vote dilution. (Id. at pp. 800–801.)

The trial court’s interpretation of Jauregui was erroneous. The

Jauregui court’s reasoning was not limited to issues arising under the

Fourteenth Amendment or under the comparable provisions of article 1,

section 2 of the California Constitution. (Jauregui, supra, 226 Cal.App.4th at

p. 801.) Instead, “[e]ven if constitutionally mandated voting and equal

protection concerns do not constitute a statewide interest, our Supreme Court

has explained that integrity in the municipal electoral process is.” (Ibid.) In

other words, electoral integrity at the municipal level is a statewide concern

reaching beyond the individual’s constitutional right to vote. And, as the

Jauregui court went on to explain, “Electoral results lack integrity where a

protected class is denied equal participation in the electoral process . . . .”

(Ibid.)

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The state argues the City’s voter identification requirements may

interfere with the ability of eligible voters to cast their ballots by placing a

practical and financial hurdle between voters and the ballot box. Therefore,

the state argues, Elections Code section 10005 addresses election integrity by

safeguarding the right of citizens to vote against unnecessary interference by

municipalities.

On this point, amici curiae for the state provide useful historical

context. They point out that the Legislature sought to prohibit voter

identification requirements like the City’s because the Legislature found they

“have historically been used to disenfranchise low-income voters, voters of

color, voters with disabilities, and senior voters.” (Sen. Bill No. 1174 (2023-

2024 Reg. Sess.) § 1, subd. (a)(4).) Amici for the state note that California

(like many other states) has an unfortunate history of enacting facially

neutral voting restrictions that had disparate effects on different groups of

people—typically disfavoring low-income or minority voters. As examples,

amici for the state point to California’s recurrent re-registration

requirements (wherein voters were required to travel to the county clerk’s

office to re-register to vote every two years), English literacy tests, and poll

taxes, all of which were enacted in the 1800s. Poll taxes were later expressly

banned by Congress in the Voting Rights Act of 1965 (see 52 U.S.C. § 10306)

and English-only elections or literacy tests were forbidden by a 1975

amendment thereto (see 52 U.S.C. § 10303(f)). The California Supreme Court

also struck down California’s English literacy voting requirement in 1970,

citing the Fourteenth Amendment. (Castro v. State of California (1970) 2

Cal.3d 223.)

These examples amply demonstrate the weight of the state’s

interest in regulating (and, where possible, eliminating) barriers to voting.

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The state must strike a careful balance between, on the one hand, ensuring

that only eligible voters are able to vote in elections while, on the other hand,

not discouraging or preventing disadvantaged voters and communities from

participating in the political process. Permitting the City to make its own

rules, in violation of the state Elections Code, would upset the state’s delicate

balance and could impugn the integrity of the City’s elections.

The City’s arguments to the contrary are unpersuasive. The City

does not discuss (or even cite) Jauregui. Instead, the City obliquely references

Jauregui by arguing its voter identification requirement can only help secure

the integrity of its elections because it “denies no person who is qualified and

authorized to vote[] the right and power to do so.” As described above, each

additional barrier to voting, even if facially neutral, has the well-documented

effect of discouraging certain voters—voters who are fully qualified and

authorized to vote—from participating in the political process. As amici for

the state explained and the Legislature found, these effects have historically

fallen disproportionately on low-income voters, voters of color, voters with

disabilities, and seniors.

Accordingly, we conclude Elections Code section 10005 addresses

a matter of statewide concern.

C. Part Four: Is the State Law Narrowly Drawn and Reasonably Related to

the Statewide Issue?

The trial court did not reach the fourth part of the test: whether

the state law is narrowly drawn and reasonably related to the statewide issue

it addresses. This issue, as part of the home rule analysis, is ultimately legal

rather than factual, which allows us to reach a decision instead of remanding

for a new trial. (State Building & Construction Trades Council of California

v. City of Vista, supra, 54 Cal.4th at p. 558.)

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Elections Code section 10005 is reasonably related to the

statewide issue it addresses: election integrity. It prevents the State’s

political subdivisions from enacting or enforcing voter identification

requirements beyond those required by state or federal law. In so doing, it

preserves the State’s careful balance of competing interests, ensuring

elections are secure from voter fraud while minimizing potentially

discriminatory barriers to voting. The statute is also narrowly tailored, as it

regulates only the narrow category of voter identification checks. Neither the

City nor its amici argue the statute fails this part of the test.

III.

THE OTHER ARGUMENTS RAISED BY AMICI FOR THE CITY LACK MERIT

Amici for the City offer two other arguments, both of which we

also reject. First, amici for the City contend article XI, section 5 of the

California Constitution grants charter cities complete authority over

municipal elections, even overriding any contrary state law, so long as the

charter city’s rules do not violate the California or United States

Constitutions. Amici for the City would not have us apply the ordinary four-

factor test at all, pointing to the language of article XI, section 5, subdivision

(b)(4) that gives charter cities “plenary authority” over “the manner in which,

the method by which, the times at which, and the terms for which the several

municipal officers and employees whose compensation is paid by the city

shall be elected or appointed, . . . and for their compensation . . . .” Amici for

the City would also have us depart from Jauregui on this point, arguing it is

wrongly decided.

However, this argument was squarely rejected by the California

Supreme Court in People ex rel. Seal Beach Police Officers Assn. v. City of

Seal Beach (1984) 36 Cal.3d 591, 599–600, in which the court explained that

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despite the use of the word “‘plenary’” in this context, “‘general law prevails

over local enactments of a chartered city, even in regard to matters which

would otherwise be deemed to be strictly municipal affairs, where the subject

matter of the general law is of statewide concern.’” (Id. at p. 600.) Amici for

the City suggest a contrary rule may be found in Johnson v. Bradley (1992) 4

Cal.4th 389, 401–404, but at most the Supreme Court’s discussion of this

issue in that case is dicta because the court ultimately applied the ordinary

four-factor test. (Id. at pp. 398–411.)

Second, amici for the City argue Lacy v. City and County of San

Francisco (2023) 94 Cal.App.5th 238 (Lacy) supports the City’s position.

Amici for the City characterize the City’s voter identification requirement as

a modification of voter qualifications—only those voters who can present

2

identification are qualified to vote. Amici for the City then argue the Lacy

court concluded charter cities had the authority to determine voter

qualifications. Thus, amici for the City contend, the City has authority to

determine that only voters who can present identification are qualified to

vote.

In Lacy, the First District Court of Appeal considered a challenge

to a proposition passed in the City and County of San Francisco (both a

charter city and a charter county) allowing resident noncitizen parents or

guardians of children living in San Francisco to vote in local school board

elections. (Lacy, supra, 94 Cal.App.5th at p. 243.) The challengers (who

included amici for the City) argued the proposition violated the California

2

We cannot help but note the contradiction between amici for the

City’s argument that the City is disqualifying only those voters who do not

possess the required identification from voting and the City’s own argument

that its voter identification requirement does not deny any qualified voter

access to the polls.

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Constitution and Elections Code. (Lacy, at p. 244.) The court concluded the

California Constitution permitted charter cities to expand the range of people

who may vote in local board elections to include noncitizen parents or

guardians of local children. (Lacy, at p. 260.) As to state statutes, the court

found the challenged proposition did not conflict with state law, which

granted charter cities and counties the ability to depart from statewide

procedures in conducting school board elections. (Ibid.)

On the “voter qualification” issue pressed by amici for the City,

Lacy is, at best, distinguishable, and at worst holds the opposite. The Lacy

court explained that the dispute between the parties in that case was

3

whether article II, section 2, subdivision (a) of the California Constitution

established both a floor and a ceiling for voter qualifications or (as San

4

Francisco contended) merely a floor. (Lacy, supra, 94 Cal.App.5th at pp.

245–249.) In other words, the parties in Lacy agreed, at least impliedly, that

article II, section 2, subdivision (a) of the California Constitution forbade

narrowing the electorate by imposing additional voter qualifications, while

amici for the City argues Lacy requires us to hold the state cannot prevent a

charter city from doing so. Moreover, the Lacy court was at pains to disclaim

3

“A United States citizen 18 years of age and resident in this

State may vote.” (Cal. Const., art. II, § 2, subd. (a).)

4

The Lacy court’s use of the terms “floor” and “ceiling” on voter

qualifications is somewhat confusing. A “floor for voter qualifications,” read

literally, suggests voter qualifications may be added but not removed, while a

“ceiling” suggests such qualifications may be removed but no new ones added.

However, from context it is clear the court meant a “floor” and “ceiling” on the

electorate, such that a “floor” means the electorate can be expanded but not

narrowed, while a “ceiling” means the electorate can be narrowed but not

expanded.

13

the conclusion amici for the City ask us to reach: “Similarly, as [the San

Francisco proposition] expanded the franchise, we do not opine on charter

cities’ ability to narrow it.” (Lacy, supra, 94 Cal.App.5th at p. 260.) And, of

course, unlike in this case, the Lacy court found no conflict between state law

and San Francisco’s new proposition, meaning the primary question we face

in this case was simply not raised in Lacy.

Next, on the “plenary” authority argument separately advanced

by amici for the City, Lacy undermines amici’s position. The Lacy court

explained the “‘plenary’” language was added to the Constitution in 1914 to

“address the issue of ‘“bulky charters”’ resulting from previous judicial

constructions finding ‘laws regulating municipal elections and compensation

of municipal officers . . . could be given no effect if the city charter was silent

on that subject.’” (Lacy, supra, 94 Cal.App.5th at p. 258.) Thus, while amici

for the City contend the purpose of the word “plenary” was to immunize

charter cities and counties from state law even on questions of statewide

importance, the history of its addition to the Constitution suggests its

purpose was to address situations in which the city charter was silent, not to

limit state authority.

III.

CONCLUSION

Having concluded Elections Code section 10005 passes the four-

part “home rule” test (which we conclude is the applicable test), we hold

Elections Code section 10005 preempts section 705, subdivision (a)(2) of the

Huntington Beach City Charter.

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DISPOSITION

The judgment is reversed. The matter is remanded to the trial

court with directions to (1) issue a writ of mandate invalidating section 705,

subdivision (a)(2) of the Huntington Beach City Charter and directing

defendants to cease its implementation or enforcement; (2) enter a

permanent injunction barring defendants from implementing or enforcing

section 705, subdivision (a)(2) of the Huntington Beach City Charter; and (3)

issue a declaratory judgment that section 705, subdivision (a)(2) of the

Huntington Beach City Charter is preempted by and violates California law.

Plaintiffs shall recover their costs on appeal.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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