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State of Elections

A student-run blog from the Election Law Society

Voter ID Conflict in Huntington Beach: Measure A vs. California’s SB 1174 and the Future of Local Elections

November 15, 2024

By: Erika Froehler

In California, voters are required to have a valid driver’s license or identification to register to vote, but they are allowed to vote without having to provide such identification. This is permissible under California’s Election Code § 2196 passed in 2023, and allows the use of a voter’s signature to provide identification. However, this statute failed to clarify if local counties were allowed to pass stricter requirements regarding photo identification requirements. Due to this vagueness, Huntington Beach proposed Measure A in March of 2024. Measure A, passed by the Huntington Beach City Council in a 4-3 vote and will be put into effect in 2026, requires voters to provide photo identification to vote in city-wide elections.

Support for Measure A is founded upon ideas that the measure will not heavily burden lower-income communities and is intended to increase voter turnout. However, critics claim that the measure will create chaos, forcing both administrative and financial burdens on the city. The reactions to Measure A represent the arguments for broadening and restricting voter participation, which have been present throughout our country’s voting history. In Crawford v. Marion County Election Board, the Supreme Court found that the state’s interest in preventing voter fraud and safeguarding confidence was enough to allow photo identification requirements for those voting in person in Indiana. Following Crawford, thirty-six states enacted various voter identification laws. The remaining fourteen states, California included, verify the identity of their voters in other ways. Despite the state not requiring a photo ID to vote, Measure A creates a locality-specific restriction in administering elections. Furthermore, Measure A does not define what a valid form of identification is.

Recently, California passed Senate Bill 1174 (SB 1174), which will “prohibit a local government from enacting or enforcing any… regulation requiring a person to present identification for voting or submitting a ballot at any polling place”. While SB 1174 applies to all local governments in California, the Bill was passed in response to Measure A. However, Huntington Beach is determined to proceed with Measure A, claiming it has a constitutional right to do so. California’s Constitution allows cities to determine their election conduct. Thus, if Measure A can overcome legal challenges, it will likely create more harm than good for voters and the voting process in Huntington Beach.

Historically, voter identification laws have faced both support and critique. While advocates claim that these laws are needed to preserve the reality and appearance of election integrity by combating fraud, opponents fear that these laws disproportionately impede participation in elections because they affect mostly minority, low-income, and elderly populations.

The conflict between Measure A and SB 1174’s requirements will create additional issues for not only voters but the voting administration as well. The current 2024 election is sure to create confusion amongst voters in Huntington Beach given that a city and non-city election is taking place on the same day. First, voters might not be aware that photo identification is required at one but not the other. While there are no consequences if they mistakenly believe identification is required at both, they will not face the same results if they were to forget to bring their identification to either. Additionally, the 2024 presidential election raises the concern of how Huntington Beach will conduct both the city and non-city elections. In other jurisdictions, voters are able to visit one polling place to vote. However, the conflict between SB 1174 and Measure A might force the city to have separate polling places for each election, creating not only additional voter confusion as to where to go to vote for either election but also administrative burden as the city will have to find more workers and areas to set up in-person polling.

State

California

Topics

Constitutional Amendment or Revision