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California sues Huntington Beach over 'blatantly and flatly illegal' voter ID law

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California sues Huntington Beach over 'blatantly and flatly illegal' voter ID law

California has sued Huntington Beach, alleging that the city’s new law requiring voters to show photo identification is a violation of state law.

The 320-page lawsuit, filed Monday in Orange County Superior Court, accuses Huntington Beach of violating California’s Constitution and the state election code over a new charter amendment that would require voters to show photo identification in local elections starting in 2026.

Huntington Beach has argued that the city charter grants local officials the authority to handle municipal issues, including local elections. In addition to the photo identification requirement, the amendment requires that Huntington Beach provide 20 in-person polling places and monitor ballot drop boxes.

Atty. Gen. Rob Bonta said Monday that Huntington Beach’s charter does not exempt the city from following state laws that govern voter registration and election integrity. The photo identification requirement “is not only misguided — it is blatantly and flatly illegal,” Bonta said at a news conference in downtown Los Angeles.

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“They have greatly overstated the authority they think they have,” said Bonta, a Democrat. “They have willfully violated the law, they have brazenly violated the law. … They know exactly what they are doing, and they are doing it anyway.”

Voters in Huntington Beach approved the law by passing Measure A on the March 5 ballot, with 53.4% support. Michael Gates, Huntington Beach’s city attorney, said in a statement that “the people of Huntington Beach have made their voices clear on this issue.”

“The city will vigorously uphold and defend the will of the people,” Gates said.

Bonta’s lawsuit is the latest clash between California and Huntington Beach, which has thrust itself into the crosshairs of state lawmakers and the nation’s culture wars since the start of the COVID-19 pandemic.

Over the last four years, officials in the conservative beach town have declared it a “no mask and no vaccine-mandate” city, sued the state over zoning requirements to add housing and a “sanctuary city” immigration law, created a panel to screen children’s books in the city library for sexual content and approved the voter ID measure for the March ballot despite threats of a lawsuit.

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After the Huntington Beach City Council began discussing the voter ID measure last fall, Bonta and Secretary of State Shirley N. Weber, California’s top election official, warned in a letter to city officials that the measure was illegal and could prompt a lawsuit.

California law requires voters to verify their identities when they register to vote and imposes criminal penalties for fraudulent registration, Bonta and Weber wrote. The state does not require photo identification at the polls but does require that voters provide their names and addresses.

The Huntington Beach City Council voted 4 to 3 in October to place the voter ID law on the March ballot.

Councilmembers Tony Strickland and Gracey Van Der Mark, who backed the measure, wrote in their ballot argument that “extreme policies” allowing noncitizens to vote “have been spreading” and that the measure would “forever protect Huntington Beach’s elections.”

Three council members who opposed the measure said that the city’s elections, overseen by the Orange County Registrar of Voters, are secure and that Huntington Beach was not prepared to oversee its own elections.

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Weber, a Democrat, said Monday that her office investigates claims of voter fraud and has “not found it to be true that California, nor any other state, suffers from a tremendous amount of fraud.”

The voter ID measure “is really a solution looking for a problem,” Weber said.

A Huntington Beach resident sued in November to block the voter ID measure. The ACLU of Southern California and Disability Rights California filed briefs in support of the lawsuit, arguing that voter ID laws impose severe burdens on Black, Latino and low-income voters.

Orange County Superior Court judge Nick Dourbetas declined to stop the measure from appearing on the ballot but wrote in his December ruling that if the measure passed “and if its implementation raises an issue of constitutionality, at that point, it may be appropriate for judicial review.”

Bonta warned Huntington Beach last fall that another facet of the charter amendment — monitoring ballot drop boxes — could also violate state law.

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The state’s lawsuit does not mention drop boxes. Bonta said state officials will be watching how the Huntington Beach law is implemented to ensure it does not run afoul of a prohibition on taking photos, videos or otherwise recording voters at polling places or ballot drop boxes “with the intent of dissuading another person from voting.”

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Anti-Trump DA's no-show at debate leaves challenger facing off against empty podium

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Anti-Trump DA's no-show at debate leaves challenger facing off against empty podium

Democratic Fulton County District Attorney Fani Willis’ political opponent debated with an empty podium after Willis skipped the county’s first Democratic Party debate, local reports show. 

Willis is the Georgia district attorney who brought forth the election inference case against former President Trump, charging him and 18 co-defendants with racketeering over allegations they tried to overthrow the 2020 election. Willis became embroiled in controversy when she was accused of having an “improper” relationship with the special counsel she hired, Nathan Wade. 

A judge ordered Willis last month to either remove herself from the case or fire Wade, with Wade ultimately resigning. 

The Fulton County Democratic Party held its first primary debate on Sunday, but Willis was a no-show, leaving her political opponent to take the stage alone, where he criticized his fellow Democrat for hiring a romantic partner for the high-level case. 

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ERIC TRUMP WARNS BRAGG, WILLIS ‘WANT TO TORTURE MY FATHER’ BUT NO ONE ‘IS BELIEVING IT’

Fulton County DA candidate Christian Wise Smith on an empty debate stage. (Fox 5)

“That issue is important to us in Fulton County and a lot of people across the country,” Smith said on the stage, Fox 5 reported. 

​​”When you pay one attorney nearly $1 million to handle one case, that leaves the rest of us vulnerable. That hurts everyone in Fulton County,” he said.

FANI WILLIS SHOULD FACE GAG ORDER IN TRUMP ELECTION CASE, SAYS LEGAL ANALYST

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Fani Willis on witness stand, left hand raised

Fulton County District Attorney Fani Willis testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on Feb. 15, 2024 in Atlanta. (Alyssa Pointer/Getty Images)

Smith did not take issue with Willis prosecuting Trump or the case itself, instead saying Willis has “to do things differently.”

Willis did not attend the debate event, which was sponsored by the Atlanta Press Club, to co-host the second annual “Self Care Fair” with an Atlanta city councilwoman in honor of Crime Victims’ Rights Week. Willis is also focusing on the continued prosecution of Trump, Fox 5 also cited as to why she was not present for the debate. 

AFTER JUDGE’S SCOLDING FOR PLAYING ‘RACE CARD,’ FANI WILLIS SAYS SHE’LL ‘TALK ABOUT IT ANYWAY’

Fox News Digital reached out to Willis’ media team for additional comment on the matter but did not immediately receive a response. 

Willis and Smith will face off in the Democratic primary on May 28. Despite the controversy surrounding the Trump case, local polling shows Willis with strong leads over Smith, Fox 5 reported.  

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Nathan Wade, Fani Willis' former paramour

Special prosecutor Nathan Wade sits in court during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024 in Atlanta. (Alex Slitz-Pool/Getty Images)

The Democratic champion of the primary will compete against a Republican challenger on Nov. 5. 

JUDGE IN GEORGIA SLAMS FANI WILLIS’ ‘IMPROPER’ CHURCH SPEECH, ‘PLAYING THE RACE CARD’

Willis and Wade both admitted to the affair amid testimony on the matter, but said they only made their relationship official in 2022, after charges were brought against defendants in the Trump case. Witnesses in the case, however, alleged the pair began their relationship before 2022. 

Donald Trump against black background

Fulton County District Attorney Fani Willis brought forth the election inference case against former President Trump. (SAUL LOEB/AFP via Getty Images)

Fulton County Judge Scott McAfee said last month that there was a “significant appearance of impropriety that infects the current structure of the prosecution team,” but did not find an “actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor.” McAfee ruled that either Willis step aside from the case or Wade be fired. Wade resigned last month. 

JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE

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Fulton County Judge Scott McAfee with chin on right hand

Scott McAfee, Fulton County superior court judge, at the Fulton County Courthouse in Atlanta on Thursday, Feb. 15, 2024. (Photographer: Alyssa Pointer/Reuters/Bloomberg via Getty Images)

Willis has brushed off criticisms of her affair with Wade, touting herself late last month as the only district attorney with the “courage” to prosecute Trump. 

TRUMP BLASTS FULTON COUNTY PROSECUTOR FANI WILLIS AFTER ROMANTIC PARTNER ALLEGATIONS: ‘TOTALLY COMPROMISED’

Fani Willis, Fulton County, Ga., DA in court

Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

“There’s one district attorney in the state – and really around the country – that has had the courage to do this, and she continues to do it,” Willis told FOX 5 Atlanta last month. “The case landed in Fulton County, not by anything that I did, but by the actions of others, and when a case lands in my jurisdiction, I’m going to prosecute it, and that’s the end of that.” 

Trump, meanwhile, has slammed the case as a “witch hunt” that is led by a “totally compromised” district attorney. 

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Many O.C. residents deny Trump election results, potentially swaying key races, poll finds

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Many O.C. residents deny Trump election results, potentially swaying key races, poll finds

Alex Lopez doesn’t contest that Joe Biden was elected president in 2020.

His concern lies with how those results came to be.

“By the numbers? He absolutely won it. Ethically? Probably not,” said the 38-year-old Anaheim resident, who works as a logistics coordinator.

Questions about the integrity of the election process have been stoked nationally for years, in large part because of former President Trump’s claims that victory was stolen from him.

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The same goes for Orange County, where 26% of adults surveyed in a UC Irvine poll released this month said they did not believe Biden legitimately won the presidency in 2020, with another 17% unsure about the question.

In a purple county with several key races that could help determine the balance of power in Congress, these doubts could cause voters to stay home in November — particularly conservative voters.

A majority of the O.C. Republicans surveyed for the poll — 55% — thought Biden had not won fairly, while most Democrats — 88% — believed the election results.

A majority of people surveyed who aren’t members of either party said Biden won legitimately. However, 23% said he didn’t, and the same percentage didn’t know.

“Distrust in the election system may very well convince some people not to participate, and what we’re seeing is that people who distrust it more tend to skew to the right, and so that would hurt Republicans,” said Jon Gould, dean of the UCI School of Social Ecology, who spearheaded the poll.

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The issue has played out locally in Huntington Beach, a longtime GOP stronghold that in recent years — along with the rest of the county — has grown more politically and demographically diverse. This has led to friction among residents and politicians with opposing political views.

In March, voters approved a measure allowing the city to require that voters show government-issued photo identification, beginning in 2026.

Huntington Beach Councilman Tony Strickland and Mayor Gracey Van Der Mark wrote in support of the ballot measure that voters “deserve the right to know that our elections are secure.”

“It is crucial for our democracy that voters have faith in our election results. That trust in the outcome of elections comes into question when we can’t always be certain who is voting,” they wrote.

California law requires residents to verify their identities when they register to vote and imposes criminal penalties for fraudulent registration. The state does not ask for photo identification at the polls, but voters are required to provide their names and addresses.

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This month, California sued Huntington Beach over its new law. Atty. Gen. Rob Bonta said during a news conference that the photo identification requirement “is not only misguided — it is blatantly and flatly illegal.”

Election skepticism in O.C. may be lower than in some other parts of the country. In a national poll conducted by the Washington Post and the University of Maryland last December, 36% of respondents said Biden’s victory was not legitimate.

But in the highly competitive Orange County congressional races, particularly the 47th and 45th districts, where a few votes could sway the outcome, the repercussions could be far-reaching.

In the 45th District, Democrat Derek Tran is challenging incumbent Republican Rep. Michelle Steel. In the 47th District, which runs largely along the coast, Democrat state Sen. Dave Min and Republican Scott Baugh are facing off to replace Democratic Rep. Katie Porter.

As for the presidential rematch between Biden and Trump, there is little suspense in California because of its deep blue population in urban areas.

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Still, Trump asserted in a speech at the GOP California Convention in Anaheim last year that “we would win California in a general election if they didn’t have a rigged voting system.” He alleged that people are getting five or six ballots mailed to them.

“Nobody knows where they’re going, who they’re going to, who signs them, who delivers them and who the hell counts them? Nobody knows,” he said.

The widespread use of vote-by-mail ballots, which began during the pandemic and has remained popular, has altered the pattern of vote counting as results trickle in, fueling beliefs that something nefarious is afoot.

“Trump was winning on election night, and then as more and more votes were counted, he began to lose, and that looks to some people like someone’s been tweaking the election results, as opposed to people for the first time being exposed to vote by mail,” Gould, of UCI, said.

Orange County Registrar of Voters Bob Page started conducting open tours of the ballot counting operation in Santa Ana during the 2022 midterms in an effort to show people the process and alleviate concerns.

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But election skepticism and allegations of a “rigged” voting system have persisted.

The economy, abortion, foreign policy and immigration remain top issues for Orange County voters this cycle, according to the UC Irvine poll. The economy is among the top issues for both Democrat and Republican voters.

Democrats rank abortion as the third most important issue, behind checking a Trump presidency from “going too far” and the economy. Republicans rank the economy and situation at the border as their first and second most important issues.

Lopez, who is a nonaffiliated voter, said he worries about issues like ballot harvesting — particularly affecting people who might be susceptible to outside pressure — that he fears could skew election results.

He also has concerns about the “motor voter” system, in which Californians applying for or updating a driver’s license are automatically registered to vote, unless they opt out. In 2018 — the year the system rolled out in California — roughly 1,500 people, including noncitizens, were wrongly registered to vote.

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“I would love to hear the government and states come out and say, ‘Hey, you know what, these are the concerns from a lot of people, and we’re going to put some stopgaps in there,’” Lopez said.

Lopez, who ranks the economy as a top issue, still plans to vote. He is still researching candidates in all the races but said he’s leaning toward Trump for president.

Others disillusioned with the voting process might choose to sit this one out.

“By selling doubts in the election, there is an interesting question as to whether Republicans and Trump in particular are sowing the seeds for their own defeat,” Gould said.

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Where Third-Party and Independent Candidates Are On The Ballot

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Where Third-Party and Independent Candidates Are On The Ballot

Robert F. Kennedy Jr.

Nev. Hawaii Idaho Iowa Mich. Neb. N.H. N.C. S.C. Utah

Green Party

Calif. La. Texas Ariz. Ark. Colo. Del. Fla. Hawaii Idaho Maine Mich. Miss. Mont. N.M. N.C. Ore. S.C. Utah W.Va. Wis.

Cornel West

Alaska Colo. Ore. S.C. Utah
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For presidential candidates who are not the Republican or Democratic Party nominee, getting on the ballot for the general election is a state-by-state, make-or-break scramble. Each state has unique (and sometimes confusing) election laws, and the process for qualifying as a minor party — like the Green Party — is typically different from the process of getting on the ballot as an independent candidate, like the theologian Cornel West or the environmental lawyer Robert F. Kennedy Jr., neither of whom have a national party affiliation.

Though it depends on the state, the Green Party, like other minor national parties, typically secures ballot access by virtue of its performance in a preceding election. For example, the Green Party recently lost its ballot line in New York State because its candidate did not meet a strict new voter threshold — 2 percent of the total votes cast — in the 2020 presidential election. And so to get on the New York ballot this year, the Green Party must gather 45,000 signatures in a six-week window that closes at the end of May.

This is the same process that Mr. Kennedy and Mr. West must go through to gain ballot access in New York and in dozens of other states. Some states have rules against people coming in from out of state to help a campaign procure signatures; others have rules that restrict a campaign’s ability to hire paid canvassers instead of relying solely on volunteers. Some states allow months for independent candidates to gather signatures, while others have short windows. Some states require a vice presidential nominee on the petition. The work of actually gathering thousands of signatures, and ensuring that all these rules are met, is grueling and often costly.

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Here’s where Mr. Kennedy, Mr. West and the Green Party — which is expected to select its nominee at its convention in July — stand.

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