Top California Democrats seek to block voter ID arguments they call misleading

The top two Democrats in California’s Legislature filed a lawsuit Wednesday challenging claims made by backers of a proposition that would institute a voter ID requirement at the ballot box.

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The lawsuit from Assembly Speaker Robert Rivas, D-Hollister, and Senate President Pro Tempore Monique Limón, D-Goleta, seeks to block Proposition 39 supporters from making claims that they argue are “false and misleading.”

Prop. 39 would add a new requirement that voters show government identification before casting a ballot, or include the last four digits of a government-issued ID number on a mail-in ballot.

The lawsuit centers on language in a draft voter guide that will be sent to Californians beginning next month. The guide includes arguments from both supporters and critics of ballot measures. Rivas and Limón’s lawsuit targets a number of claims:

  • “Voter ID makes it easier to vote.” — The Democrats argue Prop. 39 adds a new requirement for voters and therefore makes it harder, not easier to cast a ballot.
  • Prop. 39 would simplify the process of verifying ballots — In their statement in the draft voter guide, Prop. 39 backers argue that California’s current signature verification process on mail-in ballots is slow and unreliable, and that using government ID numbers is simpler. But Rivas and Limón say that nothing in Prop. 39 would alter the signature verification process, and say adding the new requirement would pose additional hurdles for voters.
  • “Prop. 39 saves money” — Supporters of the proposition argue it will result in cost savings because of improved voter list accuracy and tighter audits. But Rivas and Limón cite an analysis from nonpartisan legislative analysts that the measure would ultimately cost “between tens of millions of dollars and low hundreds of millions of dollars each year.”

The measure’s sponsor, Assemblymember Carl DeMaio, R-San Diego, slammed the lawsuit in a statement.

“These politicians know that they can’t win a fair vote on Prop. 39’s bipartisan solution for Voter ID because it has supermajority support from California voters — so instead they’re trying to rig the election by putting a false ballot title on it and are now even distracting voters from their tampering of the ballot title with this frivolous lawsuit.”

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Ballot language is a frequent source of litigation. Californians for Voter ID filed their own suit against Attorney General Rob Bonta Monday challenging the title and summary of Prop. 39. They argue the title — “Prohibits citizens from voting unless they present government issued identification” — and summary fails to live up the legal requirement that ballot titles are a “true and impartial” statement of the proposition’s purpose.

Bonta’s office changed the title and summary from an earlier iteration they’d assigned backers to use to gather signatures. He’s argued such changes are not unusual and help clarify a proposition’s purpose.

Californians for Voter ID spokesperson Meredith Shields called the latest lawsuit a “diversion” intended to mask Bonta’s partisan bias.

“The opponents’ lawsuit doesn’t change the fact that Californians, not politicians, special interests, or lawyers, will have the final say this November,” Shields said.

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