Undocumented Immigrants Allowed to Vote as Bill Banning Voter ID Laws Passed by California Legislature

By: David Donovan | Published: Aug 30, 2024

The California legislature passed a bill prohibiting local governments from adopting voter ID laws in local elections. 

While earlier in the year the City of Huntington Beach approved a voter ID requirement in order to vote in municipal elections beginning in 2026, the state of California does not require identification to vote. This bill would overrule Huntington Beach’s policy.

“Create Barriers”

State Sen. Dave Min, D-Irvine, the author of the bill, stated, “An overwhelming body of evidence proves that voter ID laws only subvert voter turnout and create barriers to law abiding voters.”

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Dave Min presenting a certificate to a man, the certificate is in a gilded frame, the man wears sunglasses and a shirt while they are on the beach.

Source: SenDaveMin/X

“To register to vote in California, voters are already required to provide their driver’s license number, California identification number, or the last four digits of their social security number.”

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Failed Amendment

An amendment to the bill that failed to pass, SB 1174, introduced by state Assemblymember Bill Essayli, a Republican from Corona, would have explicitly prohibited undocumented immigrants from voting.

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Bill Essayli with a man as they hold a photo of a soldier, there are other people lined up behind them.

Source: billessayli/X

Undocumented immigrants are able to obtain California identification numbers, and noncitizens are permitted to vote in San Francisco’s local school board elections. 

Santa Ana Following Suit

The City of Santa Ana, which is adjacent to Huntington Beach, is thinking about following San Francisco’s example in allowing undocumented immigrants to vote in local elections.

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Historic Downtown Santa Ana, there are lights in the trees as well as a fountain and people walking in the street.

Source: Adrián Cerón/Wikimedia Commons

Noncitizens would be able to vote in the city’s municipal elections, not just school board ones, under a proposal for a ballot measure in November.

Attorney General Sues

California Attorney General Rob Bonta sued Huntington Beach for its statute on voter ID laws, as he asserted that it abuses state and federal laws.

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Rob Bonta mid speech outdoors as he speaks into a mic and the word Francisco is visible blurred in the background

Source: Pi.1415926535/Wikimedia Commons

This was claimed in light of the fact that most elections include deciding in casting a vote on municipal, state, and federal office positions at the same time. 

Video Surveillance

Bonta argued that the ordinance’s requirement for video surveillance of ballot drop boxes could discourage voting on top of the requirement for voter IDs.

Rob Bonta posing for a photo with four other men, they are indoors in a living room with TVs and bottles of alcohol behind them.

Source: AGRobBonta/X

Huntington Beach contends that since legislators introduced SB 1174 it suggests that it was, in fact, permissible for its voters to approve this kind of ordinance in the first place.

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“Without any Proof”

If the governor signs the ordinance, the city, a charter city with more rights under the state constitution, will likely use legal means to defend it against the law.

Dave Min posing with a group of young people who hold tools to pick up trash on the beach as other people are behind them under a marquee.

Source: SenDaveMin/X

According to Min when SB 1174 was passed, “Despite zero evidence of voter fraud, cities like Huntington Beach have tried to put forward their own local voter ID requirements without any proof of legitimate election interference.”

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“Scare Tactics”

Min went on to state, “SB 1174 makes clear that the State of California has sole authority over state and local election requirements, and finally puts to rest the idea that cities can meddle with State voter protections.”

Dave Min mid-speech as a TV shows SB 1111 Build Public Trust, he stands at a podium with an American flag beside him.

Source: SenDaveMin/X

“These scare tactics are not only unlawful, but seek to sow distrust in American democracy.”

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Voter Verification

California is one of 15 states which do not have voter ID laws. Election officials use a series of authentications in order to confirm voter legitimacy such as ballot tracking, mandatory recounts, and signature verification checks.

Howard Simon, executive director of the ACLU of Florida, joins in a protest of the Guantanamo Bay detentions with Amnesty International, he speaks at a podium with a mic.

Source: Dtobias/Wikimedia Commons

ACLU election experts have testified that there have been no documented reports of widespread or systemic fraud in U.S. elections.

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Voter Fraud

Orange County District Attorney Todd Spitzer says that he has never once found enough evidence necessary to prosecute an individual for voter fraud while he has held the position.

Todd Spitzer in 2007 speaks out against the early release of state prisoners with Governor Arnold Schwarzenegger and San Diego County District Attorney Bonnie Dumanis, he is outdoors at a podium speaking into a mic

Source: Dstringer71/Wikimedia Commons

According to Bob Page, Orange County’s Registrar of Voters, “This is our democracy. It’s important to protect that. So we want to be fully transparent on what we do and will always answer questions about it.”

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Combatting Conspiracy Theories

During the primary election in March California Secretary of State Shirley Weber wanted to assure voters of the thoroughness of their procedures.

Shirley Weber speaks at the signing of the AB392 bill, there are other people sitting on chairs on stage as she speaks at a podium into a mic.

Source: CAgovernor/X

“There will always be those who don’t believe. We know that. There will always be naysayers. But we have yet to find a better system that says every person gets one vote and that vote counts.”

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Investigations into Voter Fraud

Spitzer says that during this tenure in office, he has experienced approximately 10 to 15 reports of possible voter fraud which his team investigates following each election.

Todd Spitzer speaking on the "No on Proposition 66" campaign on June 20, 2004, he holds up a mugshot with other mugshots on cards beside him, he speaks at a podium with an American flag behind him.

Source: Dstringer71/Wikimedia Commons

Most of these complaints concern allegations of people having voted more than once.

Spitzer said, “For each voter, you can only vote once. So, the first ballot (we get) back from the voter is going to be the one that we count.”

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