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Home My WebLink AboutConsider Positions on Legislation Pending before the State L (20) 2000 n Street, 5TINGT Huntington lBeach CA ` 92648 City of Huntington Beach iv ,;.__p�,� Q�� APPROVED 4-3 ��cF�pUNTY �o (MOSER, BOLTON, - KALMICK—NO) File #: 24-400 MEETING DATE: 6/4/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Shannon Levin, Council Policy Analyst Subject: Consider positions on legislation pending before the State Legislature, as recommended by the Intergovernmental Relations Committee (IRC) Statement of Issue: On May 15, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor Gracey Van Der Mark, Mayor Pro Tern Burns, and Council Member Strickland, discussed legislative items with relevance to Huntington Beach. Following discussion, the IRC chose to take a position on a State bill, which is presented to the City Council for consideration. Financial Impact: Not applicable. Recommended Action: Approve the legislative position taken by IRC on May 15, 2024: A) OPPOSE Senate Bill 1174 (Min) Elections: Voter identification Alternative Action(s): Do not approve recommended action, and direct staff accordingly. Analysis: SB 1174 (Min) Elections: Voter identification California's Constitution allows cities and counties that adopt charters to control their own municipal affairs and makes those laws supreme over any other inconsistent law. This municipal affairs doctrine grants charter cities broad authority to enact laws governing local matters. In March 2024, the residents of Huntington Beach voted to update Section 702 of the Huntington City of Huntington Beach Page 1 of 2 Printed on 5/30/2024 powere1lli LegistarTM File #: 24-400 MEETING DATE: 6/4/2024 Beach City Charter to provide for voter identification, thereby protecting the City's elections. The updated Charter section provides that in the event of an inconsistency between the Election Code and the Charter, then the Huntington Beach City Charter should prevail. SB 1174 was introduced to directly undermine the City's ability to regulate its own local elections and inserts the State into the City's municipal, local affairs. Recommended legislative position: OPPOSE Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Draft Opposition Letter SB 1174 City of Huntington Beach Page 2 of 2 Printed on 5/30/2024 powere1'LegistarTM �N�tis � ,.��a��, CITY OF HUNTINGTONBEACH y ��, 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 ' -l''' GRACEY VAN DER MARK MAYOR June 5, 2024 Honorable Gail Pellerin Chair of the Assembly Elections Committee 1020 N Street, Room 365 Sacramento, CA 95814 SB 1174 — Elections: Voter Identification OPPOSE Dear Chair Pellerin, California's Constitution allows cities and counties that adopt charters to control their own municipal affairs and provides that those laws are supreme over inconsistencies. The municipal affairs doctrine grants charter cities broad authority to enact laws governing local matters. In March 2024, the residents of Huntington Beach voted to update Section 702 of the Huntington Beach City Charter providing for voter identification to protect the City's elections. The City of Huntington Beach strives to protect its elections, and the provisions of the Huntington Beach City Charter shall prevail over a conflict with the Elections Code. SB 1174 inserts the State into the City's municipal, local affairs. The City respectfully OPPOSES SB 1174. Sincerely, fle . 0 \jcivv, g),%.,tiyy-tolk___ Gracey Van Der Mark Mayor Cc: Senator Dave Min Huntington Beach City Council Office: 714.536.5553 AMENDED IN SENATE MAY 2, 2024 AMENDED IN SENATE MARCH 18, 2024 SENATE BILL No. 1174 Introduced by Senator Min (Coauthor:Senator Newman) February 14, 2024 An act to add Section 10005 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 1174, as amended, Min. Elections: voter identification. Existing law permits the governing body of a city or district to request that the county render specified services to the city or district regarding the conduct of an election. This bill would prohibit a local government from enacting or enforcing 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, as specified. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. (a) The Legislature finds and declares all of the 2 following: 97 122 SB 1174 —2— 1 (1) Under existing law, a person is entitled to vote in a local, 2 special, or consolidated election who is registered in any one of 3 the precincts which compose the local, special, or consolidated 4 election precinct. 5 (2) California ensures the integrity of its elections by requiring 6 a person to provide a driver's license number, a California 7 identification number, or the last four digits of their social security 8 number to register to vote. 9 (3) The state has taken further steps to ensure election integrity, 10 including signature verification checks, mandatory partial 11 recounts, and ballot tracking. 12 (4) Voter identification laws have historically been used to 13 disenfranchise low-income voters, voters of color, voters with 14 disabilities, and senior voters. 15 (5) Existing law gives the Secretary of State jurisdiction over 16 voter-eligibility functions. 17 (6) Under existing law, local elections officials are responsible 18 for supervising voting at the polls. 19 (7) Voter identification laws place the onus on the voter to prove 20 their identity and right to vote, even after voters have taken the 21 necessary steps to prove their identity and right to vote through 22 the voter registration process. 23 (8) The implementation of voter identification laws in municipal 24 elections conflicts with California's established, well-balanced 25 methods of ensuring election integrity across the state. 26 (b) The Legislature finds and declares that Section 2 of this act 27 adding Section 10005 of the Elections Code addresses a matter of 28 statewide concern rather than a municipal affair as that term is 29 used in Section 5 of Article XI of the California Constitution. 30 Therefore, Section 2 of this act applies to all cities, including 31 charter cities. 32 SECTION 1. 33 SEC. 2. Section 10005 is added to the Elections Code,to read: 34 10005. A local government shall not enact or enforce any 35 charter provision, ordinance, or regulation requiring a person to 36 present identification for the purpose of voting or submitting a 37 ballot at any polling place, vote center, or other location where 38 ballots are cast or submitted, unless required by state or federal 39 law. For the purpose of this section, "local government" means 97 123 -3— SB 1174 1 any charter or general law city, charter or general law county, or 2 any city and county. 3 SEC. 2. The Legislature finds and declares that Section 1 of 4 this act adding Section 10005 of the Elections Codc addresses a 5 matter of statewide concern rather than a municipal affair as that 6 term is used in Section 5 of Article XI of the California 7 Constitution. Therefore, Section 1 of this act applies to all cities, 8 including charter cities. 0 97 124 From: cornetto45( earthlink.net To: cornetto45 a earthlink.net Cc: suoolementalcommla surfcity-hb.orq Subject: Oppose item 24-400 IRC Motion Date: Tuesday,June 4,2024 8:40:18 AM I oppose the IRC motion on Voter ID because the IRC committee looks like a rubber stamp committee for the creating soap box issues for some of the city council members. The minutes of the 5/15 and 4/17 meeting are not available. What is the rush to take action on something that does not yet have public transparency? On deeper investigation,taking a position on the legislation pending before the state is really just a political attack on a candidate, Dave Min, for the congressional district that serves Huntington Beach. The action is a purely political action. Why should the city council of Huntington Beach get involved in such political positions? What is the IRC,the Intergovernmental Relations Committee? It seems to be a rubber stamp committee serving Vander Mark, Burns,and Strickland. On the Huntington beach webpage on committees, it seems that there are no active members https://hun .gtonbeach.legistar.com/Departments_aspx Why is the webpage not up to date? However,there are Minutes of the IRC. Here is a link to minutes of IRC https://huntingtonbeach.legistar.com/DepartmentDetail.aspx?ID=39405&GUID=C62235DE- E7D4-4983-AAF1-421 B32F43C3B No minutes for 5/15 or 4/17 meeting on 6/4/2024. For March 20, Feb 21, and Jan 17,Vander Mark, Burns, Present,Strickland absent and minutes can be viewed. Charlie Jackson 23 year resident of Huntington Beach SUPPLEMENTAL COMMUNICATION 6/4/2024 Meeting Date: 7 (24-400) Agenda Item No.;._