Bixby
Bixby v. City of Huntington Beach CA4/3
Opinion
Opinion
STATEMENT OF FACTS
The facts underlying the enactment of the challenged section 705, subdivision (a)(2) of the City Charter, as part of Measure A, are set forth in the State Case and are not repeated here. Plaintiff is a registered voter and resident of the City.
PROCEDURAL HISTORY
In 2023, after the City Council approved placing Measure A on the ballot, plaintiff filed a petition for a writ of mandate in the Orange County Superior Court, seeking to prevent Measure A from appearing on the ballot. The trial court denied this petition, concluding plaintiff’s challenges to the substance of the proposed measure should wait until after the election. After Measure A passed, plaintiff amended his petition, challenging the voter identification requirement directly. The City demurred to the petition, arguing the issue was not yet ripe. The trial court sustained the demurrer. Plaintiff filed a third amended petition setting forth additional challenges to the voter identification requirement. The City again demurred. The trial court overruled this demurrer (having previously reconsidered its earlier conclusion on ripeness in response to this court’s suggestive Palma notice in the State…