Today, the City of Huntington Beach prevailed in an important court case involving the Mark Bixby vs. City of Huntington Beach, Robin Estanislau lawsuit. Therein, Bixby sought to stop the City’s proposed Charter Amendments from appearing on the March 5, 2024 ballot. Those Charter Amendments include, among other things: Voter ID, monitoring of ballot drop boxes, increasing the number of in-person voting locations, the City’s America and Huntington Beach first official Flag Policy, and more. A court ruling in Bixby’s favor would have prevented residents from voting on these proposed Charter Amendments.
However, finding in favor of the City, the Court issued a ruling denying Bixby’s Petition, writing in its decision, “Petitioner’s argument seeking pre-election review of the charter amendments falls short. The general rule is that it is usually more appropriate to review constitutional and other challenges to ballot propositions or initiative measures after an election rather than to disrupt the electoral process by preventing the exercise of the people’s franchise, in the absence of some clear showing of invalidity.” The Court also wrote, “the Petition presents no circumstances that warrant departure from the general rule or circumvention of ordinary democratic processes.” Further, the Court also noted that since the alleged controversies presented by Bixby were not ripe, “the issue [in Bixby suit] is not justiciable at this stage.”
In response to today’s court decision, Mayor Gracey Van Der Mark stated, “I am very happy the court saw the Bixby case the way we did. It was a frivolous attempt to deprive voters of the opportunity to vote on important issues like Voter ID. It was, basically, election interference. Thanks to our City Attorney and the great work in court, the voters will decide important issues that will impact local elections, our precious Flag Policy, and other issues.”
City Attorney Michael Gates stated, “I am pleased with the Court’s ruling – particularly, that this was another weak lawsuit aimed at undermining and unwinding the City Council’s work to put voters first. The Court adopted many of the arguments we put forth in our legal papers. My attorneys and I will continue to fight for the residents of Huntington Beach, their voice, their ability to vote, and, democracy.”
