California Attorney General Rob Bonta is facing accusations of altering the ballot language for Proposition 39, a voter identification initiative, in a manner intended to mislead voters. Critics contend that the revised wording, shifting from a description of establishing identification requirements to one that "prohibits citizens from voting unless they present government-issued identification," is a partisan tactic designed to undermine the measure.
The original language for Proposition 39 on the November ballot stated: "ESTABLISHES ADDITIONAL VOTER IDENTIFICATION AND CITIZENSHIP VERIFICATION REQUIREMENTS." This was described as simple and neutral.
However, the language Bonta's office has put forward is: "PROHIBITS CITIZENS FROM VOTING UNLESS THEY PRESENT GOVERNMENT-ISSUED IDENTIFICATION." Opponents argue that beginning with "prohibits citizens from voting" frames the measure negatively, aiming to create an impression of unfairness and discourage support.
Ballot descriptions are crucial as they are often the primary source of information for voters making decisions. The concern is that voters may trust the Attorney General's summary to accurately represent the measure, and that Bonta's rephrasing manipulates this trust. Advocates for voter ID laws argue that Bonta's approach deviates from informing voters to actively influencing their vote through misleading framing.
This is not the first time California's Attorney General office has been accused of manipulating ballot language. According to critics, previous Democratic AGs have similarly adjusted descriptions to favor Democratic interests. An example cited is a 2018 tax-repeal measure where the ballot description, after a legal challenge, was presented differently than a court-ordered neutral version, leading to its failure. The original language after a court challenge was: "Repeals recently-enacted gas and diesel taxes and vehicle registration fees," but the ballot presented it as: "Eliminates certain road repair and transportation funding. Requires certain fuel taxes and vehicle fees to be approved by the electorate."
Supporters of Proposition 39 assert that voter ID laws generally hold bipartisan support and are desired by Californians who wish to ensure election integrity. The proposed measure would require individuals to present identification to vote in person or provide the last four digits of a government-issued number to vote by mail. Proponents believe these measures are simple safeguards that would increase confidence in election outcomes and reduce concerns about noncitizen voting.