Supporters of California's voter identification initiative, Proposition 39, have filed a lawsuit against Attorney General Rob Bonta, alleging he is attempting to "rig" the November election through deliberately misleading ballot language. The lawsuit, filed in Sacramento County Superior Court, names Secretary of State Shirley Weber as a respondent and challenges the title, summary, and label written by Bonta for the measure.
Plaintiffs are seeking an expedited court order to compel Bonta to rewrite the ballot materials, arguing they violate California law requiring such documents to be "true and impartial." Assemblymember Carl DeMaio, a supporter of the initiative, stated that Bonta's language falsely claims Proposition 39 prohibits citizens from voting, when it actually regulates ballot verification and counting processes. "Knowing he can’t defeat our bipartisan solution to Voter ID in a fair election, he has decided to rig the vote against Prop. 39 with a false title claiming it prohibits citizens from voting!" DeMaio said in a statement.
The legal challenge emerges as Democrats, including gubernatorial frontrunner Xavier Becerra and California Speaker Robert Rivas, lead an aggressive campaign against Proposition 39 through an opposition committee that has raised over $2 million. Supporters of the initiative, however, report having raised more than $12 million over the past 18 months.
Bonta's office recently released a title and summary stating the measure would "prohibit citizens from voting unless they present government-issued identification." Supporters contend this description is inaccurate, asserting that the initiative focuses on which ballots are counted and does not prevent eligible voters from casting their ballots. The lawsuit also claims Bonta's language omits key provisions of the initiative, such as requiring state and county officials to maintain accurate voter rolls and verify citizenship.
Furthermore, the lawsuit alleges that Bonta's office has departed from its own earlier description of the initiative. When the proposal was first circulated for signatures in 2025, the Attorney General's office described it as establishing additional voter identification and citizenship verification requirements. The petition argues that the revised language presents a "charged, one-sided framing" that is "likely to create prejudice against the proposed measure."
Democrats have framed Proposition 39 as part of former President Donald Trump's election agenda. Opponents also argue that voter ID requirements disproportionately burden minority voters and others facing barriers to obtaining government-issued identification. A UC Berkeley Institute of Governmental Studies poll indicated that 56% of likely voters initially supported the measure after reading a neutral description, though support decreased after hearing arguments from both sides.
Bonta's office defended the revisions, stating that all nine citizen-backed initiatives on this year's ballot received updated language for clarity. A spokesperson confirmed they are reviewing the petition and expressed confidence that the court will find they have faithfully executed their duty in preparing the title and summary.