Proposition 39 author says ballot initiative ‘not the same’ as Trump’s efforts to constrict voting

Republican State Assemblyman Carl DeMaio is seeking to distance the voter ID measure Californians will see on their November ballot from President Donald Trump’s efforts to restrict voting at the federal level. During a Monday night speech at the Orange County GOP Central Committee meeting, DeMaio said the ballot measure, Proposition 39, is “not the same” as the failed federal SAVE Act, which would have required proof of U.S. citizenship when registering to vote.

Speaking to dozens of O.C. Republican leaders, DeMaio acknowledged Californians’ overwhelming embrace of mail-in voting, calling Prop. 39 a “bipartisan solution that keeps mail ballots, so that voting is convenient, but improves trust and confidence by requiring an ID to vote.”

What would Prop. 39 do?

• Prop. 39 would change California’s constitution to require voters to provide a government-issued ID when they cast a ballot.
• Mail-in voters would have to include the last four digits of that ID on the ballot envelope.
• The measure would also require election officials to use “best efforts,” using government data, to verify that voters on registration rolls are U.S. citizens, and to report annually the percentage verified.

Reaction to the ballot initiative

Supporters note that nationwide polling has shown widespread support for voter ID across political parties. They also say using a voter’s signature on their mail-in ballot to verify identity, as California currently does, delays election results and causes some valid voters to have their ballots rejected.

Opponents of Prop. 39 say the initiative feeds into President Trump’s claims of widespread election fraud, which they say are false. Opponents also say the measure would make voting more burdensome and expensive, while opening up mail voters to potential identity theft.

How Prop. 39 is being pitched to voters

The latest polling on Prop. 39 suggests it could face an uphill battle in November.

Registered Republicans make up only about one-quarter of California’s electorate, which means Prop. 39 will need significant support from Democrats and independent voters to pass.

A recent poll from the Public Policy Institute of California found a sharp partisan divide in interest in Prop. 39, with a majority (52%) of Republican voters saying it was the ballot measure that most interested them compared to just 7% of Democrats and 23% of independent voters.

In an effort to appeal to the state’s liberal majority, DeMaio and his Reform California PAC recently launched an ad campaign aimed at persuading Trump foes that Prop 39 is unrelated to the president’s efforts to curb mail-in voting and implement stringent checks for U.S. citizenship.

“Can you dislike Trump and still vote ‘yes’ on Prop 39 for voter ID?” a voice in the ad asks. “Yes, you can.”

During his speech Monday, DeMaio said Prop. 39 would boost confidence in elections “whether you think voter fraud is a big problem or a small problem.”

In a subsequent interview with LAist, DeMaio said he thinks voter fraud is a problem. “ How much fraud is hard to prove because we're not looking for it; we don't have internal controls,” he said.

Trump has claimed that large numbers of noncitizens are voting. In California, a handful of recent cases have made headlines. But nationwide efforts to find and prosecute noncitizen voters have thus far turned up few culprits.

The Texas example

Julia Gomez, a senior staff attorney with the ACLU of Southern California, which opposes Prop. 39, blamed the decrease in voter confidence on the “chaos” sowed by people including Trump and DeMaio in questioning the integrity of elections with scant evidence of fraud.

“The way we build trust in elections is not by adding more hurdles to voting, which the data shows will disenfranchise voters every election, but by educating voters, by not lying to voters about what is and isn't a problem,” she said.

Gomez pointed to Texas as a cautionary tale about the potential consequences of adding an ID requirement to mail-in voting: After Texas passed a similar requirement in 2021, a large percentage (14%) of mail-in ballots were rejected, according to a study last year from the Brennan Center for Justice at New York University School of Law.

The study found that non-white voters were more likely to have their ballots rejected. Also, many of those voters stopped casting ballots in subsequent elections.