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key takeaway

Proposition 39 on the November ballot would impose unnecessary, harmful, and costly new identification (ID) requirements on millions of California voters. It would harm US citizens by making it harder for them to vote, exposing them to identity theft, and putting them at risk of being erroneously removed from voter rolls. Prop. 39 is part of broader national efforts to create new barriers to voting, which primarily impact people with low incomes, young people, and people of color, limiting Californians’ say in how public tax dollars are raised and spent.

What Would Prop. 39 Do?

Prop. 39 would amend California’s Constitution to add new voter ID requirements that would affect current and future voters. The measure would also impose new responsibilities on state and local officials related to election administration. Specifically, Prop. 39:

Requires Elections Officials to “Use Best Efforts” to Verify Every Registered Voter’s Citizenship Status

Current Law

Californians are required to be US citizens to vote.1California Elections Code, Section 2101(a). There are two exceptions: Oakland and San Francisco allow certain noncitizens to vote in local school board elections. To register to vote, a person must declare in writing, under penalty of perjury, that they meet all voter eligibility requirements, including that they are a US citizen.2California Elections Code, Section 2150(b). Under federal law, state motor vehicle agencies — like California’s Department of Motor Vehicles (DMV) — must provide residents with the opportunity to register to vote when they apply for or renew a driver’s license or state ID card and/or change their address. In California, this is known as Motor Voter. DMV customers who indicate that they are eligible to vote are registered to vote by the Secretary of State (SOS) unless they opt out. However, the DMV does not send to the SOS information regarding customers who indicate they are not eligible to vote. Falsely claiming to be a US citizen on a voter registration application and attempting to vote would expose a person to state felony charges as well as the possibility of deportation under federal law.3For example, see California Elections Code, Section 18560(a), 8 U.S.C. Section 1227(a)(6)(a), and 18 U.S.C. Section 611.

In addition, state law makes it a crime to:

  • Vote or attempt to vote more than once in an election,
  • Impersonate or attempt to impersonate a voter in an election, or
  • Apply for or cast a vote-by-mail ballot by fraudulently signing the name of a fake person, another qualified voter, or a person who is not qualified to vote.4California Elections Code, Section 18560(b)-(c) and Section 18578.

A person who is convicted of any of these crimes could be imprisoned for up to three years.

Prop. 39

Prop. 39 would require state and county election officials to “use best efforts” to verify, using “government data,” that registered voters are US citizens. The measure does not define “best efforts” or what constitutes “government data.” In addition, election officials would have to annually report the share of registered voters in each county whose citizenship status has been verified.

Requires Voters to Present Additional Identifying Information When They Cast Their Ballot

Current Law

All states, including California, already have voter ID requirements as required by federal law. For example, to register to vote, Californians must provide a California driver’s license or state ID number or the last four digits of their Social Security Number (SSN) if they lack a driver’s license or ID card. Californians who lack a driver’s license, a state ID card, or a SSN are assigned a unique identifier to validate their registration. Californians generally are not required to present an ID when voting.5Californians may need to show an acceptable form of ID when they vote by mail or in person if all of the following apply: 1) they’re voting for the first time in a federal election, 2) they registered by mail or online, and 3) they did not provide a California ID or SSN when registering. Acceptable forms of ID include, but aren’t limited to, a California driver’s license or state ID card, a US passport, a student or military ID, a utility bill, and a bank statement.

When voting by mail, California voters sign the outside of their ballot envelope, and elections officials verify the signature before counting the ballot.6California Elections Code, Section 3011(a)(7) and Section 3019. Voters must be given an opportunity to correct or “cure” their ballot if they failed to sign the envelope or if their signature does not match the signature on file.7California Elections Code, Sections 3019(c)-(e).

When voting in person, California voters state their name and address and sign a list of registered voters under penalty of perjury.8California Elections Code, Section 14216(a). While election officials do not verify the signatures of in-person voters before counting their ballots, counties have procedures in place to prevent voter fraud.9For example, in many counties, poll workers are able to look up voting records in real time to ensure that a voter has not already cast a ballot in the election. This applies to counties that participate in California’s Voter’s Choice Act as well as to counties that have adopted the Sign, Scan, and Go option. As noted above, it is a crime in California to fraudulently vote in an election, to vote more than once, or to impersonate another voter. Penalties range from up to one year in a county jail to up to three years in state prison.

Prop. 39

Prop. 39 would impose new requirements on Californians to cast a ballot in person or mail a ballot.

To vote in person:

  • Voters would have to present a “government-issued” ID when they arrive at their polling place. Prop. 39 does not specifically define what “government-issued” ID means, so the Legislature would need to clarify which types of ID a voter could present to prove their identity.10Prop. 39 says broadly that “government-issued” ID “means documentation that allows conclusive verification of the voter’s identity.”

To vote by mail:

  • All new and existing voters would have to select a “government-issued” ID that would be reflected in their “voter registration record.” This requirement effectively means that people who are currently registered to vote would have to re-register to provide their chosen ID to election officials.
  • When voting, voters would have to write on the outside of their ballot envelope the last four digits of a “unique identifying number” from the “government-issued” ID that they selected for the purpose of voting.11The government-issued ID that voters choose for this purpose would have to subsequently be made available to them “on request by phone or electronically.”
  • Election officials would verify that the four digits written on the envelope match the last four digits of the ID number in the voter’s registration record.

Requires the State to Create a New Voter ID Card

Current Law

California currently allows Californians to apply for three types of ID cards in addition to drivers’ licenses that are used to prove identity or age.12The ID cards are issued by the California Department of Motor Vehicles as alternatives to a driver’s license and cannot be used to operate a motor vehicle.

Prop. 39

Prop. 39 would require the state to provide a voter ID card to eligible voters who request one. Voters could use this optional ID as their “government-issued” ID for voting by mail or in person. This card would be provided to voters free of charge.

Requires Ongoing State Audits of How the State and Counties Are Complying with Prop. 39

Current Law

California’s independently elected Secretary of State oversees all elections in the state, including ensuring election laws are enforced, testing and approving voting equipment, compiling election returns, and certifying election results.

In addition, California’s independent, nonpartisan State Auditor conducts performance audits and investigations of various state and local government agencies and recommends solutions for improving services. However, the State Auditor currently does not have a formal, ongoing role in auditing California’s elections or evaluating election administration.

Prop. 39

Prop. 39 would require the State Auditor, in odd-numbered years, to audit state and county compliance with Prop. 39 and report any recommendations for improvement.

Requires the State Legislature to Pass Laws to Implement Prop. 39

Prop. 39 would require the Legislature to “promptly enact laws” to implement the measure. For example, legislators would have to define which kinds of “government-issued” ID would be acceptable for voting as well as clarify what it means to make a “best effort” to verify a voter’s citizenship status. Prop. 39 would also require the Legislature to establish rules for military and overseas voters that are consistent with federal law.

Allows Citizens to Sue the State or Any County for Not Complying with Prop. 39

Prop. 39 would allow private citizens to sue the state and/or any county for any alleged noncompliance with the initiative. The measure does not specify what kind of evidence would be required to file a lawsuit.

How Would Prop. 39 Affect Californians and the State?

Prop. 39 Would Waste Resources By Addressing a Nonexistent Problem

The voter ID requirements that Prop. 39 would establish provide a “solution” to a nonexistent problem. This measure is based on the false premise that voter fraud — casting a ballot when one is not eligible to vote — is undermining election integrity. However, research shows that voter fraud is exceedingly rare. For example:

  • Using a comprehensive database tracking election fraud that was created by the right-wing think tank Heritage Foundation, the Brookings Institute found across more than 200 federal elections held in recent decades, the share of fraudulent votes cast were infinitesimally small — ranging from roughly 3 to 15 votes out of 10 million in seven states with close election outcomes. The study concluded that “isolated instances of fraud do not constitute a widespread trend” and that “no election outcome in the US has ever been altered by ballot fraud.”
  • Summarizing findings across numerous academic studies and investigative reports, the Brennan Center for Justice concludes that cases of voter impersonation fraud are extremely rare and do not happen “on a scale even close to that necessary to ‘rig’ an election.” For instance, their seminal report, The Truth About Voter Fraud, concluded that “it is more likely that an individual will be struck by lightning than that [they] will impersonate another voter at the polls.”

Voter fraud among noncitizens is also extremely rare. The Brennan Center synthesized findings from comprehensive studies, state investigations, and nationwide surveys across more than two decades and concluded that “actual incidents of noncitizens voting is not a significant occurrence.” For instance:

  • One national survey of 44 election administrators representing 42 jurisdictions in 12 states, including officials in eight of the 10 jurisdictions with the largest populations of noncitizens nationally, found that in the 2016 election, officials referred only about 30 incidents of suspected noncitizen voting for further investigation or prosecution — amounting to 0.0001% of votes cast.
  • The Bipartisan Policy Institute concluded that “there is no evidence that noncitizen voting has ever been significant enough to impact an election’s outcome.” Allegations of noncitizens voting often come out of voter registration audits, but further investigation into these claims often shows that individuals were flagged as noncitizens erroneously.
  • The libertarian think tank Cato Institute found that “there is no good evidence that noncitizens voted illegally [in the 2020 election] in large enough numbers to actually shift the outcome of elections or even change the number of electoral votes.”

Additionally, while proponents of Prop. 39 argue that imposing additional ID requirements will strengthen voters’ trust in California’s election process, evidence for this claim is lacking. One study found that registered voters had roughly equal confidence that votes were counted accurately whether they were in states with strict voter ID laws or states with the minimum ID requirements mandated by federal law.

Subsequent studies by researchers at the University of California Riverside and Western Washington University looking at voter perceptions in 2014 and following the 2020 US presidential election found that strict voter ID laws and the quality of election administration more generally had little to no effect on voter confidence. This and other research suggests this may be because voters view election laws through a partisan lens and their confidence may be more heavily influenced by partisan rhetoric and whether their preferred candidate wins or loses an election.13See Lonna Rae Atkeson, Eli McKown-Dawson, and Robert M. Stein, “The Costs of Voting and Voter Confidence,” Political Research Quarterly 78, no. 1 (2025); Shaun Bowler and Todd Donovan, “A Partisan Model of Electoral Reform: Voter Identification Laws and Confidence in State Elections,” State Politics & Policy Quarterly 16, no. 3 (January 11, 2016); and Shaun Bowler and Todd Donovan, “Confidence in US Elections After the Big Lie,” Political Research Quarterly 77, no. 1 (October 23, 2023).

Prop. 39 would impose additional voter ID requirements when robust voter safeguards are already in place, needlessly lengthening the process of voting without adding any extra security. For example, California currently requires individuals to verify their identity when registering to vote and when voting in-person and by mail:

  • To register, individuals must show a California Driver’s License or state ID or the last four digits of their Social Security number (SSN) and certify under penalty of perjury that their voter registration information is correct and that they are a US citizen. Additionally, these forms of ID are securely verified by officials using Department of Motor Vehicle or Social Security Administration records. If individuals do not have these forms of ID, they can verify their identity with election officials using other forms of identification, such as bank statements, paychecks, or government checks.
  • To vote in-person or by mail, individuals may need to show proof of identity if it’s their first time voting in a federal election and they did not provide a California ID or SSN when registering. Otherwise, election officials verify the identity of individuals who vote in person by checking individuals’ names and addresses against a list of registered voters and requiring voters to sign a roster. For those who vote by mail, voters are required to sign their ballot envelope, used for signature verification, and declare under penalty of perjury that they are who they claim to be and reside within the precinct in which they are voting. Federal and state law also impose requirements designed to promote the maintenance of accurate lists of eligible voters.

In addition to these voter identification safeguards, voter fraud is a felony under state law that could result in imprisonment if convicted. Falsely claiming to be a US citizen on a voter registration application and attempting to vote could also result in deportation under federal law. These costs far outweigh the minimal benefit of adding an additional vote, as one-vote margin elections are rare and the probability that one vote will change an election outcome, particularly when the electorate is large, is extremely low.

Prop. 39 Would Create Barriers to Voting for Millions of Eligible Voters

The voter ID requirement in Prop. 39 would create roadblocks to voting for millions of voting-age Californians. For example:

Millions of Voting-Age Californians Lack an Up-to-Date Driver’s License

A driver’s license is one of the most common forms of ID. However, a survey conducted by VoteRiders and the Center for Democracy and Civic Engagement (CDCE) found that among voting-age Californians who are US citizens:

  • About 2.7 million (10.8%) do not have a driver’s license.
  • More than 3 million (12.6%) have a driver’s license that is expired, is from another state, and/or lacks updated information such as a current address or name.
  • People of color, young people, people with less education, people with lower incomes, and people with disabilities are less likely to have a driver’s license.

About One-Quarter of Voting-Age Californians Without a Driver’s License Also Lack an Official California State ID Card

Nearly one-fourth (24%) of Californians without a driver’s license also lack a state ID card, according to VoteRiders and CCDE. This same group of voting-age citizens is very likely to lack other forms of ID as well:

  • Only 29% of voting-age Californians without a driver’s license or a state ID have a current passport that is readily accessible, and
  • Only 13% of these Californians have a current public school ID (high school or college) as a form of identification.

Navigating ID Requirements Can Be Confusing and Costly

Voter ID laws assume voters have the resources and knowledge to understand that they lack qualifying ID. However, VoteRiders and CDCE report that among voting-age citizens in California:

  • 6 out of 10 express confusion about the state’s current in-person voter ID requirements.
  • Many are also concerned about the cost and wait time to obtain an ID.

Voter ID Requirements Disproportionately Impact Communities of Color

 A study published in The Journal of Politics that analyzed voter registrants in Texas who voted without ID in 2016 found that:

  • Registrants voting without ID were disproportionately Black and Latinx compared to voters casting ballots with ID.
  • Registrants without ID were less likely to vote when a strict ID mandate was in place, and more likely to be Black and Latinx, than those voting with ID.

Voter ID Requirements Would Disproportionately Impact Young Californians

Young Californians (ages 18-34) make up 30% of the state’s adult population, but only 21% of likely voters, according to the Public Policy Institute of California. Additionally, compared to older adults, young Californians were more likely to be people of color, less likely to own a home, and more likely to have an annual income below $60,000.

Prop 39’s voter ID barriers would disproportionately affect young Californians. This is because:

Prop. 39 would make navigating the voting process more challenging for a significant portion of California’s voters, and would especially impact Californians who already face barriers to voting. In a state where voter turnout has recently been lower than the national average, adding new, costly, and unnecessary administrative hurdles could lead to many more Californians opting out of voting altogether.

Prop. 39 Would Increase the Risk of Identity Theft

If Prop. 39 passes, Californians who vote by mail would have to write on the outside of their ballot envelope the last four digits of an identifying number from a government-issued ID. These four digits would have to match the ID on file with the county election office in order for their ballot to be counted.

Writing sensitive numbers on a ballot envelope could increase the risk of identity theft. Envelopes already include the voter’s name, address, and signature. Adding a partial number from a voter’s Social Security card or driver’s license, for example, would expose that number to fraudsters. These bad actors would have an additional — and consequential — data point to work with in creating a fraudulent profile to use in phishing and other scams.

The risk of identity theft would continue long after a ballot is mailed or dropped off. State and federal law require election materials, including ballot envelopes, to be stored for six to 22 months.14See California Elections Code, Section 17301 and Section 17302. This lengthy storage period increases the potential for sensitive numbers to be accessed and misused.

More broadly, Prop. 39’s requirement to write sensitive numbers on the outside of the ballot envelope is out of step with expert security guidelines. The federal government, for example, urges organizations to minimize the collection and retention of personally identifiable information “to what is strictly necessary to accomplish their business purpose and mission.”15US Department of Commerce, National Institute of Standards and Technology, Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) (April 2010), ES-2. These same guidelines note that “[p]artial identifiers, such as the first few digits or the last few digits of SSNs, are also often considered [personally identifiable information] because they are still nearly unique identifiers and are linked or linkable to a specific individual.”16Protecting the Confidentiality, 2-2, endnote 21.

If Prop. 39 is approved, the legitimate fear of identity theft could deter many Californians from voting by mail. This could suppress voter turnout since voting by mail is the easiest and most common way for Californians to cast a ballot, and some Californians may not be willing or able to travel to a polling place to vote in person.

Prop. 39 Would Add Burdensome Citizenship Verification Requirements

If Prop. 39 passes, election officials would be required to “use best efforts” — currently undefined — to verify the citizenship status of registered voters, using “government data”  — also lacking specifics — for this purpose. (The Legislature would have to define these terms in state law.) In addition, election officials would have to annually report the percentage of registered voters in each county whose citizenship status was verified. These requirements are burdensome, unnecessary, and harmful.

First, as noted above, voting by noncitizens is extremely rare. Numerous safeguards currently exist to ensure that noncitizens do not register to vote, and any non-citizen who tried to vote would face stiff penalties, including fines, imprisonment, and deportation. Prop. 39 would add needless, burdensome, and costly requirements to California’s rigorous voter verification process.

A voter casts a ballot at a polling place during an election, with voting booths and other voters visible in the background.

Curious About Other Ballot Propositions?

Browse our collection of resources covering California’s statewide ballot measures to help you understand what’s at stake for California this November.

Second, requiring citizenship verifications is nearly guaranteed to result in some citizens being incorrectly flagged as noncitizens and potentially removed from the voter rolls. Federal databases that election officials would likely use to verify voters’ citizenship are riddled with errors, inconsistencies, and outdated information. For example, an individual’s name may appear differently across various databases, possibly due to a name change following marriage or a simple spelling error. Furthermore, naturalized US citizens’ current citizenship status may not be accurately reflected in all government records.

Even under the best circumstances, federal agencies make “mistakes when identifying people’s citizenship or immigration status.” Moreover, a key government database that President Trump has tried to compel states to use to verify voters’ citizenship status has produced “persistent” errors. As one election official in Missouri put it: “It really does not help my confidence … that the information we are trying to use to make really important decisions, like the determination of voter eligibility, is so inaccurate.”

Incorrectly identifying California voters as noncitizens would:

  • Deeply harm the specific individuals involved. Voters whose citizenship is mistakenly cast in doubt would need to navigate burdensome processes at multiple levels of government to fix a problem that was not of their making. In addition, US citizens who are mistakenly identified as noncitizens could lose their ability to vote if they miss or don’t receive a notice from their county election office and run out of time to correct the error before an upcoming election.
  • Undermine public confidence in elections. Given the flaws in federal databases and the “errors inherent in any large-scale data-matching,” election officials would likely end up finding data discrepancies — discrepancies that would wrongfully call into question the citizenship status of some registered voters. Under this scenario, Prop. 39 would require counties to report that they could not verify some voters’ citizenship, even if this outcome was entirely due to defective federal data rather than fact. This, in turn, would needlessly undermine public confidence in California’s elections.
  • Fuel baseless conspiracy theories and frivolous lawsuits. Election deniers and other critics could use flawed citizenship findings to prop up baseless claims about “widespread” voter fraud. They could also use Prop. 39’s private right of action to file lawsuits aimed at forcing election officials to act on flawed data, potentially blocking citizens from exercising their right to vote. Prohibiting certain US citizens from voting could change the result of a close election — precisely the kind of illegitimate outcome that Prop. 39’s proponents claim they are trying to prevent.

Proposition 39 Would Create Substantial Costs at the State and Local Levels Without New Revenue to Pay for Them

Prop. 39 would impose substantial costs on state and local governments, but includes no new revenue to pay for these expenses. While the magnitude of the fiscal impact is uncertain, Prop. 39 is expected to increase annual state and local costs by tens of millions of dollars to low hundreds of millions of dollars, according to estimates from California’s nonpartisan Legislative Analyst’s Office (LAO).

State and local leaders would face the prospect of shifting funding from existing public services to make room in their budgets for the costs imposed by Prop. 39. These costs would hit just as state and local budgets are absorbing the impact of massive federal funding cuts to health care and food assistance imposed by H.R. 1, which President Trump signed into law in 2025. For example, counties have to implement more stringent federal work requirements for the Medi-Cal and CalFresh programs that will require hiring more staff and implementing complex rules. Overall, H.R. 1 is estimated to raise counties’ annual costs by $6 billion to $9.5 billion.

The LAO suggests that Prop. 39 could produce some “savings” if fewer Californians were registered to vote due to the measure’s changes. In other words, savings would result from reduced voter participation as Prop. 39’s barriers to voting were implemented. Even so, any budget savings “likely would not exceed the costs of the measure,” according to the LAO.

Ultimately, the fiscal impact of Prop. 39 would depend on choices made by the state, counties, and voters. For example:

  • The cost of the new state-issued voter ID would depend on the complexity of the card’s design, which would be determined by state leaders, as well as on how many voters request a card.
  • Staffing for the State Auditor’s office would need to expand substantially due to the new requirement for ongoing, bi-annual audits of all 58 counties and the state.
  • Staffing for the Secretary of State’s office would need to grow to provide additional oversight and support for county election offices and implement various requirements of Prop. 39, such as verifying that registered voters are US citizens. However, the magnitude of any staffing growth would depend on how the state chooses to implement Prop. 39.
  • Staffing for county election offices would need to grow due to the mandate to verify registered voters’ citizenship status. However, the magnitude of any staffing growth would depend on the requirements of the state’s implementing legislation.
  • Informational technology systems at the state and local levels could need to be created or upgraded to verify registered voters’ citizenship status. The cost of these changes could be substantial, but would depend on the requirements of the state’s implementing legislation.

Regardless of the magnitude of Prop. 39’s costs, the result would be the same: elected officials would face difficult choices about how to accommodate these new expenses in their budgets without any new revenue to pay for them. Redirecting existing revenue to Prop. 39 would leave less funding for other vital public services, including services for Californians with low incomes and communities of color — the same voters who would most likely be impacted by Prop. 39’s new, and unnecessary, voting requirements.

Prop. 39 Is Part of a Nationwide Effort to Restrict Voting and Limit People’s Say in Policymaking

Prop. 39 Is Aligned with Broader Efforts to Restrict Voting

Prop. 39 is part of a national wave of proposals — including strict voter ID laws — that would make it more difficult for Americans to exercise their constitutional right to vote, even as voter fraud, including voting by noncitizens, is virtually nonexistent and inconsequential. These efforts have accelerated as unsubstantiated voter fraud rhetoric has increased, particularly following President Trump’s lies about a “stolen” 2020 presidential election that he has continued to perpetuate throughout his second term.

This fall, voters in six states, including California, will consider measures to impose stricter voter ID laws. Already this year, eight states have approved more stringent requirements and one other state enshrined voter ID requirements in the state’s constitution.

Last year marked the first year since 2011 that states enacted more laws to restrict voting rights than to expand them. At least 17 states in 2025 enacted 32 laws that restrict voting rights — tying with 2021 for the largest number of restrictive voting rights laws passed since the Brennan Center for Justice began tracking such legislation in 2011. This included more than a dozen states that imposed harsher voter ID rules between 2021 and 2025, including six states that did so last year alone — efforts typically led by Republicans.

Additionally, House Republicans, with strong support from President Trump, have been working to advance federal legislation, the SAVE Act, which would require people to show documents demonstrating US citizenship, like a passport or birth certificate, to register to vote, even though voting by noncitizens is extremely rare and inconsequential for election outcomes.

Renowned historian Dr. Carol Anderson, author of One Person, No Vote: How Voter Suppression Is Destroying Our Democracy, has warned that the SAVE Act is “a voter purge bill dressed up as security,” as it could disenfranchise eligible voters, given that over 21 million US citizens lack ready access to the required documents. Several states have recently enacted legislation similar to the SAVE Act.

Investigative reporting by professor Ese Olumhense has also found a surge in legislation across states to increase the involvement of law enforcement in the voting process following the 2020 election. These state-led efforts, alongside federal court rulings that have continued to dismantle the Voting Rights Act in recent years, disproportionately threaten the voting rights of communities of color and represent “the latest chapter in the long history of US voter suppression.”

Restricting Voting Rights Limits People’s Say in How Public Resources Are Raised and Spent

Voting is the cornerstone of democracy. It allows citizens to have a say in public policies that affect their lives and communities, giving them a voice in one of core functions of government — determining how public resources are raised and spent. In her book, The Price of Democracy, Dr. Vanessa Williamson documents how democracy and taxation developed together throughout US history. This is because citizens who have a voice in policymaking are more willing to pay taxes, as they have a stake in how those taxes are used. Likewise, governments that depend on taxation have an incentive to listen to their voting — and taxpaying — citizens. 

Dr. Williamson’s work shows that throughout US history, “the battles over the breadth of our democracy are, with startling regularity, fights about taxes.”17Vanessa S. Williamson, The Price of Democracy: The Revolutionary Power of Taxation in American History (New York, NY: Basic Books), 6. She explains that “the possibility that people of moderate means would have a say over the tax system has persistently led wealthy people to undermine governments’ democratic practices and fiscal capacity,” especially “when they could play on racial animus” to divide the working class.18Price of Democracy, 248 and 8.

This history is important for understanding current efforts across the nation to erect barriers to voting. Although policies like strict voter ID requirements may appear equitable because they apply to all voters universally, they disproportionately threaten to make it harder for young people, people with low incomes, and people of color to vote.

The surge of such policies comes at a time when massive, unprecedented federal budget cuts are taking health care and food assistance away from people with low and moderate incomes to help pay for trillions of dollars in tax breaks for corporations and the wealthy. Many other pending federal actions, if successful, could also undercut families’ access to affordable housing, early care and education, and other essential public services.

To counter federal cuts to vital services, impacted communities are increasingly looking to state and local leaders to make taxes more fair and raise revenue for public investments. Yet the very people who would benefit the most from such investments are those inhibited the most by new hurdles to voting.

California Should Continue to Promote Voter Participation and Improve the Election Process

By focusing on a non-existent problem, Prop. 39 fails to address real election issues that California voters are concerned about. Recent polling by UC Berkeley’s Institute of Governmental Studies found that 8 in 10 California likely voters considered “defending democracy and protecting voting rights” very important when deciding who to support for governor in the June primary. Similarly, more than 7 in 10 California registered voters found it important for candidates running for president in 2028 and state leaders to prioritize efforts to “defend democracy and make voting more accessible.”

Prop. 39 fails to address these significant concerns. Instead, it would make voting less accessible for eligible voters, undercutting democracy. Rather than advancing harmful and unnecessary ID requirements, California should promote more robust voter participation while also continuing to improve the state’s election process.

Promoting Voter Participation

California has made strides to encourage voter participation, offering many avenues to make registration and voting more accessible. These include:

Despite these strong pro-voter policies, California still sees gaps in voter turnout, likely voters, and registration rates among people with lower incomes, communities of color, and young people. California’s leaders can continue to strengthen the state’s voter policies by:

California has many options for improving voter accessibility, but Prop. 39 is not one of them. California’s current laws make registering and voting easy, enabling more eligible citizens to participate in elections, whereas Prop. 39 would make voting more difficult, increase the likelihood that people legally able to vote are erroneously blocked from doing so, decrease participation in California elections, and limit Californians’ say in how public tax dollars are raised and spent.

Improving the Election Process

State leaders can adopt commonsense reforms to promote more timely election results while maintaining California’s solid track record of election security, accurate counts, and robust voter access.

California takes longer than many states to count ballots and certify elections largely due to pro-voting policies and strict ballot-verification requirements designed to ensure accuracy and integrity. However, lengthy ballot-counting allows bad-faith critics to promote baseless conspiracy theories and undermine confidence in elections.

State leaders should consider several changes to speed up ballot counting and improve transparency of the vote count without undercutting election integrity and voter access. For example, state leaders could:20For details about these and other recommendations, see California Voter Foundation, Ten Recommendations to Accelerate California’s Vote Count (July 27, 2026).

  • Provide additional funding to county election offices for equipment, staff, and facilities,
  • Help voters across the state to more quickly “cure” (correct) issues with the signature on their vote-by-mail (VBM) ballot envelope by developing a statewide electronic curing system,21Typical issues addressed through the “curing” process include missing signatures or a signature that does not compare to the signature associated with the voter’s registration record. As allowed by state law, some counties have implemented a “text-to-cure” system that allows voters to address signature issues by signing the screen of their phone or tablet and submitting it using a secure platform. Establishing a statewide electronic curing system — as proposed by AB 2604 (Berman) — would streamline the signature-curing process and help to cure more signatures faster, thereby speeding up ballot counting.
  • Encourage more counties to offer “Sign, Scan, and Go” voting, which allows Californians to cast their VBM ballot in person without the ballot envelope for faster processing,22This voting option, also known as “Sign and Go” voting, was offered by 31 of California’s 58 counties in the June 2026 primary election. This option speeds up ballot processing because voters cast their ballot directly into a ballot scanner or ballot box without the ballot envelope, eliminating the need for the ballot to be counted later. Voters using this option must provide their name and address and sign the roster for the voting location, and election officials verify in real time that the voter has not already cast a vote-by-mail ballot without the envelope. Some election officials remain concerned about how to securely and effectively implement this voting method. SB 1420 (Richardson) — passed by the Legislature on August 27, 2026 — aims to address these concerns by requiring the Secretary of State to develop uniform procedures for Sign, Scan and Go voting, which could encourage more counties to adopt this option.
  • Educate voters about the importance of returning mail ballots earlier or voting in person in order to reduce the number of last-minute ballots requiring time-intensive signature verification, and
  • Improve how the Secretary of State reports unofficial election results.

These and other reforms could help to accelerate ballot-counting and promote transparency while maintaining pro-voter policies that encourage a diverse range of Californians to make their voices heard in the electoral process.

Prop. 39 Supporters and Opponents

Prop. 39’s leading proponent is Republican State Assemblymember Carl DeMaio. Prominent supporters include the California Republican Party, Reform California, and Uline CEO Richard Uihlein.

Prominent opponents include California gubernatorial candidate Xavier Becerra, US Senator Alex Padilla, the American Civil Liberties Union (ACLU), Common Cause, the League of Women Voters, and the California Democratic Party.

  • 1
    California Elections Code, Section 2101(a). There are two exceptions: Oakland and San Francisco allow certain noncitizens to vote in local school board elections.
  • 2
    California Elections Code, Section 2150(b). Under federal law, state motor vehicle agencies — like California’s Department of Motor Vehicles (DMV) — must provide residents with the opportunity to register to vote when they apply for or renew a driver’s license or state ID card and/or change their address. In California, this is known as Motor Voter. DMV customers who indicate that they are eligible to vote are registered to vote by the Secretary of State (SOS) unless they opt out. However, the DMV does not send to the SOS information regarding customers who indicate they are not eligible to vote.
  • 3
    For example, see California Elections Code, Section 18560(a), 8 U.S.C. Section 1227(a)(6)(a), and 18 U.S.C. Section 611.
  • 4
    California Elections Code, Section 18560(b)-(c) and Section 18578.
  • 5
    Californians may need to show an acceptable form of ID when they vote by mail or in person if all of the following apply: 1) they’re voting for the first time in a federal election, 2) they registered by mail or online, and 3) they did not provide a California ID or SSN when registering. Acceptable forms of ID include, but aren’t limited to, a California driver’s license or state ID card, a US passport, a student or military ID, a utility bill, and a bank statement.
  • 6
    California Elections Code, Section 3011(a)(7) and Section 3019.
  • 7
    California Elections Code, Sections 3019(c)-(e).
  • 8
    California Elections Code, Section 14216(a).
  • 9
    For example, in many counties, poll workers are able to look up voting records in real time to ensure that a voter has not already cast a ballot in the election. This applies to counties that participate in California’s Voter’s Choice Act as well as to counties that have adopted the Sign, Scan, and Go option.
  • 10
    Prop. 39 says broadly that “government-issued” ID “means documentation that allows conclusive verification of the voter’s identity.”
  • 11
    The government-issued ID that voters choose for this purpose would have to subsequently be made available to them “on request by phone or electronically.”
  • 12
    The ID cards are issued by the California Department of Motor Vehicles as alternatives to a driver’s license and cannot be used to operate a motor vehicle.
  • 13
    See Lonna Rae Atkeson, Eli McKown-Dawson, and Robert M. Stein, “The Costs of Voting and Voter Confidence,” Political Research Quarterly 78, no. 1 (2025); Shaun Bowler and Todd Donovan, “A Partisan Model of Electoral Reform: Voter Identification Laws and Confidence in State Elections,” State Politics & Policy Quarterly 16, no. 3 (January 11, 2016); and Shaun Bowler and Todd Donovan, “Confidence in US Elections After the Big Lie,” Political Research Quarterly 77, no. 1 (October 23, 2023).
  • 14
    See California Elections Code, Section 17301 and Section 17302.
  • 15
    US Department of Commerce, National Institute of Standards and Technology, Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) (April 2010), ES-2.
  • 16
  • 17
    Vanessa S. Williamson, The Price of Democracy: The Revolutionary Power of Taxation in American History (New York, NY: Basic Books), 6.
  • 18
    Price of Democracy, 248 and 8.
  • 19
    In 2024, the Legislature passed Senate Bill 299 to further streamline voter registration by building on the current system, but it was vetoed by Governor Newsom.
  • 20
    For details about these and other recommendations, see California Voter Foundation, Ten Recommendations to Accelerate California’s Vote Count (July 27, 2026).
  • 21
    Typical issues addressed through the “curing” process include missing signatures or a signature that does not compare to the signature associated with the voter’s registration record. As allowed by state law, some counties have implemented a “text-to-cure” system that allows voters to address signature issues by signing the screen of their phone or tablet and submitting it using a secure platform. Establishing a statewide electronic curing system — as proposed by AB 2604 (Berman) — would streamline the signature-curing process and help to cure more signatures faster, thereby speeding up ballot counting.
  • 22
    This voting option, also known as “Sign and Go” voting, was offered by 31 of California’s 58 counties in the June 2026 primary election. This option speeds up ballot processing because voters cast their ballot directly into a ballot scanner or ballot box without the ballot envelope, eliminating the need for the ballot to be counted later. Voters using this option must provide their name and address and sign the roster for the voting location, and election officials verify in real time that the voter has not already cast a vote-by-mail ballot without the envelope. Some election officials remain concerned about how to securely and effectively implement this voting method. SB 1420 (Richardson) — passed by the Legislature on August 27, 2026 — aims to address these concerns by requiring the Secretary of State to develop uniform procedures for Sign, Scan and Go voting, which could encourage more counties to adopt this option.

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