A Sacramento County Superior Court judge has rejected a legal challenge from supporters of Proposition 39, a California constitutional amendment on voter identification and citizenship verification, after the measure’s official ballot title was changed ahead of its release in the state’s voter guide.
Ballots begin going out to California voters on October 5. When the measure first qualified for the ballot, the Secretary of State described it using the Attorney General’s circulating title: “Establishes Additional Voter Identification and Citizenship Verification Requirements.”
The title that will appear in the official voter guide reads differently: “Prohibits Citizens From Voting Unless They Present Government-Issued Identification.”
Supporters of Proposition 39 challenged the revised wording in Sacramento County Superior Court, arguing it was prejudicial to the measure. The judge rejected that argument, ruling that the new title and summary accurately described the measure’s effects.
The dispute has drawn attention beyond the courtroom. In a column published by Red State, former U.S. Congressman Mike Garcia, now chairman of America First California at the America First Policy Institute, argued that the change in wording matters regardless of how the court ruled, saying the Attorney General’s office should aim for neutral descriptions of ballot measures rather than language that could shape voters’ first impressions.
“The question isn’t simply whether each word can be defended as technically accurate. It’s whether the government’s description gives voters a neutral understanding of the policy choice before them,” Garcia wrote.
California’s ballot initiative process allows voters to amend statutes and the state Constitution directly, with the Attorney General’s office responsible for preparing the official titles and summaries that appear before voters encounter the full text of a measure.
The Sacramento County Superior Court’s ruling allows the revised title and summary to stand as voting begins this month.
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