Assemblymember Carl DeMaio (R-San Diego) is criticizing the ballot title and summary for California’s Proposition 39, arguing the updated language does not accurately describe the voter initiative.

The measure would require stricter identification when voting. DeMaio said the ballot title, which is issued by Attorney General Rob Bonta, was changed in a way that could influence how voters view the proposal.

“The ballot title is being manipulated to try to encourage people to vote no, to scare voters away. They’re trying to falsely claim that citizens would be prohibited from voting,” DeMaio said.

DeMaio pointed to changes made between the initiative’s circulating title and the version that will appear on the ballot. He said the original language stated the measure would establish additional voter identification and citizenship verification requirements. The updated ballot title now says the measure “prohibits citizens from voting unless they present government-issued identification,” a description DeMaio said is inaccurate.

“It is so illegitimate. It is so corrupt. It is so dishonest what this attorney general has decided to do, because he does not support this initiative,” DeMaio said.

A spokesperson for the Attorney General’s Office provided ABC10 with this statement:

“When a measure qualifies for the ballot, the Attorney General’s Office is required to issue a ballot title and summary and a condensed ballot title and summary. Elections Code section 9051(a)(1) specifies that ‘The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure….’ We take our responsibilities seriously at all stages of the process. It is not uncommon for the ballot title and summary to change from the circulating version — and this year, all nine voter-proposed initiatives had changes. Our office properly exercised its discretion to provide further clarity to voters about Prop 39’s chief purpose and points for the ballot stage.”

Capitol Weekly Editor-in-Chief Rich Ehisen said all nine voter-proposed measures on the November ballot had their ballot titles shortened.

“There are 9 total voter-approved measures that voters will be addressing in November. All of them had their ballot titles shortened as well, so he would have to make a case that his was singled out for partisan reasons and in a partisan manner,” Ehisen said.

DeMaio said he is considering legal action but acknowledged time is limited because of the deadline for the state ballot guide.

“We are reviewing all legal options because this is obviously undemocratic, it’s unethical and we believe it’s illegal as well, but the problem is that we’re up against a time crunch with the filing of the state ballot guide,” DeMaio said.

When asked what language he would prefer to see on the ballot, DeMaio’s team did not provide an alternative. A spokesperson for his team instead said that if Proposition 39 passes, citizenship verification would be handled by the government, and voters would not be required to show documentation for that verification.

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