Californians Weigh Prop. 39 Voter ID and Prop. 5 Recall Reform

ORINDA, MORAGA & LAFAYETTE, Calif. — Alongside local council and school district contests on Tuesday, November 3, California voters are deciding 2 constitutional amendments that would fundamentally alter how state elections and recalls are conducted: Proposition 39, a citizen-initiated voter identification mandate, and Proposition 5, a legislatively referred overhaul of California's recall process.

Proposition 39: $72 Million Battle Over In-Person Photo ID and Mail-Ballot Verification

As reported by KCRA 3 and CBS Sacramento, Proposition 39 was placed on the ballot by Republican Assemblymember Carl DeMaio (R-San Diego) and his committee Reform California, which collected more than 875,000 voter signatures to qualify the constitutional amendment.

If approved by a simple majority of voters, Proposition 39 would enact 4 core changes to California election law:

1. In-Person Photo Identification: Require voters casting ballots in person to present valid government-issued photo identification (such as a driver's license, passport, or military ID).
2. Mail-In Ballot ID Digits: Require voters returning mail-in ballots to write the last 4 digits of a unique government-issued identification number (such as a driver's license, state ID, or Social Security number) on the return envelope.
3. Voter Roll Citizenship Verification & Audits: Require county and state election officials to verify the citizenship of registered voters and conduct regular compliance audits.
4. Free State Identification Cards: Require the state to provide free government identification cards to eligible voters who do not already possess one, a mandate state fiscal analysts estimate could cost tens of millions of dollars annually.

Campaign finance filings show $72 million raised across both sides of Proposition 39. Supporters have raised $37 million—anchored by $17 million from Illinois packaging billionaire Richard Uihlein and $8 million from Airbnb co-founder Joe Gebbia—while opponents led by the California Democratic Party ($6.5 million) and the ACLU of Northern California have raised $35 million, arguing that 3.7 million voting-age Californians lack a driver's license or state ID.

Proposition 5 (SCA 1): Restructuring California's 113-Year-Old Recall Process

According to CBS Sacramento, voters are also deciding Proposition 5 (Senate Constitutional Amendment 1), authored by Democratic State Senator Josh Newman (D-Fullerton)—who was himself recalled from the State Senate in 2018 before winning his seat back in 2020.

Since California adopted the constitutional recall in 1913, 11 recall elections against state officials have qualified for the ballot and 6 have succeeded in removing the officeholder. Under current rules—most recently spotlighted during the $200 million 2021 gubernatorial recall election against Governor Gavin Newsom—voters cast 2 votes on the same ballot: first whether to recall the official, and second which replacement candidate should take office if more than 50% vote yes.

Proposition 5 would eliminate the simultaneous replacement race from recall ballots. Instead, voters would decide only whether to remove the state official. If a recall succeeds against the governor, the lieutenant governor would assume office; for other statewide officials and state legislators, the vacancy would be filled through California's standard gubernatorial appointment or special-election procedures. An October survey by the Public Policy Institute of California (PPIC) found 45% of likely voters supporting Proposition 5 and 52% opposed.