New Court Order Means Noncitizen Parents Can Vote in Nov. 8 Election for San Francisco School Board

Noncitizen parents will be allowed to vote in the Nov. 8 election for school board in San Francisco after a state appeals court rejected opponents’ request to decide a case about the legality of the city’s voting ordinance before then.

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Conservative activists behind a lawsuit challenging the ordinance had asked the court to expedite its review of the case and, in the meantime, grant an immediate injunction to block the city from providing ballots to noncitizens. But the First District Court of Appeal in San Francisco rejected both requests in an order Thursday.

The three-member appeals panel noted, in its brief order, that opponents of the ordinance allowed “four elections to take place with noncitizen voting before filing the instant lawsuit.”

But the fate of San Francisco’s ordinance still hangs by a thread. The ordinance allows noncitizens — including undocumented immigrants and legal residents — to vote for school board candidates if they are a parent or guardian of a school-age child and are not in prison or on parole for a felony conviction.

In August, a Superior Court judge struck down the ordinance and said only U.S. citizens are permitted to vote. Conservative groups have cited a provision in the California Constitution that declares, “A United States citizen 18 years of age and resident in this State may vote.”

San Francisco challenged that ruling to the First District Court of Appeal, which restored noncitizen voting, at least for now. The appeals court granted the city’s request for a stay to set aside the judge’s ruling and leave the ordinance in effect while the case is on appeal. The justices said opponents of the law had not shown they would suffer “irreparable damage in their business or profession” if the law remained in effect during the appeal.

City voters approved the ordinance, the first of its kind in the state, with Proposition N in 2016. The law took effect in 2018, and was extended indefinitely by the Board of Supervisors in 2021.

The lead plaintiff in the case, James V. Lacy, said in a statement Friday that the Court of Appeal’s decision to not expedite its review of the case would likely result in noncitizens casting ballots that “will unconstitutionally dilute the voting power of all citizen voters, including those of ethnic minority groups.”

Noncitizen voter turnout has been low in past elections, possibly due to fears about sharing their identities with the government. Election officials said noncitizen voters accounted for 238 of the 180,000 ballots cast in the February election that recalled three school board members from office.

Attorneys for San Francisco contend the provision in the California Constitution stating that citizens “may vote” does not prevent a local government from allowing noncitizens to vote.

Click here to read the full article at the SF Chronicle


  1. Philip Gallanders says

    This S.F. law is clearly unconstitutional, going directly contrary to the words within the California constitution.

    Presumably the court of appeals is illiterate and cannot read or understand the plain meaning of words?

    By their obviously and blatantly offering their middle fingers to lawful citizens, this court has made the entire ballot in San Francisco null and void.

    Thereby, by eliminating the legal, Constitutional right of only U.S. citizens to vote in U.S. & State elections, this court is threatening our Republican form of government and stands in violation of theU.S. Constitution, Article IV, Section 4

  2. Amen Philip

  3. William Tapley says

    ooh the irony that Democracy IS under attack by the DEMOCRATIC controlled state of CA.
    I’m embarrassed by anyone who sides with Biden and would support Newsome as president. SF is turning into a real mess and the Democrats are happy with that and wants the whole nation under their controll. And to achieve it they would destroy America’s borders, language, and culture. They truly hate America. You heard O say it. Fundamentally changing America is their goal. What other country allows non citizens to vote?

  4. First of all, America is a Republic……if we can keep it. Secondly, Democrats only fix problems they cause with MORE problems………and they like throwing enormous amounts of money we don’t have, at problems that don’t exist, for solutions that don’t work!!! Thirdly, it will take a conservative,non-politician, Christian, billionaire to actually solve these problems. Oh wait………sounds exactly what President Trump was doing!!!

  5. Just another action by political active judges who decide that truth and adherence to the law and Constitution do not mean a thing.

    But this be a lesson to our side. You cannot sit on your wallets until you get fed up with unethical and corrupt actions. The appeals jerks state that it is case law because our side let numerous elections go by.

    Should not make a difference, breaking the law is breaking the law.

    But if you are a Democrat who cares.

  6. If any illegal does not like what they find in our country, there is a border to the south they can cross. This is a slippery slope —— how many years will pass before illegals are voting for the President?

  7. These judges, what a crock. So no justice if one does not file an action immediately after an unconstitional law is passed? And ‘opponents ie.Plaintiffs can’t show “irreparable damage in their business or profession” ??? What the the hell does that mean. What about IRREPARABLE HARM TO THE NATION AND IT’S CITIZENS? Unbelievable.

    @John – Years? These democrat traitors want them voting in 2024!! Voting for President IS their goal effectively taking over OUR COUNTRY permanently.

    Note Exhibit A – 5 million invaders entered through biden’s lawless open southern border in just two years! They are being given free food clothing and shelter and lying low until the big election.
    Demonrats CANNOT win on policy or merit and will do ANYTHING to hold on to power.

    Overwhelm the ballot box on Election Day. Do NOT mail your ballot, please.

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