Judge Strikes Down San Francisco Law Allowing Noncitizens to Vote in School Board Elections

San Francisco’s experimentation with allowing noncitizens to vote in school board elections is over. 

Finding that the practice violates the state constitution, San Francisco Superior Court Judge Richard Ulmer recently struck down the city ordinance that green-lit the practice.

In 2016, San Francisco voters approved a charter amendment allowing certain noncitizens to vote in school board elections. The Charter amendment also gave the County Board of Supervisors authority to extend the noncitizen voting authorization beyond 2022. On November 2, 2021, the San Francisco Board of Supervisors extended indefinitely the ordinance allowing noncitizens to vote beyond 2022.

In March 2022, California attorney James Lacy filed a lawsuit against the city and county of San Francisco over this law arguing that San Francisco residents have a clear interest in ensuring their school board elections follow state law, especially because state taxpayers partially fund school districts.

“The State of California has a long-standing requirement that voters must be United States citizens,” the lawsuit by James V. Lacy; Michael Denny; United States Justice Foundation; and California Public Policy Foundation opens with. “This requirement applies to every election in the state, even those conducted by charter cities, because determining voter qualifications is a matter of statewide concern where state law supersedes conflicting charter city ordinances. Therefore, the San Francisco ordinance authorizing noncitizen voting in elections for the San Francisco Unified School District (SFUSD) is unlawful and may not be implemented.” (California Globe)

Ulmer agreed, writing in his ruling: “Transcendent law of California, the Constitution … reserves the right to vote to a United States citizen, contrary to (the) San Francisco ordinance.”

A New York court struck down a similar ordinance in June that would’ve allowed noncitizens to vote in municipal elections.