School board OKs non-citizens to vote in school board elections, appeals court upholds decision

SAN FRANCISCO, CA – In 2016, the San Francisco Board of Education opened the door to allow illegal immigrants in their city to vote in school board elections. That decision was taken to court in 2022, alleging that it violated the California Constitution.

On August 8th of this year, the California Court of Appeal upheld the decision by the board. In the 35-page opinion issued by the court, they provided the two reasons why they say that it does not violate the state’s charter.

“First, neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens," the decision said. "Second, the relevant constitutional provisions authorizing home rule permit charter cities to implement such an expansion in local school board elections. This authority is consistent with the principles underlying home rule and permits the voters of each charter city to determine whether it is good policy for their city or not.”
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