Court upholds San Francisco allowing noncitizens to vote in school board elections

SAN FRANCISCO – Noncitizens who live in San Francisco will continue to be allowed to vote in school board elections, a court ruled Tuesday.

The California Court of Appeal said that Proposition N, which was passed by the city’s voters in 2016, is permissible under the state’s Constitution and under the City Charter. Under Proposition N, noncitizen residents who are adult parents or guardians of children under 19 living in the city to vote in board elections.

“We reject the challenge for two reasons,” the court announced in Tuesday’s decision. “First, neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens. Second, the relevant constitutional provisions authorizing home rule permit charter cities to implement such an expansion in local school board elections.”

Proposition N was challenged in court following last year’s recall election, where voters ousted embattled members Alison Collins, Faauuga Moliga and Gabriella Lopez. According to the City Attorney’s office, the election had the highest participation of noncitizen voters since the program was implemented.

A San Francisco Superior Court judge ruled the measure was unconstitutional in July 2022.

“The Court’s decision is a wonderful victory for immigrant parents, who can continue to exercise their right to vote in San Francisco school board elections,” City Attorney David Chiu said in a statement. “When more parents have a voice in the direction of our schools, it leads to better outcomes for all students and communities.”

Chiu said at least 14 cities in the U.S. allow noncitizens to vote in municipal elections.