In 2016, voters in San Francisco passed an Ordinance that gave noncitizens the right to vote in school board elections. It also allowed the city’s Board of Supervisors to extend this right indefinitely, which it did in 2021. USJF then filed a writ with the Superior Court in San Francisco, asserting that the ordinance violates the California Constitution and is unlawful.
Attached is the Order that 1) declares that the City of San Francisco’s Ordinance allowing noncitizens to vote in school board elections is void and unenforceable; 2) prohibits the counting of votes in San Francisco school board elections by persons who are not US citizens; 3) places a permanent injunction prohibiting the implementation of the Ordinance in future elections; and 4) rules the Ordinance to be invalid and without effect.
In short, the judge agreed with USJF and ruled in our favor, that allowing noncitizens to vote in local school board elections is unconstitutional, and thus the Ordinance is no longer in effect.
Following the judge’s decision in USJF’s favor, the City of San Francisco declared their intention to appeal the decision, and filed a motion asking the Superior Court to stay the judgment pending appeal. In his Order denying the Stay, the judge stated that the Ordinance “violates unequivocal provisions of the California Constitution” and that it “is not a difficult or close question.”
Therefore, the original Order ending noncitizen voting in SF school board elections is still in effect. Attached is the Order Denying Motion for Stay.
