On Tuesday, August 16, 2022, the United States Justice Foundation files Complaint Against the City of Oakland filed a Complaint against the City of Oakland after the Oakland City Council proposed a Charter Amendment to City voters this November. This amendment would “allow noncitizen residents, who are the parents, legal guardians, or legally recognized caregivers of a child residing in Oakland, to vote for the office of school board director on the Oakland Unified School District Board of Education.” The City of Oakland cited the City of San Francisco’s similar measure, however San Francisco’s ordinance allowing noncitizens to vote in school board elections was ruled unconstitutional and invalidated in Superior Court in July of 2022. The California Constitution is clear: to vote in California one must be over 18 years of age and a citizen of the United States. California Public Policy Foundation brings this petition in the Superior Court of Alameda County, asking the Court to remove the noncitizen voting measure from the November 2022 ballot in Oakland and to declare that Oakland does not have the power to extend voting privileges to non-citizens. Such a ruling will ensure fidelity to the California Constitution and protect election integrity in California
