On Thursday, December 15, 2022, the United States Justice Foundation filed a Complaint against the City of Oakland in the Superior Court of Alameda County, asking the Court to enjoin a Charter Amendment allowing noncitizens to vote in elections for Oakland Unified School District (OUSD) board members. USJF took this step after voters in the City of Oakland passed Measure S on November 8, 2022. Measure S amended the City Charter by adding section 1107 to article XI to “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 United States Justice Foundation brought this action because the California Constitution is clear: to vote in California one must be over 18 years of age and a citizen of the United States. 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. USJF asks the Court to declare that section 1107 of Article XI of the Oakland City Charter is unconstitutional, and that the City of Oakland be prohibited from implementing section 1107. Such a ruling will ensure fidelity to the California Constitution and protect election integrity in California.
What the American Constitution that allows anyone 18 and over to vote, isn’t that worth fighting for before the California Constitution?