Can Non-Citizens Participate in Elections? Residents of Santa Ana, California to Vote

Santa Ana City in Orange County may soon become the first city in California to allow non-citizens to vote in all municipal elections.

According to the city’s website, Proposition DD on the ballot on November 5th will allow non-citizens to participate in the city’s elections, starting no later than November 2028. With approximately 23% of residents in the city being non-citizens according to U.S. Census Bureau data, if the proposition passes, it will allow both legal and illegal immigrants to vote in all local elections, including mayoral and city council elections, as well as on sales tax increases and municipal bond measures.

Former Santa Ana City Councilwoman Nelida Mendoza wrote arguments against Proposition DD. She pointed out that implementing the proposal could cost local taxpayers $10 million and potentially lead to budget cuts in public safety, emergency services, and other municipal functions. “We support our immigrant residents, Santa Ana is a vibrant city with a rich tradition of immigrant communities, families, and businesses,” she said, “but we must assess the importance of protecting neighborhoods, cleaning and repairing streets, and clearing trash.”

Proposition DD has garnered support from Santa Ana City Council members Jonathan Hernandez, Benjamin Vazquez, and Jessie Lopez, as well as Acting Mayor Thai Viet Phan. The council members stated in their supporting letter that in the first 150 years of American history, 40 states and territories at various times allowed non-citizens to vote in local elections. “Federal law clearly states that if state and local laws permit, non-citizens can vote in local elections.”

Councilmembers Phil Bacerra, David Penaloza, and Mayor Valerie Amezcua voted against placing the measure before the voters. Proposition DD has been approved by the Santa Ana City Council and will appear on the ballot in November 2024. The proposal has gained nationwide attention due to its sensitivity.

The Republican Party has included voter identification as part of its 2024 agenda, with House Republicans holding a hearing in May on how to prevent non-citizen voting. The party also supports H.R.8281, the “Protect America’s Voting Eligibility Act,” currently under Senate consideration, which requires proof of citizenship when registering to vote in federal elections. It is illegal for non-citizens to vote in federal elections.

Currently, non-citizens can vote in local school board elections in San Francisco, California. Across the bay in Oakland, a similar measure has also been passed.

In Huntington Beach, a coastal city less than 15 miles west of Santa Ana in Orange County, voters approved a measure requiring voter identification at the polls. However, the California government promptly sued and halted the city’s measure. Governor’s signing of SB1174 in September prohibits local governments from enacting or enforcing any voter identification requirements at the polls.