The City Council in Santa Ana, Southern California, is facing a legal challenge over the wording of a ballot measure regarding non-U.S. citizen municipal voting. The majority of the council insists on placing it on the ballot for the November election, arguing that the description of “non-U.S. citizens” – including taxpayers and parents – is neutral wording. The plaintiffs claim that this wording could mislead voters and affect the election results, calling for its removal.
In 1996, the U.S. Congress passed a law prohibiting non-citizens from participating in federal elections, including those for the U.S. Senate, House of Representatives, and President. However, federal law does not apply to state and local level public office elections. Last fall, the Santa Ana City Council approved a ballot measure to include “noncitizen voting” on this year’s ballot, asking voters: “Do you agree to amend the city charter of Santa Ana to allow non-U.S. citizen residents, including taxpayers and parents (note: proposed to let non-citizens vote under the guise of ‘caring for children’), to participate in all municipal elections in that city?”
According to the “Orange County Register”, during a city council meeting on Tuesday, the majority of Santa Ana City Council members still insist on retaining this wording – despite a court order issued by an Orange County Superior Court judge in a lawsuit filed in May to update this potentially misleading language. The lawsuit is expected to go to trial at the end of this month.
In the lawsuit, lawyers James Lacy, the United States Justice Foundation, the California Public Policy Foundation, and Santa Ana resident Pasquale Talarico argued that the inclusion of “taxpayers and parents” in the language could mislead voters.
Lacy stated that while he opposes non-citizen voting, he does not oppose letting the voters decide; the purpose of the lawsuit is not to deprive Santa Ana residents of their decision-making power but to ensure that the ballot language is neutral, stating, “Election laws clearly stipulate that language favoring or opposing individual votes cannot be added to the ballot, there is no reason to include ‘taxpayers and parents,’ if these words are removed, the language will be fair and neutral.”
In early June, Judge Kimberly A. Knill agreed and ordered Santa Ana City Clerk Jennifer Hall and Orange County Registrar of Voters Bob Page to make revisions or appear in court to explain.
During the council meeting on the 18th, Councilman Johnathan Hernandez stated, “I believe the language is not biased; it simply describes who the non-citizens are,” and “Non-citizens have paid over $145 million in taxes in Orange County, without non-citizens, Orange County would not be the way it is today.”
Minority Councilman David Penaloza stated that when this municipal ballot measure was approved last year, city staff presented “neutral and comprehensive” wording, but it was later replaced by “deceptive” language aimed at “persuading and influencing” voters to vote in favor.
Vice Mayor Thai Viet Phan expressed that non-citizen voting is an important issue worth fighting for, stating, “While the council has been elevating and considering the issue of non-citizen residents, not every council does this, not everyone cares about this issue unless they can get your vote.”
Data from the Pew Research Center show that as of 2020, there were over 25 million non-citizen residents living in the U.S., including 12 million legal permanent residents, around 2 million students, tourists, foreign workers, foreign officials as temporary residents, and approximately 11 million undocumented immigrants. However, over the past four years, there has been a significant influx of illegal immigrants at the southern border, far exceeding the 2020 numbers.
According to the political encyclopedia website “Ballotpedia.org”, as of June 2024, none of the 50 states in the U.S. explicitly allow non-citizens to participate in local elections, with 7 states explicitly prohibiting it; 6 states have approved voting regulations related to citizenship requirements; 5 states will have similar proposals on the ballot in the 2024 elections; and in the District of Columbia and 3 states (California, Maryland, and Vermont), certain municipal governments allow non-citizens to participate in local elections.
Currently, there are two cities in California that have approved non-citizen voting. In 2022, Oakland voters approved a municipal charter amendment with a 67% majority, allowing non-citizen residents (defined as parents of schoolchildren, legal guardians, or lawfully recognized caregivers) to vote for the Oakland school board, effective in 2023.
San Francisco’s “non-citizen voting” charter amendment was proposed earliest but faced twists and turns. In 2016, 54% of San Francisco voters supported amending the charter to allow parents, guardians, or caregivers of children residing in the San Francisco Unified School District to vote for members of the Board of Education, effective in 2018.
Opponents later filed a lawsuit, and in 2022, Judge Richard B. Ulmer, Jr. of the San Francisco Superior Court dismissed the municipal ballot measure, stating it violated the California Constitution and the voting rights of American citizens. However, months later, the appellate court overturned Ulmer’s ruling, finding it compliant with state and city charters. In August 2023, the appellate court upheld the decision, allowing non-citizen parents of children residing in San Francisco to vote in school board elections.
The Santa Ana non-citizen ballot measure appearing in the upcoming November election has expanded to all municipal elections rather than just school board members.