City attorney David Chiu called it a 'wonderful victory for immigrant parents'
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A state appeals court ruled in favor of laws in two California cities allowing noncitizen parents to vote in their school board elections.
Proposition N permitted adult San Francisco residents who are parents/guardians of children in the San Francisco Unified School District to vote in elections for the Board of Education, whether they are legal U.S. citizens or not.
While the legislation was first enacted in 2018, it was reportedly later ruled invalid by Superior Court Judge Richard Ulmer in July 2022. The San Francisco Chronicle summarized that his ruling had been "based on a provision of the state Constitution declaring that ‘a United States citizen 18 years of age and resident in this State may vote,’" arguing the language "prohibited state and local governments from allowing noncitizens to vote."
However, since then, the First District Court of Appeal has taken issue with his interpretation.
The court battle over this legislation has flipped back and forth in recent years as legal minds debate whether the Founding Fathers intended to allow non-citizens to vote in American affairs. (iStock )
"The First District Court of Appeal said Tuesday that the "may vote" language did not restrict the authority of state or local governments — particularly charter cities like San Francisco, which have substantial powers of self-government — to expand voting rights," The Chronicle summarized further. "The court, following standard legal procedures, had put Ulmer’s ruling on hold and allowed noncitizen parents to vote in November’s election."
Justice Mark Simons wrote in the latest 3-0 ruling defending this law that it "makes sense to confer on charter cities the authority to expand the electorate where, as here, the city’s voters determine that doing so would better serve local needs."
This was opposed by the United States Justice Foundation, a conservative nonprofit, led by its founder attorney James Lacy.
The local appeals court rejected his challenge for two main reasons.
"First, neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens," the court wrote. "Second, the relevant constitutional provisions authorizing home rule permit charter cities to implement such an expansion in local school board elections."
California and its city of San Francisco in particular is often at the center of controversies about far-left politics being implemented in various levels of society. (Photo by Philip Pacheco / AFP) (Photo by PHILIP PACHECO/AFP via Getty Images) (PHILIP PACHECO/AFP via Getty Images)
The Chronicle observed that "California’s 125 charter cities," where similar policy can be implemented, "also include Oakland, where 66% of the voters approved Measure S in November, authorizing the City Council to approve voting by noncitizen parents or guardians in school elections."
City Attorney David Chiu declared that the ruling is "a wonderful victory for immigrant parents, who can continue to exercise their right to vote in San Francisco school board elections," He went on to say, "When more parents have a voice in the direction of our schools, it leads to better outcomes for all students and communities."
Simons noted that Plaintiffs emphasized a 19th century decision, Spier v. Baker which had warned, "If the legislature has such power, it could extend the right to aliens, to minors, to women. It has no such power. The legislature can no more extend the right of suffrage to persons not included in the constitutional provision than it can deprive persons there included of the right."
Simons responded that "Spier’s assertion that the Constitution divested the Legislature of the power to expand the electorate to noncitizens reflects neither a thorough analysis nor compelling logic."
Lacy reportedly slammed the decision to allow non-citizens to vote as being something the Founding Fathers never would have intended.
"I can’t imagine that the founders of our Constitution expected that employees of the Chinese embassy in San Francisco … would have an equal right to vote with the citizens of San Francisco on the school board," Lacy said.
He also reportedly declared his group will sue any other city in California that permits non-citizens to vote.
Fox News Digital reached out to the City of San Francisco's mayor for comment on this, but did not immediately hear back.
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Alexander Hall is an associate editor for Fox News Digital. Story tips can be sent to
