“The Constitution’s affirmative identification of who ‘may vote’ does not expressly deny such power. The additional direction to the legislature to disqualify certain groups does not necessarily imply that the constitution rigidly cements the universe of who may and may not vote.” — First Appellate District Court Justice Mark Simons

(From the August 11, 2023 Northern California Record article, “Appeals panel says San Francisco allowed to let noncitizens vote in school board elections”)

A state appeals panel has determined nothing in California law or the San Francisco charter blocks noncitizens from voting in school board elections.

Although city voters amended the charter in 2016 to allow noncitizen voting in school board elections, by parents and guardians of school-age children, the lawsuit challenging the change started in March 2022. Named plaintiffs James Lacy and Michael Denny joined the U.S. Justice Foundation and the California Public Policy Foundation in arguing Proposition N and the ordinances it advanced violated the state constitution and elections code.

Read the entire article here.