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Non-Citizen Voting in San Francisco

Non-citizen voting blog image
November 5, 2019 SF Unified School District Board Election
By Ruth Geos

One seat on the SF Unified School District Board is now open for special election on November 5, 2019: a three-way contest between Robert K. Coleman, Jenny Lam, and Kirsten Strobel. This is the one local race for which San Francisco non-citizens have the right to vote, regardless of immigration status, if they are parents to children in the system and are willing to formally register.

This right was established when San Francisco voters approved Proposition N in 2016, granting non-citizens with children in the SFUSD the right to vote in school board elections. Formally speaking, Prop. N became a part of the San Francisco Charter, Article XIII Elections, Section 13.111.  New sections of the San Francisco Municipal Elections Code, §§ 1001-1005 were also adopted to regulate how the non-citizen registration and voting system would be handled separately from other local, state, and national elections where non-citizens could not vote. San Francisco citizen voters—whether parents or not—are also qualified to vote for Board of Education representatives.

Although declared a radical step by some when Prop. N passed, San Francisco’s adoption of limited voting rights for non-citizens is not as bold or as isolated as some may urge, and rather reflects the state of non-citizen rights and public participation that was common in the first part of American history. In early America, the suffrage pattern was to deliberately extend voting privileges to non-citizens, ending only in the 1920s in the wake of world events affecting political attitudes towards immigration.

Equating citizenship with the exclusive right to vote is not as accurate it may sound.  In 1872, four years after the 14th Amendment was passed but 48 years before the 19th Amendment granting women full suffrage, Ellen Van Valkenburg appealed for the right to register to vote in Santa Cruz County. The California Supreme Court found that the US Constitution at that stage did not offer parity in voting to women, even to women citizens, parsing the difference between political and civil rights of citizens. It pointed out that the right to vote is as we grant it:

…unnaturalized foreigners were by State laws allowed to vote—following in this respect the early policy of the Federal Government, who, in the ordinance of 1787, for the government of the Northwestern Territory, had permitted the elective franchise to the unnaturalized French and Canadians, of whom the population of that Territory was then largely composed. It will be found that from the earliest periods of our history the State laws regulated the privilege of the elective franchise within their respective limits, and that these laws were exactly such as local interests, peculiar conditions, or supposed policy dictated…
Van Valkenburg v. Brown (1872) 43 Cal. 43, 50–5

In contemporary times, San Francisco is not the only municipality—nor even the first—to extend voting rights to non-citizens in school board or other local matters. The city of Chicago, and ten municipalities in Maryland, including Tacoma Park, provide for non-citizen voting in local school board elections, and other American cities have also pushed forward on this initiative. Internationally, a range of countries, including Canada, Norway, Sweden, Switzerland, and New Zealand, extend voting rights to residents who are not citizens, some even further than limited local participation.

The idea behind non-citizen voting in school board elections is to increase parental participation in public schools where their children are being educated. As advocates at the time of Proposition N pointed out, at least a third of all children in the SF public schools have immigrant parents, and these are the non-citizens who may not be otherwise represented. Some of these parents may be documented, with green cards, for example, and others undocumented, but all, as parents, have a stake in the allotment of school resources and development of school curriculum and policies.

This limited right to vote, however, comes with an implicit risk—as plainly stated in all San Francisco election materials:

non-citizen voting

The risk to families is compounded by the requirement that a non-citizen voter registration is valid for one school board election at a time; the San Francisco Municipal Elections Code §1002(d) requires that a new voter registration be submitted for each school board election by non-citizens.

Reports from the 2018 midterm election estimate that no more than 60 San Francisco non-citizens voted in the last school board election. Prop N included its own sunset provision, extending non-citizen voting rights only to the end of 2022, requiring the Board of Supervisors, with the input of the entire San Francisco community, to then decide whether to continue with this policy initiative. At least until 2022, non-citizen parents in San Francisco with children in the public schools are entitled to vote in school board elections—and perhaps that’s sufficient time, in the best of worlds, to resolve the inherent dilemmas and to decide whether we will uphold the right itself.


The registration deadline for all voters for the next November 5, 2019 election has passed; however, all San Francisco voters who missed this date are still permitted to go in person to register and vote a provisional ballot either at the City Hall Voting Center or the SF State voting Center to vote.  Find more information at the SF Board of Elections, or call them at: (415) 554-4375.


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California Wildfire Resources

For those affected by the ongoing California wildfires and the Public Safety Power Shutoff (PSPS) or those who would like to help, here are some resources. Additionally, the law library is open to the public for our regular hours.

For victims and evacuees:

Power Outage and Fire Recovery Resources:
Wildfire Incidents
Power Outages
Shelters/Housing
Transportation Impacts
Health Services
State and Local Resources
How to make a donation

Public Safety Power Shutoff Event (PG&E)

SF72 (run by the Department of Emergency Management)

Public Safety Power Shutoff Preparedness Information (available in multiple languages)

Guide to Disaster Assistance Services for Immigrant Communities

Disaster Relief Handbooks (MoFo 2018)

Preparation for Emergencies – LA Law Library (as of 11/19/18)

California Disaster Legal Services: Free legal help for survivors of California disasters, and resources for volunteers, provided by trusted California nonprofit legal aid providers

Legal Help After a Disaster (State Bar of California)

NorCal Wildfires Free Legal Advice Hotline (SF Bar Association): 415-575-3120

Consumer Protections and Resources for Wildfire Victims (CPUC)

CAL FIRE Incident Map

Kincade Fire Updates (including evacuation maps)

Ready for Wildfire

@CAL_FIRE


Donations (information from NY Times):

Northern California Grantmakers – Kincade Fire and Other California Fires: How to Help

Southern California Grantmakers – 2019 Tick Fire: How to Help

American Red Cross

California Community Foundation’s Wildfire Relief Fund

California Fire Foundation

Caring Choices

Enloe Medical Center

Entertainment Industry Foundation

Humane Society of Ventura County

North Valley Community Foundation

Salvation Army

United Way of Greater Los Angeles

United Way of Northern California

Crowdfunding Efforts:
GoFundMe: page catalogs relief efforts in Northern and Southern California There are multiple crowdfunding efforts for victims of the California fires.
Google: collection donations which will then go to the Center for Disaster Philanthropy, which will distribute the money to local nonprofits.
Airbnb: has a program that asks people to open their homes to those affected by the fires. Until Nov. 29, the company is allowing residents to mark their homes as a place for evacuees and aid workers to stay for free.


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Free COBRA MCLE Wed. Oct. 30

Wednesday, October 30, Noon to 1:00pm
Employment Law Update: A Closer Look at COBRA
Presented by Cristina A. Collazo, Senior Benefits Advisor
United States Department of Labor
1 Hour free MCLE Credit
***Download Flyer Here***

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. COBRA generally applies to all private-sector group health plans maintained by employers that had at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. This program will go over the nuances of COBRA compliance and employer responsibilities in the administration of their health plans. Complex procedural issues and examples of common employer mistakes will be discussed.

Oct 30 2019 Cobra MCLE Flyer


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Search Quick Tip—Two Google Tricks to Quickly Find What You Want

How to Search a Specific Website by Using Google
By Andrea Woods
Search Quick Tips

Have you ever been frustrated by a website’s internal search function? You know the information you want must be there somewhere, but your search results are wholly irrelevant, and you can’t find the content you need by clicking through the site’s menu options. Try entering your search terms into Google, but add “site:” followed by the website’s URL. For example, a search across the SFLL’s website for our Research Guides would look like this:

research guides site:sflawlibrary.org

With this method, you’re using Google’s search algorithm to search only the designated website.

How to Limit Your Search Results to PDFs

Another useful trick is to limit your Google search results to only PDF files. This is especially useful for articles, of course, but also historical or superseded content, such as a prior version of a building standard code. Enter your search terms and add “filetype:pdf” like this:

conference room rental san francisco law library filetype:pdf

Google results will list only PDFs, which will save time and increase the likelihood of finding the exact document you’re seeking.


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Free MCLE Oct. 23 – California Supreme Court 2019 Update

Wednesday, October 23, Noon to 1:00pm
2019: The year the California Supreme Court “workshopped” Anti-SLAPP
Presented by John Wierzbicki
Director, Witkin Legal Institute
1 Hour free MCLE Credit
***Download Flyer Here***
***Download Materials Here***

John Wierzbicki, a California lawyer and Witkin Legal Institute Director, will present on how, in less than six months this year, the California Supreme Court unanimously decided five Anti-SLAPP cases. And it still had time to hand down significant decisions on local police powers, third party beneficiaries in contracts, pleading class actions, waiving governmental immunity, tax authority of charter cities, and economic loss damages. We will discuss each of these and what the justices were so eager to instruct us on about Anti-SLAPP.

Oct 23 Ca Sup Ct MCLE Flyer


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Impeachment Resources at the SF Law Library

With Congress taking the rare step of opening a formal impeachment inquiry, look to the San Francisco Law Library for resources and books to help you understand more about what impeachment is, how it has worked in history, and how the process might unfold today.

Here at the Law Library, you can read scholarly interpretations of the impeachment clause, and it’s history, as reviewed by The Library’s reference team members:

Impeachment

 

 

Impeachment: A Citizen’s Guide
By Cass Sunstein

 

 

 

End Presidency

 

 

To End a Presidency
By Laurence A. Tribe & Joshua Matz 

 

 

 

Limits_of_Presidential_Power_cover-375x561

 

 

The Limits of Presidential Power
By Lisa Manheim & Kathryn Watts

 

 

 

You can also read about reporting and analysis of impeachments since the republic’s founding, including transcripts from the Nixon Impeachment. The San Francisco Law Library has many impeachment resources to explore.

nixon

 

 

 

The Nixon Impeachment Collection

 

 

 

We also recommend these additional resources on impeachment:

A short introduction to impeachment on Findlaw:

https://litigation.findlaw.com/legal-system/presidential-impeachment-the-legal-standard-and-procedure.html

The Library of Congress has a Research Guide and Bibliography of resources on Impeachment. Many are law reviews that are available at the San Francisco Law Library:

https://memory.loc.gov/ammem/amlaw/Impeachment-Guide.html

The University of Washington also has a research guide on impeachment, including images from the Constitution with the impeachment sections highlighted, and links to more information about specific impeachments from history:

http://guides.lib.uw.edu/research/govpubs-quick-links/us-impeach


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Serve Your Time, Regain Your Vote

regain your vote
Who do you want for D.A.?

By Ruth Geos

Conviction of a felony in California results in a disqualification to vote, but only while the sentence is being served and the parole period satisfied. Once the time is done, those with felony criminal convictions can take up their citizen’s right to vote again. Indeed, the upcoming November 5th Consolidated Municipal Election in San Francisco offers an opportunity to give direct input on criminal justice policies—the race for the San Francisco District Attorney, one of the most contested parts of the ballot. The CA Secretary of State offers an easy, even pretty, step-by-step checklist on regaining the right to vote, along with a link to go forward to register to vote for the very next election ahead and those coming in 2020.

Other states have other rules for suspending or restoring the right to vote to those with felony convictions, ranging from no suspension at all of the right, to the need for a governor’s pardon. Here, though, it is a relatively easy process. The rules are spelled out in the California Elections Code, Section 2101, which sets the details on who is entitled to vote or pre-register to vote, and have been interpreted by the CA Courts as protecting the right to vote except during the period of a felony sentence or parole.

Elections Code § 2101.

(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.

(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.

(c) For purposes of this section, the following definitions apply:

(1) “Imprisoned” means currently serving a state or federal prison sentence.

(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.

(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.

CA jail prisoners are different. CA prisoners in county jail can still vote while serving their misdemeanor or felony jail sentence, a parole violation, during probation, and under a variety of other circumstances. To check the finer points on qualifications to vote now, and the process for going forward to exercise that right, consult with the San Francisco Sheriff’s Prisoner Legal Services at 415-558-2472.


For more questions, resources, to register to vote, or to vote, call or email the SF Department of Elections at 415-554-4375, SFVote@sfgov.org.
Don’t forget to register to vote by October 21st for the upcoming election.
And check out our elections guide for more information.