City College of San Francisco Unanimously Adopts Resolution for Noncitizen Voting in City College Board Elections

April 26, 2023 (San Francisco) – On April 25, 2024, the City College of San Francisco Board of Trustees unanimously approved a proposed policy to allow noncitizen City College students the right to vote in elections for the school’s Board of Trustees. The next step would be to put the measure on the citywide ballot through the San Francisco Board of Supervisors.

San Francisco City College Board President Alan Wong 王兆倫 proposed the policy after a ruling by the First District Court of Appeal determined that the California Constitution does not prohibit the expansion of voting to noncitizens and charter cities such as San Francisco may implement expansion of voting rights to noncitizens for local elections.

“Allowing noncitizens enrolled in City College classes the opportunity to vote for their college board would give students a voice in their education and how their school is managed. It would get students invested in their education and increase participation and involvement,” said Wong. “Many students at City College are newly arrived immigrants seeking skills and opportunity in a new country and encouraging them to participate in our democracy adds a new dimension to their education.”

The policy calls for inclusion of all noncitizen City College students that were enrolled in any classes in the previous or current academic year of an election to be eligible to vote. Under the proposed policy, noncitizen City College students would still need to meet other existing voting qualifications in order to vote for the college board, such as being eighteen and older and a resident of San Francisco.

“I have seen so many recent immigrants in my ESL classes working hard to become contributing citizens of this country,” said Marlene Tran 陳美玲, who taught City College ESL and citizenship classes for 37 years and is now a San Francisco South Community Facility Commissioner. “Many of them wanted to have stronger input on their education. Allowing them to get their first experience voting for their college board will encourage them to become more invested in their school and community and become an active part of the American Democratic process.”

Some groups, such as the conservative United States Justice Foundation, oppose the policy and state that allowing Chinese citizens to vote would not solve the college’s problems.

“All enrolled students regardless of national origin should have a say in their school governance. I don’t think foreign governments are looking to enroll and infiltrate our community colleges just to vote for the college board,” said Wong.

As of the 2019-2020 academic year, City College had over 53,000 students and it is estimated that over a third of all City College students were born in a country outside the United States. It is estimated that thousands of City College students would be eligible under the proposed policy.

“It’s time for college students and young people to have a say in their own education. Noncitizen students attend classes, join clubs, eat in the cafeteria and have as huge of a stake in local school governance as everybody else,” said Joshua Ochoa, a youth empowerment organizer. “Noncitizen students now have a chance to get a vote for their leadership.”

Now that City College of San Francisco has endorsed the proposed policy, the policy would be transmitted to the San Francisco Board of Supervisors for consideration as a potential charter amendment and ballot initiative.

“It takes a lot of effort to expand voting rights. The ballot measure that allowed noncitizen parents to vote in school board elections took three attempts before it passed,” said Wong. “I’m looking to see if we can work with the San Francisco Board of Supervisors to get a Charter Amendment on the ballot for voters to consider within the next two years.”

San Francisco, Oakland, and other local jurisdictions in Illinois, Maryland, New York have passed laws allowing noncitizens to vote.

The resolution language and proposed policy is included below:

—

Resolution Supporting the Right of All Students to Vote in College Board Elections Regardless of Citizenship Status

WHEREAS, all City College of San Francisco students, who meet all other voting eligibility criteria and qualifications, should be a part of the voting process and have a voice in deciding who serves on the policymaking body of the College regardless of citizenship status; and

WHEREAS, increasing student participation in college board elections could increase student involvement, achievement and investment in City College of San Francisco; and

WHEREAS, active student involvement would likely encourage City College of San Francisco students enroll in more classes, earn higher grades and complete college programs; and

WHEREAS, San Francisco, Oakland, and other local jurisdictions in Illinois, Maryland, New York have passed laws allowing immigrants to vote; and

WHEREAS, according to the US Census Bureau, 34.1% of San Francisco residents were born in a country outside the United States; and

WHEREAS, it is estimated that over one-third of City College of San Francisco students were born in a country outside the United States and expanding the right to vote for City College Board members to noncitizens could make thousands of students eligible to vote; and

WHEREAS, San Francisco voters considered Proposition F on the November 2004 ballot “Noncitizen Voting in School Board Elections” which would have allowed San Francisco residents who are 18 years of age or older to vote for members of the Board of Education, whether or not the resident is a United States citizen, if the resident either has a child in the School District or serves as a legal guardian or caregiver for a child in the School District; and

WHEREAS, San Francisco voters considered Proposition D on the November 2010 ballot “Non-citizen Voting in School Board Elections,” which would have allowed any non-citizen resident of San Francisco to vote for members of the Board of Education if the resident: is the parent, legal guardian or legally-recognized caregiver for a child living in the School District, and is 18 years of age or older and not in prison or on parole for a felony conviction; and

WHEREAS, San Francisco voters considered and adopted Proposition N on the November 2016 ballot “Non-citizen Voting in School Board Elections,” which allowed non-citizen residents of San Francisco who are of legal voting age and the parent, legal guardian or legally recognized caregiver of a child living in the San Francisco Unified School District to vote for members of the Board of Education; and

WHEREAS, on the third attempt through November 2016’s Proposition N, San Francisco voters adopted Non-citizen Voting in School Board Elections by a vote of 203,413 to 170,570; and

WHEREAS, through November 2022’s Measure S, Oakland voters by a vote of 83,637 to 41,985 adopted an amendment to their City Charter to allow the City Council to adopt an ordinance, to authorize voting by noncitizen residents, who are the parents, legal guardians, or legally recognized caregivers of a child, for the Office of Oakland School Board Director if they are otherwise eligible to vote under state and local law; and

WHEREAS, in 2018 the City and County of San Francisco adopted Ordinance File 180193 Ordinance amending the Municipal Elections Code to implement Proposition N, adopted at the November 8, 2016, election, by requiring the Department of Elections to develop a voter registration affidavit for certain non-United States citizens to vote in School Board elections; to include a notice on voter materials informing non-United States citizens that any information provided to the Department may be obtained by the federal government; and to create other documents related to non-United States citizens voting in School Board elections, as defined herein; and

WHEREAS, in 2021 the City and County of San Francisco adopted Ordinance File 210961 Ordinance amending the Municipal Elections Code to reauthorize Non-United States citizen voting in elections for the Board of Education of the San Francisco Unified School District and specifying that Non-United States citizens may vote in recall elections regarding members of the Board of Education; and

WHEREAS, November 2016’s Proposition N was legally challenged in court and on August 8, 2023, the First District Court of Appeal rejected legal challenges to Proposition N and ruled that noncitizens may vote in local school board elections; and

WHEREAS, the First District Court of Appeal determined: “First, neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens. Second, the relevant constitutional provisions authorizing home rule permit charter cities to implement such an expansion in local school board elections. This authority is consistent with the principles underlying home rule and permits the voters of each charter city to determine whether it is good policy for their city or not”; and

WHEREAS, it has been established that charter cities such as San Francisco may expand the right to vote for noncitizens; and

WHEREAS, all City College of San Francisco students have a stake in the election of members of the San Francisco Community College Board.

THEREFORE BE IT RESOLVED, the Board of Trustees supports providing noncitizen City College of San Francisco students, who meet other eligibility criteria and qualifications, the right to vote in all elections for members of the San Francisco Community College Board; and

THEREFORE BE IT RESOLVED, the Board of Trustees, for the purposes of supporting the right of noncitizen students to vote, supports inclusion of all students that were enrolled in any classes in the previous or current academic year of the election to be eligible; and

BE IT FURTHER RESOLVED, the Board of Trustees urges the San Francisco Board of Supervisors to develop and propose a Charter amendment to authorize noncitizen City College of San Francisco students, who meet all other voting eligibility criteria and qualifications, the right to vote in all elections for members of the San Francisco Community College Board and that the Board of Supervisors financially support this measure in the event there are any cost implications in proposing and implementing this Charter Amendment, such as conducting equitable outreach to community members; and

BE IT FURTHER RESOLVED, the Board of Trustees authorizes and directs the Chancellor to take all necessary and appropriate steps to effectuate the policy objective of this resolution; and

BE IT FINALLY RESOLVED, That the Board of Trustees directs the Chancellor to transmit this resolution to all members of the San Francisco Board of Supervisors.