San Francisco

Immigrants' right to vote hearing underway in SF appellate court

Advocates rally at courthouse for the right for undocumented immigrants to vote in school board elections

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A San Francisco appellate court Thursday was hearing arguments in a case surrounding whether or not undocumented immigrants should be allowed to vote in school board elections.

The hearing Thursday is expected to finish within the day, and a ruling could come anywhere from within the coming days to months or possibly even a year.

Before the 10 a.m. hearing began, a coalition of advocacy groups gathered on the steps of the San Francisco courthouse to voice their views in support of immigrant voting. Those advocates say they believe the move to limit immigrant voting in school board elections is part of a broader movement to suppress the voting rights of people of color.

Meanwhile, opponents of immigrant voting argue the right to vote is reserved for citizens and is protected by the federal and state constitutions.

The debate surrounding immigrant voting is not new is a broader national issue. The appeal being heard Thursday, Lacy v. CCSF, challenges voter approved Proposition N, which passed in 2016. But it wasn’t until November 2018 when all immigrants could vote in school board elections for the first time.

In April 2022, James Lacy filed a case against the city and county of San Francisco. In July 2022, a trial court judge ruled the program unconstitutional and granted an injunction, which halted all immigrant voting.

Then, in August 2022, the California 1st District Court of Appeal stayed the lower court's ruling, allowing Prop. N to remain in effect. Months later, in October, an appellate court judge clarified that immigrants could still vote in the upcoming November 2022 school board election, keeping status quo while an appeal of the case is pending.

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