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UC I University of School of Law California, Irvine UCI Law Clinics September 19, 2023 Santa Ana City Council 22 Civic Center Plaza Santa Ana, CA 92701 To the City Council: The UC Irvine School of Law Immigrant Rights Clinic submits this letter regarding Item 28 on the City Council Meeting Agenda for September 19, 2023 (Noncitizen Voting in City Council and Mayoral Elections). About 23% of Santa Ana's residents are noncitizens and thus, despite being an integral part of the City, are unable to vote in local elections. Currently, 17 municipalities around the country permit noncitizens to legally vote. These include towns in Maryland and Vermont, two California cities (San Francisco and Oakland), New York City, and Washington, D.C. Although Santa Ana would be taking a lead as the first city in Southern California to extend the vote to noncitizens, there is ample precedent that would support such a measure. Recently,the California First District Court of Appeal upheld a 2016 amendment to San Francisco's city charter to allow noncitizens to vote in school board elections, also known as Proposition N. Lacy v. City and County of San Francisco (2023) 94 Ca1.App.5th 238, as modified on denial of reh'g (Aug. 28, 2023).' While the trial court initially struck down Proposition N, the Court of Appeal reversed the trial court's decision. In reaching its result, the trial court noted that there were"two reasons"it was rejecting the plaintiffs' challenge. Id. at 1. First, the Court of Appeal examined the language and history of what it called the Citizen Voter Provision of the California Constitution—Article II, section 2(a)—and found that "neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens." Id. at 1. In other words, the Constitution leaves open or defers to relevant lawmaking bodies or voters to determine whether individuals beyond those set forth in Article 2, section 2(a) can vote. Id. at 11. ' For the remainder of this letter,page references for the Lacy opinion will correspond to the relevant page(s)in the slip opinion available at https://www.sfcilyattomey.or_ wp-content/uploads/2023/08/Lacy-v-City-and- Countv-of-San-Francisco-Decision.pdf. ••.•.••• ��Y...0� :••••- Y ! School of Law lt.!► ~ LfGHs ? UCI Law Clinics (949)824-966o P �y PO Box 5479 (949)824-2747 F •: `� faE 9� :• Irvine,CA 92616-5479 www.law.uci.edu •f • 000000000*009