Correspondence - #28 - Laserfiche WebLink

Home Browse Search

ACW AMERICAN CIVIL LIBERTIES UNION FOUNDATION Southern California Sent via email September 19,2023 Santa Ana Mayor and City Council 22 Civic Center Plaza Santa Ana, CA 92701 eComment&santa-ana.org RE: September 19,2023 Meeting, Support for Item No.28 Dear Mayor Amezcua and Members of the City Council: We write in support of Item No. 28 and to emphasize that the City,following voter approval,has the power to amend the City Charter to permit noncitizen residents to vote in mayoral and city council elections. Santa Ana has authority to expand the electorate in local elections to noncitizen residents under Article XI, section 5 of California Constitution(hereinafter,the "Home Rule Provision"),which grants charter cities like Santa Ana authority over the conduct of city elections and plenary authority over the manner in which municipal officers are elected.'Nothing in state law or the Constitution prevents Santa Ana from moving forward with a charter amendment. The California First District Court of Appeal recently reaffirmed the authority charter cities have under the Home Rule Provision when it upheld San Francisco's amendment permitting noncitizen caregivers to vote in school district elections.2 In Lacy,the Court of Appeal considered whether the Constitution's voter qualifications language prohibited San Francico's charter amendment and whether San Francisco had authority to expand the electorate beyond the qualifications laid out in the Constitution and in state statutes.As to the first question,the Court of Appeal held that"neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens."'As to the second question,the Court of Appeal held that San Francisco could expand the electorate in school board elections because a constitutional provision relating to the election of school board members in turn relied on the authority granted to charter cities by the Home Rule Provision.'In other words, San Francisco was able to expand the electorate in school board elections precisely because it has broader authority over local elections under the Home Rule Provision. The same is true for Santa Ana.s Importantly,expanding the right to vote in Santa Ana mayoral and city council elections does not conflict with state law.A local measure must cede to state law only when: 1)there is an actual and 'Cal.Const.,art.XI, § 5(b)_ 2 Lacy v. City and Cnty. of San Francisco,312 Cal.Rptr.3d 391, 396(2023). 3 Id. at 395. 4Id. at 401-04. 5 The Court of Appeal did not cabin its analysis to San Francisco,the only consolidated city and county in the state. Instead,the Court focused on the charter city provisions in the Constitution.See, generally,Lacy v. City and Cnty. of San Francisco, 312 Cal.Rptr. 3d 391 (2023). EXECUTIVE DIRECTOR Hector 0.Villagra CHAIR Stacy Horth-Neubert VICE CHAIR Rob Hennig CHAIRS EMERITI Michele Goodwin Marla Stone Shari Leinwand Stephen Rohde Danny Goldberg Allan K.Jonas' Burt Lancaster' Irving Lichtenstein,MD' Jarl Mohn Laurie Ostrow' Stanley K.Sheinbaum' "deceased 1313 WEST EIGHTH STREET • SUITE 200 • LOS ANGELES, CA 90017 • T 213.977.9500 • F 213.915.0220 • ACLUSOCAL.ORG