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Santa Ana City Council <br /> September 19,2023 Page 2 <br /> genuine conflict with state law; and 2)the subject of the conflicting state statute is a matter of statewide <br /> concern; and 3)the state statute is not overbroad.'The Elections Code provision on voter qualifications <br /> tracks the constitutional language that the Lacy court already held sets a floor on who may vote,not a <br /> ceiling: "Every person who qualifies under Section 2 of Article II of the California Constitution and who <br /> [has registered to vote]may vote at any election held within the territory within which he or she resides <br /> and the election is held."'Like the Constitution,the Elections Code identifies individuals who "may" <br /> vote,and expanding the electorate would not prevent those individuals from voting.Also like the <br /> Constitution,nothing in the Elections Code affirmatively forbids charter cities from enlarging the <br /> electorate. There is therefore no actual conflict with state law which would prevent Santa Ana from <br /> moving forward with the ballot measure. <br /> We urge the City Council to direct staff to prepare draft resolutions and report back on the issue <br /> of expanding the electorate to include noncitizen residents. Should you have any questions,please do not <br /> hesitate to contact me at,js4omez&aclusocal.org. <br /> Sincerely, <br /> Julia A. Gomez <br /> Senior Staff Attorney <br /> 'California Fed. Says. &Loan Assn. v. City ofLos Angeles(Calved), 54 Cal.3d 1, 17(1991). <br /> 'Cal.Elec Code § 2000(a). <br /> AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA <br />