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Re: Agenda Item #28 Support for Noncitizen Voting in Santa Ana allowable by this Constitution, and by the laws of the State for: (1)the constitution, regulation, and government of the city police force (2) subgovernment in all or part of a city (3) conduct of city elections and (4) plenary authority is hereby granted, subject only to the restrictions of this article,to provide therein or by amendment thereto,the manner in which,the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have, and for the compensation, method of appointment, qualifications,tenure of office and removal of such deputies, clerks and other employees." (94 Cal. App. 5th 238, 250-251). The Court referred to this provision as the"Home Rule Provision" and analyzed whether it extended to school board elections as it clearly covered local elections for"municipal officers and employees."The Court found that the "history of home rule in the California Constitution demonstrates an intent to confer broad authority on charter cities over municipal affairs generally," including over school board elections (Id. at 253). This ruling in Lacy is favorable to Santa Ana as it considers noncitizen voting in local elections. First,the Constitution does not bar Santa Ana from passing local legislation to extend suffrage to noncitizens. Second, charter cities like Santa Ana have home rule authority to determine who may vote for municipal officers and employees. Thus, it is legally permissible for Santa Ana to expand municipal elections for all immigrants, regardless of citizenship status, should the city's voters choose to do so. In the face of inaction at the federal level on inclusive immigration policy, immigrant voting is an opportunity for Santa Ana to raise a light of hope and belonging to its residents. As the late Dr. Martin Luther King Jr. writes, "Justice too long delayed is justice denied"We hope that the City of Santa Ana will not deny justice for its immigrant residents, and include immigrant voting on the ballot in November 2024. Thank you. Sincerely, b Annie Lee Es . q CAA Managing Director of Policy Annette Wong, CAA Managing Director of Programs 2