Item 28 - City Council’s Consideration Resolution Options to Place the Issue of Noncitizen Voting - Hernandez and Vazquez

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electorate to noncitizens.”7 The Court also stressed the strength of San Francisco’s amendment given its passage as a ballot measure by the electorate. The plaintiff filed a motion for a rehearing from the court, but this request was denied, upholding the constitutionality of expanding local voting rights in California, especially when approved by voters. Santa Ana has previously considered measures that would permit all its residents to participate in the political process, and the City Council has already set the stage to ensure that noncitizen residents can feel safe participating. For example, Santa Ana has been a sanctuary city since 2016,8 and the City Council has consistently approved funding for its Deportation Defense Fund since 2017.9 In March 2021, the City Council then amended the Municipal Code to allow qualified residents, including noncitizens, to serve on Santa Ana’s boards, commissions, and committees.10 And last July, the City Council considered a charter amendment to expand voting to noncitizen residents in school district and city council elections.11 Given the timing and the trial court ruling setting aside San Francisco’s immigrant voting charter amendment, however, the city council temporarily shelved the issue. The First District Court of Appeal has now firmly rejected that trial court ruling, making clear that charter cities like Santa Ana have home rule authority to expand voting in local elections to its noncitizen residents. We are proposing that the City Council discuss and consider directing the City Manager and the City Attorney to prepare for the City Council’s consideration resolution options to place the issue of noncitizen voting in city council and mayoral elections on the November 2024 ballot. One resolution would involve a ballot measure to amend the Charter to expand voting, while the other resolution would involve a ballot measure to allow the City Council and Mayor to amend the Charter to expand voting. We are further proposing that the City Council discuss and consider directing the City Manager to prepare a cost and implementation analysis of establishing noncitizen voting. Submitted By Councilmember Johnathan Ryan Hernandez Councilmember Benjamin Vazquez 7 James V. Lacy v. City and County of San Francisco, 165899, Cal. App. 2023. 8 See, e.g., Resolution No. 2016-086 (resolution declaring that Santa Ana is a sanctuary city); Ordinance No. 2908 (sanctuary ordinance). 9 Immigration legal defense and universal representation, City of Santa Ana, https://www.santa-ana.org/immigration-legal-defense/. 10 See Ordinance No. NS-3003. 11 See Santa Ana July 19, 2022, City Council Meeting Minutes at 18.