HomeMy WebLinkAboutCorrespondence - #39Alcala, Abigail
From: Mary Maduena <
Sent: Saturday, October 21, 2023 11:15 AM
To: eComment
Subject: Non Citzens Voting
Yes, recall Jessie Lopez, then Phan, Vazquez and Hernandez! Voting is a privilege for all LEGAL CITIZENS only!
Sent from my iPhone
Alcala, Abigail
From: Katherine Freeman <
Sent: Saturday, October 21, 2023 2:33 PM
To: eComment
Subject: Non Citzens Voting
YES TO RECALL ON Jesse Lopez!!!
Anyone who wants to divert funds from our Santa Ana Police Dept. Is out of touch with reality and the needs of
our community. We are short 30 officers. Unacceptable.
Non -Citizens need to earn the right to vote in America. Like so many others before you. Take classes to learn
about America. Respect our flag and heritage and history.
Non -citizens get in line. We do not accept that you can go in the front of the line without paperwork and
registered ID.
Alcala, Abigail
From: LOREN PERRY <
Sent: Sunday, October 22, 2023 3:38 PM
To: eComment
Subject: Non Citzens Voting
NO ILLEGAL MUST BE ALLOWED TO VOTE.
Alcala, Abigail
From: LOREN PERRY <
Sent: Sunday, October 22, 2023 3:41 PM
To: eComment
Subject: Non Citzens Voting
ANY NON AMERICAN, ILLEGAL, BORN HERE OR NOT MUST NOT BE ALLOWED TO VOTE
IN ANY ELECTION IN THE UNITED STATES OF AMERICA.
Alcala, Abigail
From: Helen Yajaira Estrada <
Sent: Friday, November 3, 2023 7:12 PM
To: eComment
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
Good evening City Councilmembers,
My name is Helen Yajaira Estrada, and I'm a proud Santanera, a resident of Ward 6, and someone engaged with
several community organizations. I am in support of Agenda Item 439.
Firstly, I would like to thank city staff for their work drafting the resolution and ballot measure language. These
are important first steps to ensuring that all residents are able to make their voices heard at the ballot box.
Nearly one out of every four residents living in the city are non -citizens who have been politically excluded
from voting despite being impacted by the decisions made by the municipal government. All residents of voting
age, regardless of immigration status, should be able to participate in local elections.
The Council should lead with courage and hope, not fear. Currently, as far as public knowledge goes, no one
has been denied citizenship because they voted in San Francisco's school board election. The San Francisco
Department of Elections has never received a request from ICE for voter information since its expansion of
voter rights. In San Francisco, election officials, local community members, and advocates have worked
together to keep the community safe. We can definitely work together to do the same thing here.
Expanding the vote opens up a key tool for local residents to participate in local politics, fostering civic
engagement in and outside of elections. When community members have more avenues to be engaged, they are
able to better advocate for improved and equitable distribution of resources to meet community needs.
My parents and /neighbors should have the right to vote, just as I do. They live in our community and contribute
to it. They are affected by the actions of our local governments. It is unfair to bar them from providing their
input through voting on these issues. I am a daughter of two undocumented Santaneros who originate from
Guatemala, I have seen how engaged my family has been with Santa Ana. Whether it is taking us to the Public
Library on Civic Center in order to enhance our education and reading skills, or seeing my dad work at the local
donut shop for 14 years. My parents, like many in my community, are engaged in -person, online, and talk to
each other about the changes they wish to see. I will be the first to ever vote next year in the Presidential and
local elections. A real democracy involves ALL of us.
I urge the Council to amend the current draft resolution language to further align with the spirit and principles
of the original proposal made by Councilmembers Hernandez and Lopez and supported by community
members.
Again, I support Agenda Item 439. Thank you.
Thank you,
Helen Yajaira Estrada
Alcala, Abigail
From: Claudio Bornancini <
Sent: Monday, November 6, 2023 9:14 AM
To: Penaloza, David; Bacerra, Phil; Vazquez, Benjamin; Lopez, Jessie; Amezcua, Valerie;
Phan, Thai; Hernandez, Johnathan; eComment
Subject: Item 39- Authorize and Implement Noncitizen Voting in Municipal Elections -
Comments
Good day,
I'm reaching out to clear doubts that must be answered about item 39, which leads to Authorize and Implement
Noncitizen Voting in Municipal Elections.
1. Who is qualified to vote?
Are undocumented allowed to vote? Or is it meant for legal residents only?
2. How long should noncitizens live in the City of Santa Ana before being allowed to vote?
Is a weekend long enough? 1 year? 3 years? How can this be enforced?
3. Can a noncitizen without proper identification, or with an address outside of the City vote?
If not, how can we future -proof this issue? (And keep people without ID from voting)
4. What is the consequence of fraud for both the candidate and the voter?
Can they be banned, for a lifetime, from the City's public jobs and from voting? How about prison?
5. Can an address with 3 or more voting noncitizen requests trigger an investigation by the Rental Registry
Program?
Eg, 3+ different last names in the same address. Can the Rental Housing Board withhold those votes if the
situation is not clear? (eg, the rental house is not registered)
6. Have any of you, Council Members and Mayor, ever denied representing a neighbor, only because of their
migratory status, or because they are not taxpayers?
If not, why do we need them to vote?
If yes, please RESIGN IMMEDIATELY.
Alcala, Abigail
From: Julia Gomez <JGomez@aclusocal.org>
Sent: Monday, November 6, 2023 3:52 PM
To: eComment
Cc: Amezcua, Valerie; Lopez, Jessie; Phan, Thai; Vazquez, Benjamin; Bacerra, Phil;
Hernandez, Johnathan; Penaloza, David; Carvalho, Sonia R.; Annette Wong; Annie Lee;
Jenna Narahara (clinic); Amal Al Salek (clinic); Annie Lai
Subject: Public Comment re Nov. 7 City Council Meeting, Item 39
Attachments: 2023.11.6 CAA, UCI Law IRC, + ACLU Letter to Santa Ana re Item 39.pdf
Attached please find public comment from Chinese for Affirmative Action, UCI Law Immigrant Rights Clinic, and the ACLU
of Southern California regarding Item 39 (immigrant voting) of tomorrow's City Council agenda.
Best,
Julia
Julia Gomez, Staff Attorney
ACLU of Southern California
1313 W 8th Street, Suite 200
Los Angeles, CA 90017
(o) 213.977.5258
aclusocal.org II facebook II twitter II bloc II app
ACLU SoCal: STAND FOR JUSTICE >> Download our mobile app at mobileiusticeca.orp
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN
INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED.
■
Sent via email
November 6, 2023
Santa Ana Mayor and City Council
22 Civic Center Plaza
Santa Ana, CA 92701
Q C)I,YYIYY Yiit i),s ii�Y.i,o.g
...............................i....................
UCI
lnim�gran-j
R�ght in
Re: November 7 City Council Meeting, Item No. 39
Ballot Measure on Noncitizen Voting
Dear Mayor Amezcua and Members of the City Council:
ACLU
AMIE.WCAIIN UUIIT111. II.IERIEIRTIES UNION
FOUNDATION
SOLIthn.rn CaIa[6rnh
Chinese for Affirmative Action, the ACLU Foundation of Southern California, and the UC Irvine
School of Law Immigrant Rights Clinic respectfully submit this letter regarding the City Council's
planned discussion on November 7 about placing a measure on the November 2024 ballot to amend the
City Charter to extend the vote to noncitizen residents in municipal elections. Noncitizen residents are an
integral part of the City of Santa Ana: they comprise 23.6% of the City's total population and 30% of the
voting age population, pay taxes, and are subject to local laws. Although noncitizen residents have a
direct stake in the policies the City adopts, they are currently unable to vote in local elections. Santa Ana
has the legal authority and the ability to successfully implement noncitizen voting. In doing so, Santa Ana
would be taking a bold step toward becoming a more inclusive and democratic place to call home for all
of its residents.
As a Charter City, Santa Ana Has the Legal Authority to Expand the Electorate for Municipal
Elections
This past August, the California First District Court of Appeal in Lacy v. City and County of San
Francisco, 94 Cal. App. 5th 243 (2023), upheld a 2016 amendment to San Francisco's city charter to
allow noncitizen caregivers to vote in school board elections, also known as Proposition N. Although
Lacy involved school district elections, the Lacy opinion fully supports the legality of noncitizen voting in
local elections, including mayoral and city council elections.
The Court of Appeal in Lacy rejected the challenge to Proposition N for two reasons. Id. First, the
Court of Appeal examined Article II, section 2(a) of the California Constitution, which provides that a
"United States citizen who is 18 ... may vote," and determined that "neither the plain language of the
Constitution nor its history prohibits legislation expanding the electorate to noncitizens." Id. at 243, 245-
49. Second, the Court of Appeal held that charter cities have home rule authority to expand the electorate
in school district elections. Id. at 250, 259. In reaching this conclusion, the court observed that Article XI,
section 5 of the Constitution ("Home Rule Provision") grants charter cities broad authority over municipal
elections, including "plenary" authority over the election of municipal officers. Id. at 250-52.
Because the San Francisco amendment applied to school board elections, and public education
has been determined to be a statewide concern for some purposes, see id. at 255, the court spent a fair
amount of time in the Lacy decision discussing a different part of the Constitution, Article XI, section 16,
and noted that it was originally part of the Home Rule Provision. According to the court, this indicated an
Santa Ana Mayor and City Council Page 2
intent to confer charter cities with the same expansive authority over school board elections that they have
over municipal elections. Id. at 251-53, 256. Put another way, the court held that charter cities can expand
the vote in school district elections precisely because they have indisputably broad authority over
municipal elections. Charter cities' authority to determine who may participate in elections for municipal
officers is even clearer. See id. at 256-57.
City staff appear to be interpreting Lacy narrowly. In the staff report for Tuesday's meeting, I the
City Attorney quoted language from the opinion that, read alone, can be misconstrued as suggesting that
Santa Ana's authority to expand the electorate for municipal elections is unsettled. But the thrust of the
paragraph from which the quotes came, rather than limiting charter cities' power to determine who may
vote, warns that cities in exercising their power over local elections —must nevertheless be mindful not
to unduly infringe on or narrow the right to vote:
This conclusion does not leave charter cities with limitless authority to determine the
electorate for school board elections or, for that matter, the election of other municipal
officials. "[E]ven if a given matter is deemed to be a municipal affair, a charter city's
regulation remains subject to the various guarantees and requirements of the state and
federal Constitutions." [citation omitted]. Our conclusion leaves intact the application of
other constitutional "guarantees and requirements, "for example, the state and federal
equal protection clauses .... Similarly, as Proposition N expanded the franchise, we do
not opine on charter cities' ability to narrow it. We decide today solely the issue before
us: the Constitution confers on the City the authority to expand the electorate for school
board elections to include noncitizen parents or guardians of City children.
Id. at 259-60 (emphasis added).
In sum, the holding and reasoning in Lacy firmly support the legal authority of charter cities to
expand the electorate to noncitizen residents in municipal elections. The Lacy court unequivocally held
that the Constitution's voter qualification requirements are not a roadblock to expanding the electorate,
reasserted that the Home Rule Provision gives charter cities like Santa Ana broad authority over
municipal elections, and emphasized that this authority "permits the voters of each charter city to
determine whether [noncitizen voting] is good policy for their city or not." Id. at 243. There is thus no
reason to deny Santa Ana voters the opportunity to decide whether it makes sense to expand the electorate
in their local elections.
Santa Ana Has a Roadmap for Successfully Implementing Noncitizen Voting
The process of creating San Francisco's noncitizen voting program shows that it is possible to
develop a successful program when a jurisdiction is proactive and committed to working collaboratively
with the immigrant community and nonprofit partners. Since the adoption of Proposition N, San
Francisco has been working closely with advocates to ensure that noncitizen residents are protected and
can make an informed decision for themselves about whether to vote.' For example, San Francisco has
registration forms and ballots specific to noncitizens so that those residents only register and vote in
authorized elections.' The San Francisco Department of Elections also provides voters with a "Right to
p City y .h //: dl td dsn p,trcllll� �;ov.coi:llu/�porVaI/viewer
Nov. 7, 2023 Staff Report re Item #39, CI Attorney Office at 2,
id' .. h akc .i:.�'.1j.�.:.:..::::0.
2 Ron Hayduk, Megan Dias, and Olivia Marti, Immigrant Voting and the Movement for Inclusion in San Francisco,
Chinese for Affirmative Action and Immigrant Voting Parent Collaborative at 17-25, (Sept. 2023), htru p,,................................................... e y Z�Yp,z
�r�P2�nu/rA Flo a8s/2Q;12 ;/QD 3/2 ; CAA j)orV. -C 2 1pajf (providing an overview of the efforts between San
Francisco and community advocates to develop noncitizen voting program).
s See, e.g., Non -citizen Voter Registration Form for Nov. 2019 San Franscisco School Board Election,
hutrp�://�l'�;lec.tra��n faaw a» /sits /deli r�lu/lily /I a�c:rA�;u,��nu /�Te,ur�n /�T2; N/oter%2uDRe1;iS11_dui0D 1ic.11110D )df-
Santa Ana Mayor and City Council Page 3
Vote Letter" that individuals applying for naturalization can then share with the United States Citizenship
and Immigration Services ("USCIS") to avoid any unnecessary delays in the processing of their
application.' Advocates, in turn, have worked with the local USCIS office to educate staff on the legality
of noncitizen voting in San Francisco school board elections.'
San Francisco's approach did not materialize overnight. It took intentional efforts by city officials
and community advocates to identify and research how to overcome possible roadblocks. Other
jurisdictions are also thinking through their own approach to administering more inclusive elections.
Oakland, for example, is currently working with county elections officials to implement a measure to
lower the voting age, and the list of cities and advocates throughout the state that are also looking into
how to make immigrant voting a reality is steadily growing.' These statewide efforts confirm that, if it
wants to, Santa Ana can develop and implement a noncitizen voting program in a manner that protects
voters.
We urge the City Council to consider this information as it weighs the decision of whether to
place a noncitizen voting measure on the November 2024 ballot. Thank you very much for your time and
consideration.
Sincerely,
Annie Lee, Esq.
Managing Director of Policy
Chinese for Affirmative Action
Julia A. Gomez
Senior Staff Attorney
ACLU of Southern
California
Annie Lai, Director
Jenna Narahara, Law Student
Amy Al Salek, Law Student
UC Irvine School of Law
Immigrant Rights Clinic
Cc: Valerie Amezcua, Mayor, vam zcua(q�,,5g ��r;;;,ar1g.gm
Jessie Lopez, Mayor Pro Tem (ssMo x.,z y)sari a���aria.or ,
Thai Viet Phan, Councilmember, jpbgrj(y),san a aria. or ;
Benjamin Vazquez, Councilmember, bvazcltp,,e z(y),sari a aria.or ;
Phil Bacerra, Councilmember, i l2qcg-ta(er)
Jonathan Ryan Hernandez, Councilmember, Fa arra.,cnt;g
David Penaloza, Councilmember, djr�a1o(ir)arr�a arra.or
SoniaR. Carvalho, City Attorney, sc rvaliro„(yLsarrta aria.or,,
' Guide to Registration and Voting Process for Noncitizen Residents: Nov. 8, 2022 School Board Election, San Francisco
Elections at 11, hur�,;,//c f,;,e n n;/wvgn-conntcrntrfrApnla>, aj /2023/08/NC N/ �i,uirje fin FN „wc�7.gnalf'.
'Supra, note 2 at 18. �
'Supra, note 2 at 9.
Alcala, Abigail
From: Yoselinda Mendoza <
Sent: Monday, November 6, 2023 7:25 PM
To: eComment
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
Good evening city council members,
My name is Yoselinda. I am in support of Agenda item #39, the proposal to adopt a resolution to place ballot
measure permitting Noncitizen Voting in Municipal Elections on the 2024 General Election ballot.
1. Almost a third of adult residents in the city can't participate in local elections. That is unfair. All residents deserve
to have a voice in these elections since local government officials make decisions that directly affect them.
I hope the council moves to support democracy for all of its residents and allows for the voices of everyone to be
heard. Thank you.
Alcala, Abigail
From: Tracy La <tracy@vietrise.org>
Sent: Tuesday, November 7, 2023 11:05 AM
To: eComment
Subject: VietRISE Public Comment in Support of Agenda Item 39 - Noncitizen Voting
Attachments: 2023.11.07_VietRISE_Letter in Support of Agenda Item 39_Noncitizen Voting.pdf
Hello,
Attached is VietRISE's public comment in support of agenda item 39 - noncitizen Voting.
Thank you,
Tracy
1'racy La
Execufiv ^ Dgma dor
tracyLvietrise.org
(714) 589-5496
14351 Euclid St. 41M, Garden Grove, CA 92843
@1
www.vietiise.org
000
Advancing social justice and building power with working-class Vietnamese and immigrant
communities in Orange County.
VY®
Garden Grove, CA 92843 wwVr tIs�irOr ffy m;,m ll s> p; turns �;m; @vietriseoc
November 7, 2023
Mayor Amezcua and City Council Members
City of Santa Ana
22 Civic Center Plaza
Santa Ana, CA 92701
RE: In Support of Agenda Item #39: Adopting a resolution to place a ballot measure permitting Noncitizen
Voting in Municipal Elections on the 2024 General Election ballot.
Dear Mayor Amezcua and Santa Ana City Council Members,
On behalf of VietRISE, I urge you to vote in favor of Agenda Item #39 to adopt a resolution to place a ballot measure
permitting Noncitizen Voting in Municipal Elections on the 2024 General Election ballot.
Voting is an important mechanism for residents to uplift their voices and change their material conditions. In
particular, voting is an entry point for immigrants and refugees to become civically engaged in their communities and
allows them to directly express their concerns and preferences. We believe that all residents of voting age, regardless of
immigration status, should be able to participate in local elections. An active electorate will directly translate into active
residents invested in the development and improvement of their communities.
Nearly one out of every four Santa Ana residents living in the City of Santa Ana are noncitizens. When accounting
only for residents of voting age, about 30 percent of adults in Santa Ana are noncitizen residents. These are our
neighbors and family members, who have helped create a vibrant Santa Ana through their direct investments, spending,
and daily & yearly tax payments. Despite contributing so much, they continue to be disenfranchised and have been
unable to make their voices heard at the ballot box, even though their livelihoods are directly impacted by the decisions
made by the municipal government. The passage of noncitizen voting will lead to the enfranchisement of 5,646 Asian
residents and 64,022 Latino residents.
Over the past decade, the City of Santa Ana has been at the forefront of immigrant rights in Orange County. From
supporting sanctuary cities to creating a Deportation Defense Fund and allowing noncitizen residents to serve on local
commissions, enfranchising noncitizen residents to vote in local elections is a natural next step in furthering Santa
Ana's commitment to removing barriers to participation in local government. While other Orange County cities are
attempting to make voting more difficult, it is imperative that Santa Ana leads the way in showing a new alternative is
possible. VietRISE urges you to vote yes on Agenda Item #39.
Best regards,
"2*
Tracy La
Executive Director of VietRISE
Alcala, Abigail
From: Minh Pham <
Sent: Tuesday, November 7, 2023 11:35 AM
To: eComment
Cc: Minh Pham
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
Good evening City Councilmembers,
My name is Minh Pham, and I am a proud resident of Santa Ana/Westminster. I stand before you today in
strong support of Agenda item 439, the proposal to adopt a resolution to place a ballot measure permitting
Noncitizen Voting in Municipal Elections on the 2024 General Election ballot.
Everyone contributes taxes, but not everyone gets a say in electing the people who make decisions about how
those tax dollars are spent. Taxation without representation is fundamentally unfair and undemocratic. Our city
thrives on the contributions of all its residents, regardless of their legal status, and it's only right that they have a
voice in shaping our local government.
My neighbors, friends, and colleagues who may not be citizens are deeply invested in our community. They live
here, work here, and their lives are directly impacted by the decisions made by our local government. It is unjust
to exclude them from the democratic process that directly affects their daily lives.
By allowing noncitizens to vote in municipal elections, we are not only promoting fairness but also fostering
civic engagement and strengthening our community. When everyone has a stake in the decision -making
process, we create a more inclusive and equitable Santa Ana, where resources are distributed more fairly to
meet the diverse needs of all residents.
I urge you to lead with courage and hope, just as the San Francisco Department of Elections has done, by
expanding voting rights to noncitizens. Let's ensure that our city continues to be a shining example of
inclusivity and democratic values.
Thank you for your time, and I hope you choose to stand on the right side of history by supporting this vital
proposal.
Best,
Minh Pham
Kinh Nguyen IKhali 1Phawi, U0II.....A IRioch wili airy, B.S. Glass
of 20,16 [ IMeWcall Asslistant [ 1Pa14l gall
Chef Adrrrlinr stratliva Officer, Secretary (Board of 11::Iractor)
(2020 1F'rasarrt) at SocratcMed Ilrrc.
A Follow this link toschedule tomeet or chat with me(if
interested):
M0 (714)757-2263 �E phamnguyenkhaiminh93@gmaiicom
W https://socmticmed.neU
11'U-He1)Public Relations Manager Viet Film Fest2O21 �
�1-He2)VPofMentonship(2O18-2O1B)1Alliance in
Mentoship (AIM) I MiMentor.org
11'1-He 3)Pnasident2017-2018 1 Co -Publicity Directors 2015'
2O16 1 MD100 Project Leadership Team IVVebsite:
11'1-He4) 0yVi6n Ngoai VuTong H6i GinhVir3n Mie-n Nam
California 2O12-2O131 IUVGAPublic
Relations General Staff '12-131
11'U-He5)Marketing Advisor/ Member ofTetFestival 2O12-
PnasentI www.tetfestival.com I Co- V8n/ThanhVir3n Ban
0u6ngB61-16iTe-tGinhVir3n2012 Hi6nTai�
Forimer pom�i-fiom 6) Marketing Director ofUVGATetFestival
2017 1 www.tetfestival.org Trm6ng Ban 0u6ng B6 1-16i Te-t
GinhVir3n2O171
"Letting gomeans hocome to the realization that some people are a part of your history, but not a part of your destiny." Steve
Create your own email signature
Alcala, Abigail
From: Charlie Nguyen <
Sent: Tuesday, November 7, 2023 2:07 PM
To: eComment
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
Hello,
Thank you Councilmembers for your important work and for the opportunity to share my opinion. My name is
Charlie Nguyen, and I'm emailing to express my support for noncitizen voting for city elections on the general
election ballot for 2024 (agenda item 39). Legal status should not prevent residents from having their voices
heard city residents contribute via taxes and are a significant part of our community.
Best,
Charlie Nguyen
Alcala, Abigail
From: Catherine Tran <
Sent: Tuesday, November 7, 2023 2:14 PM
To: eComment
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
To the Council Members of the City of Santa Ana,
My name is Catherine Tran, and I am in support of Agenda Item 439. Although my address says otherwise, I
consider Santa Ana one of my other homes. Some of my best friends are from Santa Ana, some of my favorite
places to visit are in Santa Ana, and some of my favorite memories came out of Santa Ana.
With that being said, none of that would have been possible without the people who make the city so special.
The residents of Santa Ana, citizen AND noncitizen, deserve to be represented equally and fairly. In denying
voter access to noncitizens, you are also denying their existence in the city you aim to represent — which as
council members, should be of your best interest. I support expanding voter access to all noncitizen residents
wherever they may be, and I encourage the Santa Ana City Council to place the noncitizen voting ballot
measure onto the 2024 General Election ballot. Thank you.
Best,
Catherine Tran
Alcala, Abigail
From: Mai Do <mai@harborinstituteoc.org>
Sent: Tuesday, November 7, 2023 2:03 PM
To: Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Bacerra, Phil; Penaloza, David; Lopez,
Jessie; Hernandez, Johnathan; eComment; Carvalho, Sonia R.
Cc: Tracy La; Faby Jacome; Jenna Narahara (clinic); Carlos Perea; Julia Gomez; Ama) Al
Salek (clinic)
Subject: Agenda Item #39
Attachments: November 7, 2023 SAFFE Letter.pdf, [Suggested Amendments] Resolution re
Proposed Ballot Measure re noncitizen voting 11.7 meeting.pdf
Dear Mayor Amezcua and City Councilmembers,
Please find attached a letter of support for Agenda Item 439, as well as suggested amendments, on behalf of
Santa Ana Families for Fair Elections (SAFFE), including many organizations working with local immigrant
and refugee communities.
Best,
Mai Nguyen Do
IteseiRarch
If3olllic Il arra er
I iarbor Ilr StiftAte for Ilinnirmili raint & l:::::corroirmiliC Justice
mai harborinstituteoc.org
@www.harborinstituteoc.org
, %M7 N Ross St Santa Ana CA 92701
November 7, 2023
Santa Ana City Council
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Support and Amendments for Agenda Item #39 - Placing Noncitizen Voting on the November 2024
General Election Ballot
Dear Mayor Valerie Amezcua and Santa Ana City Council Members,
We write as organizations who serve Santa Ana residents and who are dedicated to advancing
democratic inclusion in our community.
We're excited to witness the City Council's ongoing efforts in expanding the franchise for local elections,
and we extend our gratitude to the city staff for their hard work in crafting the resolution and ballot
measure language. The City of Santa Ana is steadily advancing towards the goal of enabling every
resident to engage in the city's democratic process and have their voices heard at the ballot box.
Voters often find ballot measures anxiety -inducing, primarily because they are commonly filled with
confusing or lengthy language. To boost voter participation and ensure the measure's content is crystal
clear, we strongly recommend that the City Council revise the proposed ballot measure question for
enhanced clarity and brevity.
We urge the city council to change the proposed ballot measure language from:
"Shall the City of Santa Ana City Charter be amended to allow, City residents who are not
citizens of the United States to vote in all City of Santa Ana municipal elections at which
municipal officers are elected, ballot measures are considered, and initiatives and referenda
are proposed, in accordance with ordinances, policies, and regulations to be adopted by the
City Council in order to implement the charter amendment prior to the November 2026 general
municipal election?"
to:
"Shall the City of Santa Ana City Charter be amended to allow, by the November 2026 general
municipal election, noncitizen City residents, including those who are taxpayers and parents, to
vote in all City of Santa Ana municipal elections?"
This language is clear, concise, and straightforward, making it easier for voters to clearly understand
what they will be voting on. By simplifying the language, we enhance the accessibility and
understandability of the voting information, reflecting our commitment to making it as easy as possible
for people to vote in every way. This version of the measure question can be accomplished by defining
municipal elections in the city charter text itself rather than in the question.
Attached are further revisions to the resolution we are suggesting for your amendment.
Sincerely,
Page 1 of 2
Harbor Institute for Immigrant and Economic Justice
VietRISE
El Centro Cultural de Mexico
Orange County Justice Fund
Santa Ana Collaborative for Responsible Development (SACReD)
UNITE HERE Local 11
Esperanza Union de Inquilinos
El Mercadito Carrusel
Korean Resource Center
Latino Health Access
Southeast Asian Student Association at UCI
ORALE
South Asian Network (SAN)
Arab American Civic Council
OC Mobile Home Residents Coalition
Santa Ana Building Healthy Communities (SABHC)
National Day Laborer Organizing Network (NDLON)
Public Law Center (PLC)
Students for Farmworkers (SFFW) at Claremont Colleges
Vietnamese Student Association (VSA) at Claremont Colleges
Kasama at Claremont Colleges
UFCW 324
Page 2 of 2
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY
MUNICIPAL ELECTIONS
WHEREAS, noncitizen residents make up 24 percent of Santa Ana's total
population and about 30 percent of its voting -age population; and
WHEREAS, the City Council acknowledges the importance of the immigrant
community to the city of Santa Ana and recognizes their right to have their voices heard
in local decision -making that directly affects their lives; and
WHEREAS, the City Council believes that giving immigrants a voice in local
elections will encourage greater interest and investment in local issues, ultimately
benefiting the entire community; and
WHEREAS, the City Council previously enacted an ordinance making Santa Ana;
a sanctuary city, to recognize the contributions of its diverse, immigrant populationir„ to
ensure they feel safe interacting with local government officials; and
WHEREAS, the City Council has implemented initiatives such as the Immigrant
Legal Defense Fund which allocates funding „ „ir !�„2 ..... �......legal defense of Santa Ana
immigrant residents who face detention and deportation; and
WHEREAS, a growing multiracial and multigenerational coalition of Santa Ana
residents and community -based organizations have come together with the shared belief
that all residents, regardless of citizenship status should have an equal say in the City's
municipal elections; and
WHEREAS, the City Council previously enacted an ordinance amending, it's
municipal code to permit qualified immigrant residents to serve on City Boards,
Commissions and Committees; and
WHEREAS, currently tens of thousands of noncitizen residen:!,§,G9 and mixed
status families pay taxes yet airy;; fe.e.L..... disenfranchised, and do not believe they have
representation in key decisions that impact their lives; and
l ::'ir "Irr. „ii„ „ ...,,air „ ,,,,,,,,local governments in other states have allowed
non -citizen residents to vote in local oir......Ihool Iboard,elections; and
WHEREAS, a pgufn e �4!tG G43R.....Id ri....fn. d. ;ri....that .., the California constitution gives charter
cities the power to allow non -citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez
brought forth a councilmember request for consideration of proposing a ballot measure
to the voters regarding noncitizen voting in municipal elections;
WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare
the ballot measure items to place the ballot measure before the voters at the November
5, 2024 election;
WHEREAS, pursuant to California Elections Code section 9255, the City Council
is authorized to submit this question to the voters at the November 5, 2024 General
Municipal Election; and
WHEREAS, the City Council desires to consolidate the General Municipal Election
for the measure described herein with the Statewide General Election to be held on
November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable
requirements of the laws of the State of California relating to charter cities, the City
Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on
Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting
the ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the
form of the ballot question to be submitted to the voters and the City of Santa Ana desires,
on its own motion, to submit to the voters a question of whether to permit noncitizens to
vote in all municipal elections at which municipal officers I!,n, .l[u,d,!!.IY ,g......::.. s........... :1:..g..7. J[.....2.l1d........!:t
d.d..ir�„.i„Il it„ir��;;ir„ir�1„�ird„ are elected, ballot measures are considered, and initiatives and
referenda are proposed, at the General Municipal Election to be held on Tuesday,
November 5, 2024.
Section 4. The ballot question and full text for the proposed ballot measure shall
be as follows, with identification as determined in accordance with the California Elections
Code:
MEASURE # PROPOSED I Yes
AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Shall the City of Santa Ana City Charter be amended to allow. J ,7 the,
?ff?3:nir°:nirrll it°irir°lioli rrll:nll:nollioir° it°oir°olillio:snir° City residents
rollrrdliir° I orr ,n cl o rrirc; ,nirrr r ir° rrir nirr who are iRol...Gil!flrr;iw). No
of the UR4ed 84ate to vote in all City of Santa Ana municipal
elections -at Ifs Gh rrwoiwRwoliP41 0#f G ;ir ...:31Pe 61eGt ;d ....l srlllot....irirneasurrri ...are
„ ...................a... r...-r.. „......
lith oirdllR,riw GB {f 61l Gie ....and..reg4latf oiw) Io If e adopted Iby #ie G4y
..................... ri.................... ri ..... ri.............. ri........ ... ri............ ri......... ri.............................. ri.
foiw�owll wiw� oirdr.,ir Io i�rirwlf�llrrirwr.,iw�l IJfrr�, olfr��ir�r�,r oirirwr.,rrdirirwr.,rrl �irwor Io �Jfrr�,
I o erinber 202 gr w)errrll e;IeGtwoiR?
Full Text of the City Charter Amendment (text to be added, if approved, is underlined):
Sec. 1203. — Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with
the provisions of the Elections Code of the State of California, as the same now exist or
may hereafter be amended, for the holding of elections in general law cities, insofar as
the same are not in conflict with this charter or any ordinance adopted in accordance with
this charter.
The City Council shall adopt an ordinance and additional policies and regulations, as
needed, authorizing any person who has established residency in the City and who is not
otherwise disqualified from voting under Sections 2 and 4 of Article II of the California
Constitution or any implementing State statute or City ordinance or resolution, to vote in
all municipal elections regardless of whether the person is a United States citizen.
"IfdgDioli Pall 9Ilggtioir s" liirnoll de all Vocal elections at which the irina or gity ggg!) lilt irir eiririIbeir
or rir oll rr.,ir iriDgnJ1oi1 ri 11 offiio :snr r irr:s r:sllr:sgte, d Idr�llllol iririr: asuire rare co,2s,idr ,red ai,r
7.......................................................................lf.........................................................................................................................................................................................................................................................................................................................................................................................
and irefeirgDog gEg The City Council shall adopt such policies, regulations, and
ordinances implementing this Section 1203 so that noncitizens may participate in
elections on or arior to the aeneral municipal election to be held in November of 2026.
Section 5. The question to be submitted to the voters is set forth above and other
implementing actions may need to be taken by the voters and the City Council should the
voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the
election, the question shall be approved.
Section 7. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election. The ballots to be
used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on this
Measure with all other elections being held in the same territory on November 5, 2024,
and to hold and conduct the consolidated election in the manner prescribed in Election
Code Section 10418. In accordance with Section 10403 of the Elections Code, the
Board of Supervisors of Orange County is hereby requested to consent to consolidation
of the election on this Measure with the Statewide General Election and all other
elections being held in the same territory on November 5, 2024, and to having the
Registrar of Voters render such election services to the City of Santa Ana as may be
requested by the City Clerk of said City, the County of Orange to be reimbursed in full
for such services as are performed.
Section 9. The election services requested by the City of the County Registrar of
Voters, or such other official as may be appropriate and which officer is hereby authorized
and directed to perform, if said Board of Supervisors consents, include: the preparation,
printing, and mailing of sample ballots and voter information guides; the establishment or
appointment of precincts, voting centers, and election officers; opening and closing of
voting centers, and making such publications as are required by law in connection
therewith; the furnishing of ballots, voting booths, and other necessary supplies or
materials for voting centers; the canvassing of the returns of the election and the
furnishing of the results of such canvassing to the City Clerk; and the performance of such
other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 12. The City Clerk is hereby directed to transmit a copy of the Measure set
forth in Section 4 above to the City Attorney, who shall prepare an impartial analysis of
the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
"The above statement is an impartial analysis of Ordinance or Measure _. If you
desire a copy of the ordinance or measure, please call the election official's office
at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial analysis
shall be filed no later than the deadline for direct arguments.
Section 13. All persons qualified to vote at municipal elections in the City on the
day of election herein provided shall be qualified to vote on the Measure hereby submitted
at the General Municipal Election.
Section 14. In all particulars not recited in the Resolution, the election shall be held
and conducted as provided by law for holding general municipal elections in the City.
Section 15. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 16. The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution
and the included Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 18. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project,"
as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 19. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 20. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 21. The City Clerk is hereby directed to certify to the passage and adoption
of this Resolution and to file a certified copy of this Resolution with the Orange County
Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight
(88) days before the date of the election.
ADOPTED this day of November, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND
ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2023 -XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on
Date:
, 2023.
City Clerk
City of Santa Ana
Alcala, Abigail
From: Lindsey Chou <
Sent: Tuesday, November 7, 2023 2:35 PM
To: eComment
Subject: Public Comment for Agenda Item #39: In Support of Noncitizen Voting
Good evening City Councilmembers,
My name is Lindsey, and I'm a resident of Garden Grove. I am in support of Agenda item #39, the proposal
to adopt a resolution to place ballot measure permitting Noncitizen Voting in Municipal Elections on the
2024 General Election ballot.
My loved ones and neighbors should have the right to vote, just as I do. They live in our community and
contribute to it significantly, and are certainly affected by the actions of our local governments. It is unfair to
bar them from providing their input through voting on these issues. I urge the council to support democracy for
all its residents and allow for the voices of all its constituents to be heard. Thank you.
Sincerely,
Lindsey Chou