San Francisco is one of the few places where some noncitizens can vote in a local election. On Tuesday, Nov. 3, eligible noncitizen parents can cast ballots in the city's Board of Education race. Advocates worry many will not.
Who can vote
San Francisco voters approved Measure N in 2016. According to the Department of Elections, a noncitizen can vote in Board of Education contests if they live in San Francisco, are at least 18, and are the parent, legal guardian or legal caregiver of a child who lives in the city. The child does not have to attend a public school. People are not eligible if they are disqualified under state law for imprisonment or mental incompetence.
Noncitizen voters must use a separate registration form, and the registration expires after each school board election. They get a ballot listing only Board of Education contests. The law does not allow noncitizens to vote in any other local, state or federal race.
Why advocates are worried
KQED reported that organizers who backed Measure N fear eligible parents will skip this election because of the Trump administration's investigation into alleged noncitizen voting in California. “People start to pull back from their rights because there’s fear that they’re going to get caught up in this dragnet,” Annette Wong of Chinese for Affirmative Action told KQED.
Federal officials demanded personal information on 441 people in San Francisco, including Social Security and driver's license numbers, KQED reported. City Attorney David Chiu refused in a letter, saying the requests violate state and local law. KQED noted it is not clear whether the federal list has anything to do with the school board voting program.
A state appeals court ruled in 2022 that San Francisco has the authority to let noncitizen parents vote in school board races. The 2022 school board recall drew the most noncitizen voters, 235, according to KQED.
The city's own warning
The Department of Elections tells noncitizens that information they give it, including their name and address, may be obtained by Immigration and Customs Enforcement and others. It suggests talking to an immigration attorney or immigrant-rights group before registering. It also says people who have voted only in these school board elections may answer “No” when the naturalization application asks whether they have voted, and that the department can provide a letter explaining the program.
More: the SF school board candidates and the court fight over DHS home visits.
How to vote
Election Day is Tuesday, Nov. 3. Polls and vote centers close at 8 p.m., and mailed ballots must be postmarked by Election Day and arrive within seven days. You can check your registration and ballot status at sos.ca.gov/elections. California lets you register and vote the same day at a vote center.