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Smart Voter
San Francisco County, CA November 2, 2010 Election
Proposition D
Non-Citizen Voting in School Board Elections
County of San Francisco

Charter Amendment - Majority Approval Required

Fail: 118608 / 45.09% Yes votes ...... 144418 / 54.91% No votes

See Also: Index of all Propositions

Information shown below: Summary | Fiscal Impact | Arguments |

Shall the City allow non-citizen residents of San Francisco who are 18 years of age or older and have children living in the San Francisco Unified School District to vote for members of the Board of Education?

Summary Prepared by The Ballot Simplification Committee:
The Way It Is Now: The San Francisco Unified School District operates 140 public schools in San Francisco for students from pre-kindergarten through grade twelve. The San Francisco Board of Education oversees and sets policy for the School District. The Board of Education has seven members who are elected by San Francisco voters. Elections for members of the Board of Education are held in November of even-numbered years.

San Francisco residents who are 18 years of age or older, United States citizens, and not in prison or on parole for a felony conviction are eligible to register to vote in San Francisco elections.

The Proposal: Proposition D is a Charter amendment that would allow any non-citizen resident of San Francisco to vote for members of the Board of Education if the resident:

  • is the parent, legal guardian or legally-recognized caregiver for a child living in the School District, and
  • is 18 years of age or older and not in prison or on parole for a felony conviction.

Proposition D would apply to the November 2012, 2014, and 2016 elections for members of the Board of Education. The measure would expire after the 2016 election unless the Board of Supervisors adopts an ordinance allowing it to continue.

Fiscal Impact from The Controller of San Francisco:
City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition D:

Should the proposed Charter amendment be approved by the voters, in my opinion, it would increase the cost of government, as estimated by the Department of Elections, by approximately $152,000 per election to print and distribute voting materials, train poll workers and develop procedures.

Should the election take place by absentee ballot only, which would require a subsequent ordinance by the Board, costs may be reduced to approximately $100,000.

The amendment would permit non-citizens 18 years of age or older who have children in the San Francisco public schools to vote in the elections for the School Board. The amendment would sunset on December 31, 2016, but could be extended by ordinance.

 
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Arguments For Proposition D Arguments Against Proposition D
Proposition D gives all parents a voice.
  • It is estimated that at least 1 of out 3 children in San Francisco public schools has an immigrant parent.
  • All parents, regardless of citizenship, will have the opportunity to become an integral part of their child's education and future through the electoral process.
  • It is essential that we expand parental involvement in our schools since greater parental participation is a key element in improving schools, particularly low-performing schools.

Immigrant voting has a long history in our country.
  • For the first 150 years of our nation's history - from 1776 until 1926 - 22 states and territories allowed immigrants to vote and even hold office.
  • Over the last three decades, cities and towns in Illinois, Maryland, Massachusetts and New York have passed laws allowing immigrants to vote. Immigrant voting is legal.
  • The United States Supreme Court had repeatedly said that citizenship is not required to vote.
  • The California Constitution protects the right of citizens to vote, but does not exclude immigrants from voting.
  • The California Constitution explicitly authorizes Charter cities such as San Francisco to provide for the manner of electing school board members. Immigrants seeking citizenship face enormous bureaucratic challenges.
  • Government red tape and ICE backlogs can mean a long wait to become a U.S. citizen.
  • Waiting times for common immigration petitions have dramatically increased since 9/11.

Please join us in voting YES on Proposition D to give all children a voice in their education!

Board of Supervisors President David Chiu and Supervisors Michela Alioto-Pier, David Campos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell, and Ross Mirkarimi.

Rebuttal to Arguments For
SHOULD ILLEGAL ALIENS AND THOSE FACING DEPORTATION BE ALLOWED TO VOTE FOR THE SAN FRANCISCO BOARD OF EDUCATION?

What Proposition D backers call "Immigrant Voting" does not mean just legal immigrants. Proposition D also proposes that illegal aliens and even those in the process of being deported from the United States be allowed to vote for San Francisco's Board of Education. All that is required is that the alien voter be the parent (or the caregiver) of a child enrolled in a public or private school within the San Francisco Unified School District (SFUSD) boundaries and a de facto resident (legal or illegal) of the City.

It is an interesting question whether legal aliens might be allowed to vote for our boards of education on a national basis, but that should be regulated by future international treaties. Such future treaties, if approved by the President and a two-thirds vote of the United States Senate, should also provide for similar voting rights for American citizens who are legal residents of foreign countries. For example, an American who is living in Canada or Mexico might be allowed to vote in foreign board of education elections, in exchange for Canadians or Mexicans being given the same rights here.

Proposition D rewards criminal misconduct.

Dr. Terence Faulkner, J.D., County Central Committeeman*

Arlo Hale Smith, Past BART Board President*

Doo Sup Park, State Senate Nominee

  • For identification purposes only; author is signing as an individual and not on behalf of an organization.
PROPOSITION D WOULD ALLOW ILLEGAL ALIENS AND THOSE ABOUT TO BE DEPORTED FROM THE UNITED STATES TO VOTE FOR THE SAN FRANCISCO BOARD OF EDUCATION:

City Proposition D is a proposed San Francisco City Charter Amendment that would let non-citizens, illegal aliens, and those facing deportation from the United States to vote for the San Francisco Board of Education if they are the parents or caregivers of a child going to a public or private school within the San Francisco Unified School District (SFUSD).

The only requirement is that the non-citizen or illegal alien is a resident of the SFUSD.

Dr. Terence Faulkner, J.D.

Rebuttal to Arguments Against
Here are the facts no Prop D:

Proposition D is legal. The U.S. Supreme Court has repeatedly stated that citizenship is not a requirement to vote. The California State Constitution protects a citizen's right to vote, but does not exclude immigrants from voting. The California State Constitution explicitly authorizes charter cities such as San Francisco to provide a means of electing school board members.

Proposition D encourages civic participation. Any San Francisco resident who is a parent, legal guardian or caregiver of a child in San Francisco public schools will be allowed to vote on San Francisco School Board elections, provided that they have not been convicted of a felony or currently in prison.

One out of three children in the San Francisco Unified School District has an immigrant parent. Allowing parents, regardless of citizenship status, to vote in school board elections is not new. It's allowed in other cities such as Chicago, New York City and Maryland. While most parents are involved in their children's education through parent groups and school site councils, allowing all parents to fully participate in all aspects of their children's education is a common-sense way to encourage full parental involvement.

Proposition D will increase parental involvement. Children do better in school when their parents are involved in their education. Allowing all parents to participate in the election of school board members means greater parental involvement that ultimately results in more successful schools.

http://www.votepropd.com

Board of Supervisors President David Chiu

San Francisco Democratic Party

San Francisco League of Young Voters


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