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San Francisco committee advances charter amendment to let noncitizen parents vote in SFUSD elections

Board of Supervisors Rules Committee · July 1, 2010
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Summary

The Rules Committee heard hours of testimony July 1 on a charter measure authored by Board President David Chu to allow noncitizen parents to vote in San Francisco Unified School District board elections; the item was continued for technical revisions and will return to committee.

A San Francisco Board of Supervisors Rules Committee hearing on July 1 drew lengthy public testimony for and against a charter amendment that would let residents who are parents, legal guardians or caregivers of children in the San Francisco Unified School District vote in SFUSD Board of Education elections regardless of U.S. citizenship. The committee heard from elected officials, youth commissioners and dozens of community members before continuing the item to consider technical amendments.

Board President David Chu, the measure’s lead author, said the proposal is a narrow experiment to boost parental participation and accountability in public schools. "This initiative is to restore accountability by helping to give all parents a say in the citizen leadership that runs our schools," Chu said, and he cited historical examples where noncitizen voting practices existed and the U.S. Supreme Court case Minor v. Happersett to argue the amendment is legally permissible under home-rule authority.

Supporters — including youth commissioners and immigrant-rights advocates — told the committee their inability to vote deprives the district of parent voices. Amanda Chan, a San Francisco youth commissioner, said: "One third of students in the San Francisco Unified School District have an immigrant parent. This is an extremely significant percentage if it means that these students' concerns and needs are not being heard." Testimony from immigrant parents described fear and exclusion before naturalization and urged the city to place the measure on the ballot.

Opponents raised constitutional and practical concerns. One critic argued the U.S. Constitution contemplates citizenship-based suffrage and cautioned against allowing noncitizens to vote even in local school contests. Privacy and enforcement issues were also raised: Renee Saucedo of La Raza Centro Legal asked the committee to ensure voting records could not be used by federal immigration authorities, saying a guarantee of confidentiality is essential to reassure immigrant voters.

Chu told the panel the proposal includes a three‑cycle sunset clause — applying to the 2012, 2014 and 2016 school-board elections unless the supervisors extend it — and that the City Attorney has suggested technical amendments to clarify that it would not change the Charter's Article 17 definition of "elector" beyond school-board ballots. After debate, the committee did not vote on final approval; members agreed to continue the item for one week so the amendments can be incorporated and administrative protections addressed.

The committee gave members of the public two minutes each for comment and balanced arguments about legal risk, outreach and the magnitude of affected families featured prominently in the record. The next committee appearance will include the amended text and answers to privacy and administrative questions raised during public comment.