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Litigation & Arbitration

Aug. 10, 2023

Panel upholds San Francisco noncitizen voter program

“Neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to noncitizens,” 1st District Court of Appeal Presiding Justice Mark B. Simons wrote.

San Francisco’s program allowing noncitizens to vote in school board elections is supported by the state Constitution and laws on the authority of charter cities, a 1st District Court of Appeal panel ruled, overturning a lower-court ruling that the practice is unconstitutional.

The next step in the dispute “may not be an appeal, however, to the California Supreme Court, but rather a federal-court case based on 14th Amendment’s equal protec...

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