San Francisco County Municipal Code Art. X Non-United States Citizen Voting in School Board

ELECTIONS

Sec. 1000. Findings. Sec. 1000.1. Reauthorization of Non-United States Citizen Voting in School Board Elections.

Sec. 1001. Definitions. Sec. 1002. Voter Registration for School Board Elections. Sec. 1003. Notice. Sec. 1004. Other Documents. Sec. 1005. Use of City Funds for Immigration Enforcement.

SEC. 1000. FINDINGS. (a) In November 2016, San Francisco voters approved Proposition N, a Charter amendment, adding Charter Section 13.111, to allow non-United States citizens (“noncitizens”) who meet certain criteria, to vote for members of the San Francisco Board of Education (“School Board”) in the City’s November 2018, November 2020, and November 2022 elections. This right was extended to all noncitizen residents of San Francisco who were of legal voting age and the parents, legal guardians, and caregivers (collectively, “parents”) of a child under age 19 living within the boundaries of the San Francisco Unified School District (“School District”). Section 13.111 states that it will expire on December 31, 2022, unless the Board of Supervisors determines thereafter by ordinance that the right of noncitizens to vote in School Board elections will continue beyond that date. (b) Noncitizen parents contribute greatly to the School District. They volunteer at schools, serve on school site councils, host School Board forums, attend and participate as members of the public in School Board meetings, share ideas for improving the School District’s family communications plan, provide crucial input on budget matters, and educate fellow parents about their right to be involved in their children’s education. Realizing the vital contributions that noncitizen parents make to the School District, San Francisco voters passed Proposition N to provide them with a greater voice in School District policies by permitting them to vote in School Board elections. (c) Extensive research demonstrates how parent involvement in their children’s education is critical for students’ lifelong achievements and success. These research studies are on file with the Clerk of the Board in File No. 210961. These studies demonstrate that students whose parents are involved in their schooling are more likely to attend school regularly, have better social emotional skills, and obtain higher grades. To encourage such involvement, Proposition N ensured that noncitizen parents have a role in selecting the officials who set the School District policies that impact their children’s education. (d) Eligible noncitizen parents exercised their right to participate in the School Board elections held between 2018 - 2020. Between May 2018 to July 2021, community-based outreach efforts about the opportunity for eligible noncitizens to vote in School Board elections reached 13,272 people. Reports regarding these outreach efforts are on file with the Clerk of the Board in File No. 210961. (e) Continuation of noncitizen voting in School Board elections is necessary to allow many unheard voices to come forward. Though the number of noncitizen parents in the School District is currently unknown, as of the 2020-2021 school year, there were over 13,682 English Language Learners in the School District. These students spoke a variety of languages including, but not limited to, Arabic, Mandarin, Cantonese, Japanese, Korean, Russian, Samoan, Spanish, Filipino, and Vietnamese. The California Department of Education’s statistics on English Language Learners in the School District are on file with the Clerk of the Board in File No. 210961. (f) It is in the public interest for the City to exercise its option under Charter Section 13.111(a)(2) to extend the right of noncitizen parents to vote in School Board elections beyond December 31, 2022. (g) In order to realize the full civic engagement of noncitizen parents in School District affairs by voting, additional resources for outreach, engagement, and education, as well as improved coordination between key stakeholders such as the School District, City departments, and community-based groups would ensure eligible noncitizen parents are aware of their right to vote in School Board elections. Additionally, culturally-adequate outreach in the primary languages of San Francisco families is crucial to equip parents with the information necessary to decide whether to exercise these voting rights. The City encourages the School District and the Department of Elections to continue devoting adequate resources for such outreach and related efforts. (Added by Ord. 206-21, File No. 210961, App. 11/12/2021, Eff. 12/13/2021, Oper. 1/1/2023)

VOTING IN SCHOOL BOARD ELECTIONS. Pursuant to Charter Section 13.111(a)(2), the Board of Supervisors authorizes the extension of non-United States citizen voting in School Board elections, according to the terms of Charter Section 13.111(a)(1)(B), beyond December 31, 2022, with no sunset date on the extension. (Added by Ord. 206-21, File No. 210961, App. 11/12/2021, Eff. 12/13/2021, Oper. 1/1/2023)

SEC. 1001. DEFINITIONS. Whenever the following terms are used in this Article X, the following definitions shall apply: “Department” means the San Francisco Department of Elections. “Director” means the Department’s Director of Elections, or his or her designated agent or representative. “School Board Election” means an election for or recall election regarding one or more members of the Board of Education of the San Francisco Unified School District. (Added by Ord. 128-18, File No. 180193, App. 5/30/2018, Eff. 6/30/2018; amended by Ord. 206-21, File No. 210961, App. 11/12/2021, Eff. 12/13/2021, Oper. 12/13/2021) SEC. 1002. VOTER REGISTRATION FOR SCHOOL BOARD ELECTIONS. (a) Voter Registration Affidavit. The Department shall create a voter registration affidavit, which shall be the exclusive means by which a non-United States citizen may register to vote in School Board Elections. (b) Contents. The voter registration affidavit described in subsection (a) shall, in addition to any other information required by the Department, require the individual to attest under penalty of perjury that: (1) the individual is not a United States citizen; (2) the individual is a San Francisco resident, and intends to remain a San Francisco resident until the next School Board Election; (3) the individual is the parent, legal guardian, or caregiver (as defined in California Family Code Section 6550 or any successor legislation) of a child who, at the time of the next School Board Election, will be under age 19 and resides in the San Francisco Unified School District; (4) at the time of the next School Board Election, the individual will be the minimum age required under the City Charter to vote in a municipal election; and, (5) the individual is not disqualified from voting under Article II, Section 4 of the California Constitution or any implementing State statute. The voter registration affidavit described in subsection (a) of this Section 1002 shall also state that it does not entitle an individual to vote in elections other than School Board Elections. (c) Notice. The voter registration affidavit described in subsection (a) of this Section 1002 shall include the notice described in Section 1003 of this Article X . (d) Validity. An individual’s voter registration affidavit shall be valid for one School Board Election. An individual must submit a new voter registration affidavit prior to voting in each School Board Election. (Added by Ord. 128-18, File No. 180193, App. 5/30/2018, Eff. 6/30/2018) SEC. 1003. NOTICE. (a) The Department shall place the following notice in the locations described in subsection (c) of this Section 1003: “IMPORTANT NOTICE FOR NON-UNITED STATES CITIZENS. Any information you provide to the Department of Elections, including your name and address, may be obtained by Immigration and Customs Enforcement (ICE) and other agencies, organizations, and individuals. In addition, if you apply for naturalization, you will be asked whether you have ever registered or voted in a federal, state, or local election in the United States. You may wish to consult with an immigration attorney, an organization that protects immigrant rights, or other knowledgeable source before providing any personal information to the Department of Elections and before registering to vote in San Francisco Board of Education Elections. You can find on the Department of Elections’ website a list of nonprofit organizations that specialize in protecting the rights of immigrants.” (b) The notice described in subsection (a) of this Section 1003 shall appear in conspicuous type in contrast by typography, layout, or color with all other words on each document or website where the notice appears. The words “IMPORTANT NOTICE FOR NON- UNITED STATES CITIZENS” shall appear in capital letters. The Director may replace the words “Department of Elections’ website” in the notice with the exact web address where the list described in subsection (d) of this Section 1003 appears. (c) The notice described in subsection (a) of this Section 1003 shall appear on the voter registration affidavit described in Section

1002 of this Article X and on any other written materials mailed to non-United States citizen voters by the Department. The notice shall also appear on pages of the Department’s website that include information as to how non-United States citizens may register to vote in School Board Elections. The Department may also include the notice on additional materials related to School Board Elections. (d) The Department shall maintain a devoted page on its website that includes a list of organizations with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the rights of immigrants. To be included on that list, an organization must certify, on a form to be developed by the Department, that it meets the criteria set forth in the previous sentence. (e) The Department shall translate the notice described in subsection (a) of this Section 1003 into the following languages: Amharic, Arabic, Armenian, Assyrian, Bengali, Burmese, Cantonese, Cebuano (Visayan), Chaozhou, Dutch, Farsi (Persian), Tagalog, French, German, Greek, Gujarati, Hebrew, Hindi, Hmong, Hungarian, Ilocano, Indonesian, Italian, Japanese, Khmer (Cambodian), Korean, Lao, Mandarin, Mien (Yao), Pashto, Polish, Portuguese, Punjabi, Rumanian, Russian, Samoan, Serbo Croatian (Bosnian), Serbo Croatian (Croatian), Spanish, Taiwanese, Thai, Tigrinya, Toishanese, Tongan, Turkish, Ukrainian, Urdu, and Vietnamese. The Department shall post these translated notices on its website. (Added by Ord. 128-18, File No. 180193, App. 5/30/2018, Eff. 6/30/2018) SEC. 1004. OTHER DOCUMENTS. (a) The Department shall, upon request, provide a letter stating the criteria set forth in Charter Section 13.111(a)(1) for non-United States citizens to vote in School Board Elections, and indicating whether a particular person voted in a particular School Board Election. (b) The Department shall develop a checklist of all criteria for non-United States citizens to vote in School Board Elections. This checklist shall include the notice described in subsection (a) of Section 1003. This checklist shall state that registering to vote in School Board Elections does not entitle a person to vote in other elections. In drafting this checklist, the Department shall achieve the closest proximity to the sixth-grade level of readability as possible. The Department shall translate this checklist into Spanish, Chinese, Tagalog, Vietnamese, and Arabic. The Department shall endeavor to provide this checklist to each person who receives the voter registration affidavit described in Section 1002. The Department shall post this checklist on its website, including the translations of this checklist. (Added by Ord. 128-18, File No. 180193, App. 5/30/2018, Eff. 6/30/2018) SEC. 1005. USE OF CITY FUNDS FOR IMMIGRATION ENFORCEMENT. In conducting School Board elections, the Department shall comply with Administrative Code Chapter 12H, which provides, inter alia, that “No department, agency, commission, officer, or employee of the City and County of San Francisco shall use any City funds or resources to assist in the enforcement of Federal immigration law . . .” Nothing in this Section 1005 prohibits the Department from sending to, or receiving from, a Federal agency charged with enforcement of Federal immigration law information regarding an individual’s citizenship or immigration status, lawful or unlawful. Nothing in this Section 1005 requires the Department to send or receive from a Federal agency charged with enforcement of Federal immigration law information regarding an individual’s citizenship or immigration status, lawful or unlawful. “Information regarding an individual’s citizenship or immigration status, lawful or unlawful” for purposes of this Section 1005, shall be interpreted consistent with Section 1373 of Title 8 of the United States Code. This Section 1005 shall expire by operation of law if a court of competent jurisdiction enters a judgment ruling 8 U.S.C. § 1373(a) facially unconstitutional or unconstitutional as applied to the City. (Added by Ord. 128-18, File No. 180193, App. 5/30/2018, Eff. 6/30/2018)