[Municipal Elections Code - Noncitizen Voting in School Board Elections] Ordinance amending the Municipal Elections Code to implement Proposition N,
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1 FILE NO. 0 ORDINANCE NO. Attachment [Municipal Elections Code - Noncitizen Voting in School Board Elections] 0 Ordinance amending the Municipal Elections Code to implement Proposition N, adopted at the November,, election, by requiring the Department of Elections to develop a voter registration affidavit for certain non-united States citizens to vote in School Board elections; to include a notice on voter materials informing non-united States citizens that any information provided to the Department may be obtained by the federal government; and to create other documents related to non-united States citizens voting in School Board elections, as defined herein. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section. The Municipal Elections Code is hereby amended by adding Article X, consisting of Sections 00 through 00, to read as follows: ELECTIONS ARTICLE X: NON-UNITED STATES CITIZEN VOTING IN SCHOOL BOARD SEC. 00. DEFINITIONS. Whenever the following terms are used in this Article X, the following definitions shall apply: Department means the San Francisco Department of Elections. BOARD OF SUPERVISORS Page
2 Attachment Director means the Department s Director of Elections, or his or her designated agent or representative. School Board Election means an election for one or more members of the Board of Education of the San Francisco Unified School District. 0 SEC. 00. 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: () the individual is not a United States citizen; () the individual is a San Francisco resident, and intends to remain a San Francisco resident until the next School Board Election; () the individual is the parent, legal guardian, or caregiver (as defined in California Family Code Section 0 or any successor legislation) of a child who, at the time of the next School Board Election, will be under age and resides in the San Francisco Unified School District; () 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, () the individual is not disqualified from voting under Article II, Section of the California Constitution or any implementing State statute. The voter registration affidavit described in subsection (a) of this Section 00 shall also state that it does not entitle an individual to vote in elections other than School Board Elections. BOARD OF SUPERVISORS Page
3 Attachment (c) Notice. The voter registration affidavit described in subsection (a) of this Section 00 shall include the notice described in Section 00 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. 0 SEC. 00. NOTICE. (a) The Department shall place the following notice in the locations described in subsection (c) of this Section 00: 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 and lawyers that specialize in protecting the rights of immigrants. (b) The notice described in subsection (a) of this Section 00 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 00 appears. BOARD OF SUPERVISORS Page
4 Attachment 0 (c) The notice described in subsection (a) of this Section 00 shall appear on the voter registration affidavit described in Section 00 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 lawyers, law firms, and organizations with tax exempt status under United States Code Section 0(c)() or 0(c)() 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 00 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. SEC. 00. OTHER DOCUMENTS (a) The Department shall, upon request, provide a letter stating the criteria set forth in Charter Section.(a)() for non-united States citizens to vote in School Board Elections, and indicating whether a particular person voted in a particular School Board Election. BOARD OF SUPERVISORS Page
5 Attachment (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 00. 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 00. The Department shall post this checklist on its website, including the translations of this checklist. 0 SEC. 00. USE OF CITY FUNDS FOR IMMIGRATION ENFORCEMENT. In conducting School Board elections, the Department shall comply with Administrative Code Chapter H, 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 00 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 00 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 00, shall be interpreted consistent with Section of Title of the United States Code. This Section 00 shall expire by operation of law if a court of competent jurisdiction enters a judgment ruling U.S.C. (a) facially unconstitutional or unconstitutional as applied to the City. BOARD OF SUPERVISORS Page
6 Attachment Section. Effective Date. This ordinance shall become effective 0 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor s veto of the ordinance. 0 APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: JOSHUA S. WHITE Deputy City Attorney n:\legana\as\00\00.docx BOARD OF SUPERVISORS Page
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