The past few weeks have been nothing short of chaotic for the San Francisco Unified School District (SFUSD). The controversial plan to close more than a dozen schools got scrapped, the previous superintendent resigned, and there’s still an enrollment crisis and massive budget deficit to address. With four of the seven school board seats up for election, November’s vote could bring significant changes to the district — and noncitizen parents don’t have to be left out.
While noncitizens are prohibited from voting in state or federal elections, San Francisco is one of the few cities in the country where certain noncitizen residents can legally vote for school board candidates. The school board is responsible for setting SFUSD’s budget, overseeing the superintendent – now Maria Su – and developing curriculum.
However, there are specific rules and potential risks involved for noncitizens interested in voting this year. El Tecolote spoke with the Department of Elections and some immigration lawyers to break them down.
Who can vote in San Francisco’s school board election?
Any adult parent and legal guardian of a child 18 years old or younger is eligible to vote if they and their child live in San Francisco, and are not in prison or on parole for a felony, and have not been disqualified from voting by the court due to mental incapacity.
This means that legal residents and undocumented immigrants who meet these requirements can legally vote in the city’s school board elections, even if their children aren’t currently enrolled in a SFUSD school.
How can S.F. residents without citizenship register to vote?
To register to vote, noncitizens need to fill out a Non-Citizen Voter (NCV) registration form, available in multiple languages, including Spanish, and submit it to the Department of Elections.
Interested voters can register in person at the Department of Elections’ office in City Hall anytime before Nov. 5, or register at their designated polling place on Election Day. The deadline to register by mail and get mail-in ballots was Oct. 21.
To confirm registration, noncitizens voters can log into the city’s non-citizen voter information portal or call the Department of Elections at 415-554-4375.
Noncitizen voter registration expires after every election, so anyone who had previously registered will need to do so again for the upcoming school board election.
How to vote in the school board election?
Like other S.F. voters, noncitizen residents can vote by mail or in person at City Hall anytime before Election Day. They can also vote in person on November 5 at their assigned voting place or at City Hall, from 7:00 a.m. to 8:00 p.m. Information on assigned voting places is available online. Non-registered voters can find their assigned voting place by calling the Department of Elections.
If noncitizens are voting in person, they should tell poll workers that they don’t have citizenship and are only voting in the school board election, so that they receive a special ballot.
What are the risks involved with registering?
Every immigration story in San Francisco is unique, so the city recommends that prospective voters review their legal situation with immigrant attorneys, nonprofits or knowledgeable experts to decide if they should register.
Any information given to the Department of Elections – including names and addresses – is public, meaning it can potentially be accessed independently by individuals, organizations and even state and federal agencies like Immigration and Customs Enforcement (ICE).
Because of this, Pilar Eslava, the Legal Director of La Raza Centro Legal’s Immigration Department, advises caution for noncitizens with complicated immigration or criminal histories, such as “individuals with deportation orders or other issues that could make them deportable.”
However, this is not considered a “meaningful risk” for immigrants with legal status, according to Francisco Ugarte, who heads the San Francisco Public Defender’s office Immigration Unit. He told El Tecolote there is also a low likelihood that undocumented immigrants without criminal cases would be targeted by ICE due its “limited” capacity. Ugarte added that there’s a strong likelihood the community would rally to defend them if ICE were to become involved.
“There’s a strong, vibrant legal services community and immigrant rights community in the city and in the Bay Area that will protect people’s rights,” Ugarte said. “That’s another reason why this risk is extremely low.”
Can this affect noncitizens’ path to citizenship?
Since certain noncitizens can legally participate in San Francisco’s school board election, voting in this race shouldn’t negatively affect their path to citizenship if they properly note this in their citizenship application. Eslava said she recommends that applicants explain that they voted in a local school election and provide proof that this kind of noncitizen voting is legal in San Francisco.
To get proof, noncitizens can request a letter from the San Francisco Department of Elections certifying their legal vote. These requests must be made in writing, either by email or mail, addressed to the Department of Elections.