SAN JOSE, Calif. - (KRT) - The San Francisco Board of Supervisors on Tuesday agreed to place a controversial ballot measure on the November ballot that could make the city the first in California to allow non-citizens to vote in local school board elections.
Under the proposed charter amendment change, parents or guardians of children in San Francisco schools - including undocumented immigrants - would be allowed to vote.
"I believe this is important because it further democratizes our society," said board president Matt Gonzalez, author of the initiative. The board voted 9-2 to place the measure on the ballot for a city vote.
But Supervisor Fiona Ma, one of two supervisors who voted against the measure, said she opposed it because she believes only U.S. citizens should have the right to vote.
"We start going down a slippery slope when we start giving special privileges," Ma said. "There is no question that improving our schools should be a priority for this body. But expanding voting rights to non-citizens does nothing to further those ends."
San Francisco has attempted to extend voting rights to non-citizens in the past. In 1996, a state judge struck down an attempt by some residents to allow non-citizens to vote in all municipal elections. The judge ruled that the proposal conflicted with the California constitution, which requires U.S. citizenship to vote.
Supporters of the new ballot measure said they are confident that this time, with the narrow focus on local school board elections, the proposal will stand up to a legal challenge.
"It's important because it integrates residents of the city who are disenfranchised in the decision-making process in schools," said Carlo Petroni, a founder of Movimiento de los derechos des inmigrantes, (Movement for Immigrant Rights), a San Francisco group that's campaigning to get the ballot measure approved. "It's good policy and it's good government."
Arnold is in full favor of this kind of tripe. when he signs sb1160 into law next month, that will be a rude awakeneing for all of his mesmerized fans. I hate to say this, but I am almost looking forward to it. they are going to be so confused and bewildered ''why did Arnie betray us! how could he??!?'' lol
MEXICO CONSTITUTION
Chapter III
Foreigners
Article 33. Foreigners are those who do not possess the qualifications set forth in Article 30. They are entitled to the guarantees granted by Chapter I, Title I, of the present Constitution; but the Federal Executive shall have the exclusive power to compel any foreigner whose remaining he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action.
FOREIGNERS MAY NOT IN ANY WAY PARTICIPATE IN THE POLITICAL AFFAIRS OF THE COUNTRY.
U.S. CONSTUTUTION
Article IV
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The CITIZENS OF EACH STATE SHALL BE ENTITLED TO ALL PRIVILEGES and immunities
of citizens in the several states.
Amendment XIV
Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States
and of the state wherein they reside. No state shall make or enforce any law
which shall abridge the privileges
or immunities of citizens of the United States;
[ABRIDGE]
{1. ...; to lessen; to diminish; to curtail; as, ...; to abridge power or rights.
{to Abridge:
3. To deprive; to cut off; -- followed by of, and formerly by from; as, to abridge one of his rights.
http://machaut.uchicago.edu/cgi-bin/WEBSTER.sh?WORD=abridge }
Section 2. Representatives shall be apportioned among the several states according to
their respective numbers, counting the whole number of persons in each state, excluding
Indians not taxed. But when the right to vote at any election for the choice of electors
for President and Vice President of the United States, Representatives in Congress,
the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear
to the whole number of male citizens twenty-one years of age in such state.
Amendment XV
Section 1. The RIGHT OF CITIZENS TO VOTE of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XVII
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote.
Amendment XIX
The RIGHT OF CITIZENS of the United States TO VOTE shall not be denied or abridged by the United States or by any state on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment XXIV
Section 1. The RIGHT OF CITIZENS of the United States TO VOTE in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXVI
Section 1. The RIGHT OF CITIZENS of the United States, who are 18 years of age or older, TO VOTE, shall not be denied or abridged by the United States or any state on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 22. The right to vote or hold office may not be conditioned by a property qualification.
sec 7
(b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.
CALIFORNIA CONSTITUTION
ARTICLE 4 LEGISLATIVE
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2. A UNITED STATES CITIZEN 18 YEARS OF AGE AND RESIDENT IN THIS STATE MAY VOTE.
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 2.5. A voter who casts a vote in an election IN ACCORDANCE WITH THE LAWS OF THIS STATE
shall have that vote counted.
SEC. 8.5. An act amending an initiative statute, an act providing
for the issuance of bonds, or a constitutional amendment proposed by the Legislature and submitted to the voters
CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL
SEC. 11. (a) Initiative and referendum powers may be exercised bythe electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b)
and (c), this section does not affect a city having a charter.
(b) A city or county initiative measure shall not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the
initiative measure, or based upon the casting of a specified
percentage of votes in favor of the measure, by the electors of the city or county or any part thereof.
(c) A city or county initiative measure shall not contain
alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.
CALIFORNIA CONSTITUTION
ARTICLE 16 PUBLIC FINANCE
SEC. 18. (a) No county, city, town, township, BOARD OF EDUCATION, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the VOTERS of the public entity voting at an election to be held for
that purpose, except that with respect to any such public entity which is authorized to incur indebtedness for PUBLIC SCHOOL purposes, any proposition for the incurrence of indebtedness in the form of general obligation bonds for the purpose of repairing, reconstructing
or replacing public school buildings determined, in the manner prescribed by law, to be structurally unsafe for school use, shall be adopted upon the approval of a majority of the voters of the public entity voting on the proposition at such election; nor unless before or at the time of incurring such indebtedness provision shall be made
for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and to provide for a sinking fund for the payment of the principal thereof, on or before maturity, which shall not exceed forty years from the time of contracting the
indebtedness.
(b) Notwithstanding subdivision (a), on or after the effective date of the measure adding this subdivision, in the case of any school district, community college district, or county office of education, any proposition for the incurrence of indebtedness in the
form of general obligation bonds for the construction,
reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, shall be adopted upon the approval of 55 percent of the voters of the district or county, as appropriate, voting on the proposition at an
election. This subdivision shall apply only to a proposition for the incurrence of indebtedness in the form of general obligation bonds for the purposes specified in this subdivision if the proposition meets all of the accountability requirements of paragraph (3) of
subdivision (b) of Section 1 of Article XIIIA.
(c) When two or more propositions for incurring any indebtedness or liability are submitted at the same election, the votes cast for and against each proposition shall be counted separately, and when two-thirds or a majority or 55 percent of the VOTERS, as the case may be, voting on any one of those propositions, vote in favor thereof,
the proposition shall be deemed adopted.
ARTICLE 13C [VOTER APPROVAL FOR LOCAL TAX LEVIES]
SECTION 1. Definitions. As used in this article:
(a) "General tax" means any tax imposed for general governmental
purposes.
(b) "Local government" means any county, city, city and county,including a charter city or county, any special district, or anyother local or regional governmental entity.
(c) "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performanceof governmental or proprietary functions with limited geographic boundaries including, but not limited to, SCHOOL DISTRICTS and redevelopment agencies.
(d) "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
CALIFORNIA CONSTITUTION
ARTICLE 13C [VOTER APPROVAL FOR LOCAL TAX LEVIES]
SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including SCHOOL DISTRICTS, shall have no power to levy general taxes.
(b) No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote.
CALIFORNIA CONSTITUTION
ARTICLE 11 LOCAL GOVERNMENT
SEC. 7.5. (a) A city or county measure proposed by the legislative body of a city, charter city, county, or charter county and submitted to the VOTERS for approval SHALL NOT DO EITHER OF THE FOLLOWING:
(1) INCLUDE or exclude any part of the city, charter city, county, or charter county from the application or effect of its provisions based upon approval or disapproval of the city or county measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city, charter city, county, charter county, or any part thereof.
CALIFORNIA CONSTITUTION
ARTICLE 9 EDUCATION
SEC. 3. A SUPERINTENDENT OF SCHOOLS FOR EACH COUNTY MAY BE ELECTED BY THE QUALIFIED ELECTORS THEREOF at each gubernatorial election or may be appointed by the county board of education, and the manner of the selection shall be determined by a MAJORITY VOTE OF THE ELECTORS
OF THE COUNTY voting on the question; provided, that two or more counties may, by an election conducted pursuant to Section 3.2 of this article, unite for the purpose of electing or appointing one joint superintendent for the counties so uniting.
CALIFORNIA CONSTITUTION
ARTICLE 9 EDUCATION
SEC. 3.2. Notwithstanding any provision of this Constitution to the contrary, any two or more chartered counties, or nonchartered counties, or any combination thereof, may, by a majority VOTE OF THE ELECTORS of each such county voting on the proposition at an election called for that purpose in each such county, establish one joint BOARD OF EDUCATION and one joint county superintendent of schools for
the counties so uniting. A joint county BOARD OF EDUCATION and a joint county superintendent of schools SHALL BE GOVERNED BY THE GENERAL STATUES
general statutes and shall not be governed by the provisions of any county charter.
CALIFORNIA CONSTITUTION
ARTICLE 9 EDUCATION
SEC. 3.3. Except as provided in Section 3.2 of this article, it shall be competent to provide in any charter framed for a county UNDER ANY PROVISION OF THIS CONSTITUTION, or by the amendment of any such charter, for the ELECTION OF THE MEMBERS OF THE COUNTYBOARD OF EDUCATION of such county and FOR THEIR QUALIFICATIONS and terms of office.
CALIFORNIA CONSTITUTION
ARTICLE 9 EDUCATION
SEC. 7. The Legislature shall provide for the appointment or
election of the State Board of Education and a board of education in each county or for the election of a joint county board of education for two or more counties.
CALIFORNIA CONSTITUTION
ARTICLE 9 EDUCATION
SEC. 14. The Legislature shall have power, by general law, to provide for the incorporation and organization of school districts, high school districts, and community college districts, of every kind and class, and may classify such districts.
The Legislature may authorize the governing boards of all school districts to initiate and carry on any programs, activities, or TO OTHERWISE ACT
IN ANY MANNER WHICH IS NOT IN CONFLICT WITH THE LAWS
and purposes for which school districts are established.
(b) Notwithstanding Section 3 of Article XI, when the boundaries of a school district or community college district extend beyond the limits of a city whose charter provides for any or all of the foregoing with respect to the members of its board of education, no charter amendment effecting a change in the manner in which, the times at which, or the terms for which the members of the BOARD OF EDUCATION
SHALL BE ELECTED or appointed, FOR THEIR QUALIFICATIONS,
compensation, or removal, or for the number which shall constitute such board, shall be adopted unless it is submitted to and approved by a majority of all the qualified electors of the school district or community college district voting on the question. Any such amendment, and any portion of a proposed charter or a revised charter which would establish or change any of the foregoing provisions
respecting a board of education, shall be submitted to the electors of the school district or community college district as one or more separate questions. The failure of any such separate question to be approved shall have the result of continuing in effect the applicable
existing law with respect to that board of education.
CALIFORNIA CONSTITUTION
ARTICLE 7 PUBLIC OFFICERS AND EMPLOYEES
SEC. 9. Notwithstanding any other provision of this Constitution, no person or organization which advocates the overthrow of the Government of the United States or the State by force or violence or other unlawful means or WHO ADVOCATES THE SUPPORT THE SUPPORT OF A FOREIGN GOVERNMENT against the United States in the event of hostilities
shall:
(a) Hold any office or employment under this State, including but not limited to the University of California, or with any county, city or county, city, district, political subdivision, authority, BOARD, bureau, commission or other public agency of this State; or
(b) Receive any exemption from any tax imposed by this State or any county, city or county, city, district, political subdivision,
authority, BOARD, bureau, commission or other public agency of this
State.
The Legislature shall enact such laws as may be necessary to enforce the provisions of this section.
31835: "Any use, by any individual, society, group or organization for the commission of any act intended to further any program or movement the purpose of which is to
accomplish the overthrow of the government of the U.S or of the state by force, violence or other UNLAWFUL means while using school property pursuant to the provisions of this chapter is guilty of a misdemeanor".
38136: "No governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of Section 38135."