Judge denies San Fran’s Motion for Stay Pending Appeal in lawsuit that strikes down noncitizen voting as unconstitutional

A few weeks ago a Judge agreed, it is illegal to allow non citizens to vote in San Fran elections.  Now that decision has been upheld.  This should be a warning to Oakland, Santa Ana and other cities that prefer lawbreakers vote in elections than hold honest elections.

Congrats to Jim Lacy for his leadership in upholding the law—too bad the local election officials decided to violate their oath of office.


 “ The successful challenge to the San Francisco noncitizen voting law was brought by Plaintiff James V. Lacy and affiliated organizations, namely the United States Justice Foundation and the California Public Policy Foundation, and San Francisco voter Michael Denny.

     Lacy said “we are buoyed by our successes in San Francisco in reestablishing election integrity there, and will build on these great outcomes to assure citizens’ votes are not further illegally diluted by misguided government policies in future.  We sense the momentum now in California is against allowing for noncitizen voting.” 

     Copies of the “Order Denying Motion for Stay” are available by emailing James Lacy at [email protected] or through the Superior Court of San Francisco.
 
Judge denies San Francisco’s Motion for Stay Pending Appeal in lawsuit that
strikes down noncitizen voting as unconstitutional.


Another California city now shelving efforts to adopt noncitizen voting.  Momentum building against noncitizen voting.
  Press release  8/13/22 
.      Yesterday afternoon August 12, Superior Court Judge Richard B. Ulmer, Jr., denied the City of San Francisco’s ex-parte Motion for a Stay Pending Appeal of his previous Order of July 29, which found that the City’s Ordinance allowing noncitizens to vote in school board elections “is contrary to the California Constitution and state statutes and cannot stand.”  A permanent injunction to stop San Francisco from processing noncitizen voting now continues to stand.  In denying the City’s Motion in a new Order, Judge Ulmer wrote yesterday that San Francisco’s noncitizen voting law “violates unequivocal provisions of the California Constitution and state statute; this is not a difficult or close question.”

     The successful challenge to the San Francisco noncitizen voting law was brought by Plaintiff James V. Lacy and affiliated organizations, namely the United States Justice Foundation and the California Public Policy Foundation, and San Francisco voter Michael Denny.

     As a result of the Lacy lawsuit, another city in California has now dropped efforts to adopt noncitizen voting.  The City of Santa Ana, one of the largest cities in Orange County, had been on track to adopt a ballot measure to enable it this November, but the Judge’s decision in Lacy vs. San Francisco was a decisive factor in the City Council “shelving” its plans.  “It would be a legal nightmare for the city,” Councilmember David Peñaloza told LAist. “It would definitely be challenged.”  

     Lacy said “we are buoyed by our successes in San Francisco in reestablishing election integrity there, and will build on these great outcomes to assure citizens’ votes are not further illegally diluted by misguided government policies in future.  We sense the momentum now in California is against allowing for noncitizen voting.” 

     Copies of the “Order Denying Motion for Stay” are available by emailing James Lacy at [email protected] or through the Superior Court of San Francisco.
 
About James V. Lacy

-Author of Politico Bestseller “Taxifornia”, www.amazon.com/author/james.lacy
-Co-Host, KABC 790AM’s “Live in Taxifornia”, KABC.com
-Managing Partner, Wewer & Lacy Law Firm, www.wewerlacy.com
-Owner, Landslide Communications, www.landslidecommunications.com
-Publisher, California Political Review, www.capoliticalreview.com
-President, United States Justice Foundation, www.usjf.net