Lacy: Lawsuit filed today to throw Oakland’s noncitizen voting measure off November ballot.

Last week it was announced that a lawsuit by Orange County attorney James Lacy was successful in stopping non citizens from voting in San Fran.  Now the city government of Oakland has decided they want non citizens to vote in local elections.  So on the November ballot is a measure to allow illegal aliens and criminals from foreign countries vote.  Remember, the school district has 72% of the black students can not read at grade level.

“A lawsuit was filed this afternoon in Superior Court in Alameda County against the City of Oakland and the County Registrar of Voters seeking a Court Order to remove from the November ballot a measure that if approved, would allow for the counting of noncitizen votes in Oakland school board elections.   The lawsuit alleges that Oakland City Council Resolution 89281, which places a charter amendment on the ballot that if approved would allow for noncitizens to vote in school board elections, is illegal and contrary to the California Constitution’s requirement that only citizens may vote in California elections.  

Glad we have attorneys like Jim Lacy willing to use the courts to stop the abuse of the electoral process.

Lawsuit filed today to throw Oakland’s noncitizen voting measure off November ballot.

Cites recent judicial decisions in San Francisco and New York City finding noncitizen voting unconstitutional.


 James Lacy, Press Release,  8/16/22        A lawsuit was filed this afternoon in Superior Court in Alameda County against the City of Oakland and the County Registrar of Voters seeking a Court Order to remove from the November ballot a measure that if approved, would allow for the counting of noncitizen votes in Oakland school board elections.   The lawsuit alleges that Oakland City Council Resolution 89281, which places a charter amendment on the ballot that if approved would allow for noncitizens to vote in school board elections, is illegal and contrary to the California Constitution’s requirement that only citizens may vote in California elections.  A copy of the lawsuit is available for download at https://static1.squarespace.com/static/5b92b07db98a7889c286824f/t/62fc11d9e6cb751deed6b487/1660686810451/Complaint.pdf.

     James V. Lacy, the lead plaintiff in the lawsuit, said the lawsuit is necessary because “Oakland’s ballot measure violates the fundamental rule that in an election, only citizens vote, and if noncitizens are allowed to vote, the voting rights of all citizens are unconstitutionally deprived, diluted and devalued.”   Other plaintiffs in the case include two nonprofit organizations of which Lacy is an officer: the California Public Policy Foundation and the United States Justice Foundation; and Oakland voter Jim Eyer. .      On July 29, San Francisco Superior Court Judge Richard B. Ulmer, Jr., issued an Order which found that a similar Ordinance of the City of San Francisco 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 is now in place.  An effort to stay that Order pending appeal was denied by Judge Ulmer on August 12.  In denying the City’s Motion to stay, Judge Ulmer wrote 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 also brought by Plaintiff James V. Lacy and affiliated organizations, and San Francisco voter Michael Denny.

     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 sense the momentum now in California is against allowing for noncitizen voting.” 
 
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