Oakland, California, Measure S, Noncitizen Residents Voting Measure (November 2022)

Oakland Measure S
Election date November 8, 2022
Topic Local charter amendments and Local elections and campaigns
Status Approved
Type Referral

Oakland Measure S was on the ballot as a referral in Oakland on November 8, 2022. It was approved.

A “yes” vote supported allowing noncitizen residents who are parents, legal guardians, or legal caregivers of a public school student to vote for school board directors.

A “no” vote opposed allowing noncitizen residents who are parents, legal guardians, or legal caregivers of a public school student to vote for school board directors.

A simple majority was required for the approval of Measure S.

Election results

Oakland Measure S
Result		Votes	Percentage
Yes		83,637	66.58%
No		41,985	33.42%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Measure S was as follows:

“

Shall the measure to amend the City Charter to allow the City Council by adopting an ordinance, to authorize voting by noncitizen residents, who are the parents, legal guardians, or legally recognized caregivers of a child, for the Office of Oakland School Board Director if they are otherwise eligible to vote under state and local law be adopted?

”

Support

Arguments

• Oakland City Councilmember Dan Kalb: "Noncitizen parents are already doing the hard work to try to ensure that their children each get a good education. Many are already volunteering at their children’s schools. But what we’re hearing overwhelmingly is that these parents often don’t feel heard."
• Chief of Staff for The Unity Council Karely Ordaz: “This ballot initiative is what equity-in-practice looks like and we’re proud that the City of Oakland is taking steps to untangle the racist American voting system designed to silence the voices of marginalized people. Because over 27% of California’s population is comprised of immigrants, the time to give them a voice is now.”
• Oakland City Councilmember Treva Reid: "This Noncitizen Voting Measure will ensure families—including many immigrants and refugees from Africa, Asia, and South America—with over 17,000 students are seen and heard at the voting polls to improve academic outcomes for all students within Oakland Unified School District (OUSD)."
• Black Lives Voter Guide: "Non-citizen residents of Oakland who have children in Oakland schools and who pay taxes should certainly be able to vote about who represents their children. This allows representation from all stakeholders in OUSD. We need our entire community invested in the well-being of our young people."

Opposition

Arguments

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing body of Oakland.

How to cast a vote

See also: Voting in California

See below to learn more about current voter registration rules, identification requirements, and poll times in California.

How to vote in California

Poll times

All polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in California, an individual must be a U.S. citizen and California resident. A voter must be at least 18 years of age on Election Day. Pre-registration is available at 16 years of age. Pre-registered voters are automatically registered to vote when they turn 18.

Automatic registration

California automatically registers eligible individuals to vote when they complete a driver's license, identification (ID) card, or change of address transaction through the Department of Motor Vehicles. Learn more by visiting this website.

Online registration

See also: Online voter registration

California has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

California allows same-day voter registration.

Californians must be registered to vote at least 15 days before Election Day. If the registration deadline has passed for an upcoming election, voters may visit a location designated by their county elections official during the 14 days prior to, and including Election Day to conditionally register to vote and vote a provisional ballot, which are counted once county election officials have completed the voter registration verification process. The state refers to this process as Same Day Voter Registration.

Residency requirements

To register to vote in California, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

California's constitution requires that voters be U.S. citizens. When registering to vote, proof of citizenship is not required. Individuals who become U.S. citizens less than 15 days before an election must bring proof of citizenship to their county elections office to register to vote in that election. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

As of November 2024, two jurisdictions in California had authorized noncitizen residents to vote for local board of education positions through local ballot measures. Only one of those jurisdictions, San Francisco, had implemented that law. Noncitizens voting for board of education positions must register to vote using a separate application from the state voter registration application.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The secretary of state's My Voter Status website allows residents to check their voter registration status online.

Voter ID requirements

California does not require voters to present identification before casting a ballot in most cases. However, some voters may be asked to show a form of identification when voting if they are voting for the first time after registering to vote by mail and did not provide a driver license number, California identification number, or the last four digits of their social security number. On September 29, 2024, Gov. Gavin Newsom (D) signed SB 1174 into law prohibiting any jurisdiction in the state from adopting a local law that requires voters to present ID before voting.

The following list of accepted ID was current as of October 2024. Click here for the California Secretary of State page to ensure you have the most current information.

“

Current and valid photo identification provided by a third party in the ordinary course of business that includes the name and photograph of the individual presenting it. Examples of photo identification include, but are not limited to, the following documents: driver's license or identification card of any state; passport; employee identification card; identification card provided by a commercial establishment; credit or debit card; military identification card; student identification card; health club identification card; insurance plan identification card; or public housing identification card. Any of the following documents, provided that the document includes the name and address of the individual presenting it, and is dated since the date of the last general election…: utility bill; bank statement; government check; government paycheck; document issued by a governmental agency; sample ballot or other official elections document issued by a governmental, agency dated for the election in which the individual is providing it as proof, of residency or identity; voter notification card issued by a governmental agency; public housing identification card issued by a governmental agency; lease or rental statement or agreement issued by a governmental agency; student identification card issued by a governmental agency; tuition statement or bill issued by a governmental agency; insurance plan card or drug discount card issued by a governmental agency; discharge certificates, pardons, or other official documents issued to the individual by a governmental agency in connection with the resolution of a criminal case, indictment, sentence, or other matter; public transportation authority senior citizen and disabled discount cards issued by a governmental agency; identification documents issued by governmental disability agencies; identification documents issued by government homeless shelters and other government temporary or transitional facilities; drug prescription issued by a government doctor or other governmental health care provider; (R) property tax statement issued by a governmental agency; vehicle registration issued by a governmental agency; or vehicle certificate of ownership issued by a governmental agency.

”

See also

Local measures

• Local measures in 2022
• Local elections and campaigns on the ballot
• Local charter amendments on the ballot
• Alameda County measures

California

• California 2022 local measures
• Local ballot measures, California
• Oakland, California

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

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