A council majority decided to leave ballot language as written for a measure that could extend voting to noncitizens in Santa Ana, despite orders from an OC Superior Court judge to make changes.
Last fall, a majority of the Santa Ana City Council approved asking local voters in the upcoming November election whether noncitizens should be allowed to vote in city elections.
The ballot measure is set to ask voters: “Shall the city of Santa Ana city charter be amended to allow, by the November 2028 general municipal election, noncitizen city residents, including those who are taxpayers and parents, to vote in all city of Santa Ana municipal elections?”
In a lawsuit filed last month with the county’s Superior Court, James V. Lacy, a local attorney, along with the United States Justice Foundation, the California Public Policy Foundation and Pasquale Talarico, a Santa Ana resident, argued the wording “including those who are taxpayers and parents” could be misleading to voters.
Orange County Superior Court Judge Kimberly A. Knill agreed earlier this month and ordered Santa Ana City Clerk Jennifer Hall and OC Registrar of Voters Bob Page to make the changes sought or make their case in court.
“The language, I find to be unbiased. It is simply describing who noncitizens are. Noncitizens pay over $145 million in taxes in Orange County today,” Councilmember Johnathan Hernandez said during Tuesday night’s City Council meeting. “Orange County wouldn’t be the county that it is without noncitizens.”
Councilmember David Penaloza said when this measure was first approved, city staff brought forward “neutral, adequate” ballot language, but that it was replaced by “disingenuous” language to “persuade and influence” voters.
“But the City Council, in the open City Council meeting, pulled language out of the air, I don’t know why but they did, that included the term ‘parents,’” Penaloza, who was in the minority in support of making the change, said. “This is simply being done so when somebody goes to the ballot box, they read, ‘Oh yeah, of course parents and taxpayers can vote.’”
Councilmember Thai Viet Phan said noncitizen voting is an important issue worth fighting for.
“We get challenges up here on the dais all the time for different policy issues,” Phan said. “At the end of the day, while this City Council has continued to elevate and consider issues that affect our noncitizen residents, not every council is going to do so. Not everyone who sits on this dais is going to care unless they can get a vote from you.”
Mayor Valerie Amezcua asked city staff to bring back to the City Council updates on how much it will cost to fight the lawsuit.
