Kara Sears
California has not passed a law that allows non-citizens to vote in federal elections. However, as of May 2025, certain municipalities in California, including San Francisco and Oakland, allow non-citizens to vote in some or all local elections. This has sparked fears that California has effectively allowed undocumented residents to vote, due to the combination of laws that allow undocumented residents to obtain driver's licenses and automatically register citizens to vote when they obtain or renew their licenses.
| Characteristics | Values |
|---|---|
| Law | 1994 California Proposition 187 |
| Other Names | Save Our State (SOS) initiative |
| Purpose | To establish a state-run citizenship screening system and prohibit illegal immigrants from using non-emergency health care, public education, and other services in the State of California |
| Passed by Voters | Yes |
| Voter Demographics | 63% non-Hispanic white voters, 23% Latino voters, 78% Republicans, 62% independents, 64% Democrats opposed |
| Passed by Margin | 59% to 41% |
| Date Passed | November 8, 1994 |
| Legal Status | Found unconstitutional by a federal district court on November 11, 1994 |
| New Motor Voter Act | Passed in October 2015, automatically registers citizens to vote when they obtain or renew their driver's licenses |
| AB 60 | Law that allows undocumented residents to obtain driver's licenses |
| Municipalities Allowing Noncitizen Voting | San Francisco, Oakland, Santa Ana |
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What You'll Learn
- California has not passed a law allowing non-citizens to vote in federal elections
- California's New Motor Voter Act automatically registers citizens to vote when they obtain a driver's license
- Undocumented residents can obtain driver's licenses, but this does not give them the right to vote
- San Francisco passed Proposition N in 2016, allowing non-citizens to vote in school board elections
- Santa Ana voters rejected Measure DD, which would have allowed non-citizens to vote in local elections
California has not passed a law allowing non-citizens to vote in federal elections
In 2016, voters in San Francisco passed Proposition N, a charter amendment giving non-citizens the right to vote in the city's school board elections. In 2022, voters in Oakland approved a similar charter amendment, allowing non-citizen residents who are parents or legal guardians of a child to vote for the Oakland School Board Director. However, as of May 2025, the law had not been implemented.
In 2024, Santa Ana voters rejected Measure DD, which would have allowed non-citizens to vote in local elections. The measure faced opposition from local officials and conservative groups, who claimed it would be costly and infringe on citizens' rights. The rejection of Measure DD reflected the growing anti-immigrant sentiment in the country, with groups like the Policy Issues Institute spreading fears of rampant voter fraud by non-citizens.
While California has not passed a law explicitly allowing non-citizens to vote in federal elections, it is important to note that the state has taken steps to increase voter turnout and grant driver's licenses to undocumented residents. The potential impact of these laws on voter rolls and election integrity has been a subject of debate and concern for critics and lawmakers.
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California's New Motor Voter Act automatically registers citizens to vote when they obtain a driver's license
California has not implemented a law that allows non-citizens to vote in federal elections. However, the state's New Motor Voter Act, passed in October 2015, has sparked fears that undocumented residents are being allowed to vote.
The New Motor Voter Act automatically registers eligible voters when they obtain or renew their driver's licenses. This is in combination with Assembly Bill 60 (AB60), which came into effect in January 2015, allowing undocumented residents to obtain driver's licenses. Governor Jerry Brown, a Democrat, signed the bill into law in October 2013, providing legal documentation to California's 2.5 million undocumented immigrants, most of whom are from Latin America, particularly Mexico.
The combination of these two acts has led to concerns that undocumented residents are being registered to vote. Judge Andrew Napolitano expressed these fears on "Fox & Friends", stating that "if you are an illegal alien in California, get a driver's license, register to vote, you can vote in local, state, and federal elections in California and those votes count."
However, California officials have stated that the program does not grant license holders any additional federal benefits, including the right to vote. Potential voters must demonstrate proof of age, usually with a birth certificate or passport, which also reflects citizenship. The New Motor Voter Act was passed to improve voter turnout, and only applies to citizens who have already attested or documented their eligibility to vote.
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Undocumented residents can obtain driver's licenses, but this does not give them the right to vote
In California, undocumented residents can obtain driver's licenses, but this does not give them the right to vote. The Safe and Responsible Drivers Act, or AB 60, was passed in 2013 and took effect in 2015. This law allows undocumented residents to obtain a driver's license, but it does not grant them any additional federal benefits, including the right to vote.
The New Motor Voter Act, passed in 2015, automatically registers citizens to vote when they obtain or renew their driver's licenses. However, this only applies to citizens who have already attested and/or documented their eligibility to vote. The purpose of this law is to increase voter turnout, but it has sparked fears that undocumented residents may be able to vote if they obtain a driver's license.
Undocumented immigrants in California can obtain a driver's license by providing proof of identity and residency in the state. They must also swear that they are ineligible for a Social Security Number (SSN) and unable to submit proof of legal presence in the United States. These licenses may not be used for identification purposes, and by law, no one may discriminate against the holder of an AB-60 license based on their citizenship or immigration status.
While supporters of these laws argue that they help immigrants and boost the state's economy, critics argue that they have drawbacks and risks. Some worry that law enforcement and immigration officials can access the information, while others fear that it could add millions of illegal voters to the rolls. However, it is important to note that obtaining a driver's license does not change an individual's immigration status or provide legal residency status, and it does not give anyone the right to vote.
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San Francisco passed Proposition N in 2016, allowing non-citizens to vote in school board elections
California has not implemented a law that allows non-citizens to vote in federal elections. However, in 2016, San Francisco voters passed Proposition N, a charter amendment that allows non-citizens to vote in the city's school board elections. This proposition received 54% support and was based on the idea that "all parents, regardless of citizenship, will have the opportunity to become an integral part of their child's education through the voting process". It is estimated that at least one out of three children in San Francisco public schools has an immigrant parent, and Proposition N aimed to give these parents a say in their child's education.
Proposition N is an example of how some municipalities in California, such as Oakland and Santa Ana, have allowed non-citizens to vote in specific local elections. For instance, in 2022, Oakland voters approved a charter amendment that allowed non-citizen residents who are parents or legal guardians of children to vote for the Oakland School Board Director. Santa Ana also proposed Measure DD, which would have allowed non-citizen voting for city council positions, but it was rejected by 60% of voters.
The passage of Proposition N in San Francisco and similar measures in other municipalities has sparked debate and legal challenges. Opponents argue that these measures violate the California Elections Code and could lead to voter fraud. On the other hand, supporters believe that they promote inclusivity and give immigrant parents a voice in their children's education.
It is important to note that California has passed laws that allow undocumented residents to obtain driver's licenses and automatically register citizens to vote when obtaining or renewing their licenses. However, these laws do not provide non-citizens with the right to vote in federal elections, and citizens must still provide proof of eligibility and citizenship when registering.
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Santa Ana voters rejected Measure DD, which would have allowed non-citizens to vote in local elections
California has not implemented a law authorizing non-citizens to vote in federal elections. However, in 2013, Governor Jerry Brown, a Democrat, signed a law (AB60) that gave undocumented immigrants the right to obtain driver's licenses. This, in combination with the New Motor Voter Act, which automatically registers citizens to vote when they obtain or renew their driver's licenses, sparked fears that California was allowing undocumented residents to vote. However, this is not the case, as potential voters still have to demonstrate proof of age and citizenship.
In November 2024, Santa Ana voters rejected Measure DD, which would have allowed non-US citizens to vote in local municipal elections, including city council and mayoral races. Santa Ana was asking voters to decide whether non-US citizens should be allowed to cast ballots in local elections. A "yes" vote would have meant allowing non-citizen residents to vote, while a "no" vote meant not allowing them to vote. With over half of the returned ballots counted, 62% of voters rejected the measure, which required a simple majority to pass. If the measure had passed, Santa Ana would have become the first city in California to allow non-US citizens to vote in its municipal elections.
Supporters of Measure DD argued that non-US citizens in the city contribute to the local economy through taxes and work, and that they raise children in the city and should therefore have a say in how it is run. Opponents of the measure, including Mayor Valerie Amezcua, argued that the city would have to pay for costly changes to how elections are run, potentially taking money away from first responder budgets and city services.
The vote against Measure DD may reflect a shift in attitudes about immigration, with some experts suggesting that Latino voters are becoming more conservative on the issue. It may also reflect how naturalized voters view citizenship, which can be a lengthy and expensive process.
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Frequently asked questions
No, California has not implemented a law authorizing non-citizens to vote in federal elections.
The New Motor Voter Act was passed in California in October 2015. It automatically registers citizens to vote when they obtain or renew their driver's licenses.
Yes, in 2015, 605,000 undocumented immigrants in California were granted driver's licenses.
In 2016, voters in San Francisco passed Proposition N, giving noncitizens the right to vote in the city's school board elections. In 2022, voters in Oakland approved a similar charter amendment.
