SAN FRANCISCO (BCN) — Non-citizen residents of San Francisco will be able to vote in this November’s school board elections after a state Court of Appeal ruling this week paused a previous judge’s ruling.

Proposition N was passed by San Francisco voters in 2016 and allows residents of the city who are not U.S. citizens to vote in local school board elections. The law was challenged in March of this year and a San Francisco Superior Court judge ruled in July that the law was unconstitutional and issued an injunction against participation in future elections, according to a statement released by San Francisco City Attorney David Chiu, who fought the judge’s decision.

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The Court of Appeal has yet to rule on the legality of the program, but the court issued a stay on the injunction. That will allow voters to participate in November, as the case will not be heard until after the election.

“All parents should have a say in the direction of their children’s education, regardless of citizenship,” San Francisco City Attorney David Chiu said in a statement. “We have said time and time again that noncitizen voting is not only legal but beneficial to all of our communities. I am grateful the Court of Appeal has ensured this crucial program will remain in place for the November 2022 election.”

Oakland voters in November will decide whether to approve a similar measure to allow non-citizens to vote in school board elections after a last-minute challenge to placing the measure on the ballot was rejected by an Alameda County Superior Court judge this week, according to Oakland City Attorney Barbara Parker.

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