SAN JOSE, Calif. — San Jose is considering whether to allow noncitizens to vote in local elections, but the controversial proposal could be in legal jeopardy before it even makes its way to the ballot box.
The idea was proposed earlier this year by council members Magdalena Carrasco and Sylvia Arenas as a way to give a voice to residents who play a critical role in the community but are unable to participate in the democratic process and select their representatives. The move could affect noncitizens such as undocumented immigrants and legal noncitizens who are green card holders or have the right to study or work in the U.S.
More than a dozen cities in the U.S. currently allow noncitizen voting in local elections — most of them in Maryland. But locally, the concept is facing legal challenges.