According to reports, a Maryland county claims the 14th Amendment allows it to create school board seats where only illegal immigrants can vote.
The Washington Times reported that Howard County officials appeared in a federal appeals court last month to defend the current process of allowing students to occupy school board seats, where only public school students can vote.
Some Howard County residents have objected to the practice, calling it unconstitutional discrimination in voting, especially against students at religious schools who cannot vote for county general electors or student seats.
Michael Smith, a lawyer for the challengers, told the magazine that this is a “zero-sum game.” He explained that giving students the power to choose one of the eight school board members would take away the power of popular elections.
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The U.S. Constitution has been ratified by nine of the 13 states and is binding. (St. Petersburg)
“You have 12.5 percent of the board’s voting power excluded from registered voters,” Smith said.
Eight counties in Maryland have students who serve on their respective school boards. In Howard County, even though students are voting for their preferred student candidates, officials say student selection is like an appointment because the school board and school officials narrow down the candidates. claims.
County Attorney Amy Marshak explained to the magazine that the election is more than just a popularity contest.
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The battle over votes for student-held school board seats continues. (AP Photo/Rogelio V. Solis)
“Students vote, but they do so as part of a very limited process,” she said.
The lawsuit is currently going through multiple courts.
A lower court sided with the county, ruling that the process violated the First Amendment religious rights and the Fourteenth Amendment Equal Protection Clause for the students who were barred from voting.
But the U.S. Court of Appeals for the Fourth Circuit questioned that decision, asking whether the lack of a vote was really an appointment process.
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Student-held seats do not have voting rights on budget or personnel matters. (AP Photo/Keith Slakočić, File)
The appellate court also argued that the process is complicated by the right to vote guaranteed by the Fourteenth Amendment if the election is an election rather than an appointment.
Chief Justice Albert Diaz reportedly said, “You have won an additional seat that is not subject to the one-man, one-vote rule.” “That’s a problem.”
Although the student-held seat does not have the power to vote on budget or personnel matters, plaintiffs in the lawsuit claim student board members could vote on decisions to extend school closures due to the pandemic. are doing.
The appeals court ruled that the Constitution does not guarantee the right to vote on school boards, adding that the matter ends once the students are appointed.
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However, if this process is considered an election, it will be up to the county to prove the restrictions on who can vote.
Judge A. Maybin Quattlebaum Jr. questioned what other people, especially immigrants who are in the country illegally, are eligible to serve on the school board.
“So, if the state of Maryland determines that it does not adequately represent illegal aliens, or if the school board determines that it does not adequately represent illegal aliens, then constitutionally speaking, “Is it possible for the board of education to be elected by foreign residents?” Quattlebaum asked.
Marshak said it does not violate the 14th Amendment.
He reportedly said, “I don’t think it violates the one-person-one-vote principle of the Equal Protection Clause,” but expressed doubts about the possibility that additional parts of the law would apply.
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Maryland allows immigrants, even illegal immigrants, to vote in local elections if the community approves. But for now, there are no elections specifically designed for them.
No decision has been made yet, and both sides are waiting for the Court of Appeals to rule on the issue.
