A Maryland county claims under the 14th Amendment of the US Constitution, it can create a school board seat that only illegal immigrants can vote for, according to reports.
The Washington Times reported that Howard County officials appeared before a federal appeals court last month and defended its current process of having a school board seat occupied by a student, where the only public school students are allowed to vote.
Some Howard County residents are challenging the practice on the grounds of unconstitutionality of voting discrimination, particularly against the county’s general electorate and students at religious schools who cannot vote for student seats.
A lawyer for the challengers, Michael Smith, told the publication that it was a “zero-sum game.” He explained that giving students the power to choose one of the eight school board members takes away the power of the general election.
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The US Constitution has been ratified by nine of the 13 states, making it binding. (iStock)
“You have 12.5% of that board’s voting authority removed from registered voters,” Smith said.
Eight counties in Maryland have a student serving on their board of education. In Howard County, officials argue that a student’s choice is more of an appointment because, despite students voting for their chosen student candidate, the board and school officials narrow to the candidates.
A county attorney, Amy Marshak, explained to the publication that the election is not just a popularity contest.
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The voting battle for a school board seat occupied by a student is over. (AP Photo/Rogelio V. Solis)
“While students are voting, they are doing so as part of a limited process,” he said.
The case has gone through several courts at this point.
A lower court sided with the county and ruled that the process violated the religious rights of the First Amendment and the 14th Amendment’s Equal Protection Clause of students who could not vote.
The 4th US Circuit Court of Appeals, however, questioned the decision, asking if a vote is not taken, is it really an appointive process?
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The student-held seat has no voting power on budget or personnel matters. (AP Photo/Keith Srakocic, File)
The appeals court also argued that if it was not an appointment, but an election, the process would interfere with voting rights guaranteed by the 14th Amendment.
“You have an additional seat that is not subject to the rule of one person, one vote,” Chief Judge Albert Diaz reportedly said. “That’s a problem.”
The student-held seat does not have the power to vote on budget or personnel matters, although the plaintiffs in the case say that one member of the student board was able to vote on the decision to close the school longer because in the pandemic.
The appeals court decision reportedly ruled that the constitution does not guarantee the right to vote for a school board, adding that if a student is nominated, the matter is closed.
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Once the process is deemed an election, however, it is up to the county to prove restrictions on who is allowed to vote.
Judge A. Mavin Quattlebaum Jr. asked. what other populations may be eligible to have a school board member designated for them, particularly immigrants in the country illegally.
“So, if Maryland decides, or the school board decides that undocumented aliens are not adequately represented, constitutionally the town can elect an undocumented alien board member,” Quattlebaum asked.
Marshak says it doesn’t violate the 14th Amendment.
“I think it would not violate the one-person, one-vote principle of the Equal Protection Clause,” she reportedly said, although she questioned if additional parts of the law could come into play.
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Maryland allows immigrants, even those in the country illegally, to vote in local elections if communities allow them to do so. However, at this time, there are no elections specifically reserved for them.
No decision has been made, and both sides are waiting for an appeals court to rule on the matter.
