At the January 9, 2024 Select Board meeting, Town Clerk Connor Degan addressed the Select Board during the Public Forum.
Degan appeared to be choosing his words carefully, but his message was clear. “I was disappointed to see that we’re talking about a major local election reform without any consultation with the election office,” he said.
Degan went on to say that there are many challenges to passing legislation that allows Permanent Residents to vote and that they would “dramatically effect how we run elections in Hopkinton.”
At issue is a proposed article for the Annual Town Meeting Warrant, which is being put forth by the Select Board, that would allow non-US citizens to vote in Hopkinton elections.
>> RELATED: Select Board Proposes Voting for Permanent Residents
A Permanent Resident, often referred to as a “green card holder,” is a foreign national who has been granted the right to live and work permanently in the United States. Permanent residency is an immigration status that allows individuals to reside in the U.S. on a long-term basis but does not grant them U.S. citizenship. Green card holders enjoy many of the same rights and privileges as U.S. citizens, such as the ability to work, attend school, and access most public services. As with US citizens, Permanent Residents are required to report their worldwide income to the IRS and file an annual tax return.
In an interview the next day, Degan called the Select Board’s actions “disrespectful to another duly elected office”.
Degan explained that the financial impact of this measure is currently unknown “We have no idea what it would cost. We receive the list of registered voters from the state. But immigration is a federal program, and as far as I know, there is no database available to my office of local green card holders. My office is also is responsible for printing ballots, management of voter lists and programming voting machines, and this legislation could potentially have a massive impact on those tasks.”
The Clerk’s office would likely be forced to maintain an entirely separate program to track green card holders. To date, Degan’s office has not been asked to provide an estimate to the town on the additional hours and manpower that would be required to achieve these tasks.
Over the past few years, several cities in Massachusetts, including Amherst, Brookline, Cambridge, Newton, Wayland, and Somerville, have taken steps to allow noncitizens with legal status to participate in local elections. On December 14, 2023, the Boston City Council passed a similar measure and sent it to the Mayor’s office for signature.
However, progress has been hindered by state regulations. Massachusetts requires towns to submit a home-rule petition for approval by state lawmakers and the governor, and thus far the legislature has chosen not to act on these petitions. If the measure passes at Town Meeting in May, it may be symbolic in nature only.
“Although the state has yet to act, it may do so in a future legislative session,” said Degan. “And it doesn’t cost them anything to grant a home rule petition. All the costs fall on to the town to implement it.”
Degan also noted that it is atypical for a town to pass voting legislation, which is typically adjudicated at the state level. “It’s arguable whether or not this is even constitutional,” he said.
Origin of this Initiative
The impetus for this Warrant Article appears to be a complaint from Legacy Farms resident Dhaval Avlani, who has lived in Hopkinton for 13 years on an H-1B visa. Avlani was profiled in the Hopkinton Independent in November, and claimed in the article that he estimated at least “1,000 people don’t have a voice”, because most are in the United States on an H-1B visa.
An H-1B visa is a non-immigrant visa used by the United States to employ foreign workers in occupations that require specialized expertise. Common fields for H-1B visa holders include information technology, engineering, mathematics, science, and medicine. The visa is designed for positions where there is a shortage of qualified American workers.
But an H-1B visa is a “right to work” visa and does not confer permanent residence. The article the Select Board is asking Town Meeting voters to contemplate would not address Mr. Avlani’s concern as he is not a permanent resident.
“We are reacting to a problem that isn’t perceived,” said Degan. “This hasn’t been something that’s been brought up consistently by a large group of our population who we’re here to represent.”
What other country allows non-citizens to vote at the local or national levels?
Does My Avlani’s home country allow non-citizens to vote?
Actually there are many countries around the globe, include Canada and many European countries that allow so, just for local elections. The principle is that resident taxpayers should have a say in how the local services are run, but not for state or federal elections, where only the desire to be long term citizenship should give the right to vote.
Editor, this item seems to be confusing permanent residents (green card) with H-1B visa holders. After five years in the USA, a permanent resident can apply to become a citizen. While an H-1B visa (a kind of temporary work visa) can be renewed every three years, the ability to stay in the USA ends when work is over. And there is no path to citizenship for H-1B visa holders.
Not that Hopkinton is not equipped to handle or deal with more than one issue at a time. I feel this needs to be addressed later the mass exodus of town employees and HPD issues need to be addressed first. The immigration of people to town is very important . A melting pot of the world is what has built this country. For those who don’t wish to become citizens should be welcome to work but not vote. A demographic could move to town vote then leave changing results with no intention of living here .
This why I’m leaving Hopkinton after living here 43 years.