Maryland county argues for school board seat exclusively for illegal immigrants to vote on

"So, if Maryland decided, or the school board decided that undocumented aliens aren’t adequately represented, constitutionally could a board member be selected by undocumented aliens in town?"


Officials from Howard County, Maryland, have said they would be able to create a school board seat that only illegal immigrants could vote for under the 14th Amendment.  

According to a Washington Times report, the county made the assertion in December while arguing before a federal court and defending a current practice of having a school board seat set aside for a student that only public school students can vote for.  

Residents in the county have argued against the rule allowing only public students to vote on the seat, saying that it would not be constitutional under the 14th Amendment as the general electorate in the county as well as students in private secular and religious schools cannot participate.  

The process for the public student vote for the school board gets murkier legally because Howard County officials argued that the selection of a student is more of an appointment instead of a vote. This is due to the fact that the school narrows down the eligible candidates the students can vote in.  

Some residents have challenged the county legally and the case has gone through lower courts which decided in favor of the country. The case has now gone before the 4th Circuit Court of Appeals.  

Judge A. Mavin Quattlebaum Jr., while questioning Howard County Attorney Amy Marshak about the case, asked her about the county's reasoning. 

"So, if Maryland decided, or the school board decided that undocumented aliens aren’t adequately represented, constitutionally could a board member be selected by undocumented aliens in town?" 

Marshak responded saying that it would not go against the 14th Amendment.  

"I think it would not violate the one-person, one-vote principle of the Equal Protection Clause," Marshak said, according to the Washington Times.  

Some cities in Maryland allow illegal immigrants to vote in their elections, however, the proposed argument reportedly given by Marshak would allow a school board member to be voted in only by illegal immigrants.

The two other judges on the court did not seem to approve of Howard County's argument for the case in their reported comments. The sides are now waiting for a ruling on the case about allowing a board seat appointed by only the student votes.  

J. Christian Adam of the Public Interest Legal Foundation helping the plaintiff residents in the case, told the Washington Times the county attorney's argument could allow a faction of the community, which believes gun rights are not represented in the school, to designate a school board seat for National Rifle Association members.  

“There’s no limiting principle here and it’s dangerous because it gives out favors to preferred political factions,” Adams said. 

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