A voting sign in a D.C. polling place.

Martin Austermuhle / DCist/WAMU

A D.C. Council committee unanimously approved a bill to allow non-citizens to vote in local elections on Tuesday, with an amendment clarifying this would include undocumented residents in addition to those with legal permanent residency, along with two other potentially significant bills.

In the same session, the Committee on the Judiciary and Public Safety approved a measure to make voting by mail a permanent feature of D.C. elections. The committee also passed a bill to prohibit race, sexual orientation, gender identity, or other such characteristics from being considered when calculating damages in personal injury or wrongful death cases.

The personal damages bill was spurred by the 2018 death of Stormiyah Denson-Jackson, a 12-year-old who died by suicide at a D.C. boarding school. Denson-Jackson’s family and advocates said that generations of systemic racism can mean that Black people are considered to be worth less when insurance companies calculate possible payouts in wrongful death lawsuits or medical malpractice cases. In 2019, California became the first state to bar consideration of race and other characteristics when these payouts are calculated.

The “Local Resident Voting Rights Amendment Act of 2022” would put D.C. alongside a small number of jurisdictions — including a number of towns in Maryland like Hyattsville, Takoma Park, and Riverdale Park — that allow non-citizen legal permanent residents, also known as Green Card-holders, to vote in local elections. Advocates say that those residents pay taxes and are impacted by local policies and thus should have a say in them.

D.C. has a large immigrant community, making this bill potentially impactful. One in seven residents is an immigrant, according to the American Immigration Council. A separate survey found 28% of the immigrant population 4 percent of total population in 2016 are undocumented.

Opponents counter that voting should be limited to those who have become full citizens. Over the summer, 30 Republicans signed onto a House bill that would ban D.C. from allowing non-citizens to vote in local elections. There have been other legal obstacles to non-citizen voting: in June, a court struck down New York City’s new law that allowed legal permanent residents to cast ballots in local elections, saying it conflicted with the state constitution.

The D.C. bill has been floating around the council for at least a decade, but this is the first time it will proceed to a vote before the full legislative body. Ward 6 Councilmember Charles Allen said the change to extend voting privileges to undocumented immigrants was largely based on public testimony in support of the addition. In a report accompanying the bill, the Committee on the Judiciary and Public Safety wrote:

“We should be welcoming new voices and making voting more accessible to those who are not traditionally represented — not restricting voting to those who have already held power. The committee believes that expanding the right to vote in our local elections to all non-citizen residents of the District makes a strong statement in support of these D.C. values. Allowing our non-citizen neighbors, many of whom have lived and worked in the District for decades, to participate in our elections can only strengthen our democracy and our communities.”

Before the vote, Allen further explained the committee’s rationale: D.C. understands the effects of disenfranchisement, given that its residents do not have full voting representation in Congress. He also credited groups like DC Latino Caucus and Sanctuary DMV for organizing around this issue, as well as the 50 people who testified in favor of the bill. Advocates paid lawmakers a visit this morning in an effort to secure votes for when it goes to the full Council.

“Everyone’s voice matters, regardless of the color of their skin, gender, income, age, and soon immigration status,” Kush Kharod tells DCist/WAMU, adding that he was speaking on behalf of a group of organizers who have been advocating for the bill’s passage. “Non-citizens are often the same people who face the brunt of our housing, transportation, public safety, and climate crisis so this bill goes a long way to repair those harms and finally empower communities that deserve political power in our city.”