BOSTON – The Boston Herald published a piece in its news section by Lance Reynolds on Wednesday, Oct. 16, which presents false information about a citizen petition heard and rejected by the Worcester City Council on Tuesday.
The original headline, “Worcester City Council rejects petition that elected officials be U.S. citizens,” is false. To qualify to run for elected office in Worcester, candidates must be registered to vote in the city for at least one year before election day. Only citizens are eligible to register to vote in any state in the United States.
On Friday, the Herald changed its headline to “Worcester City Council rejects petition that local candidates provide proof of citizenship.”
The text of the resolution presented to the city council on its agenda read:
“request City Council request City Manager request City Solicitor draft documentation required to amend the City Charter to require candidates beginning with the Municipal Election in 2025 to be a citizen of the United States of America to be eligible to hold elected office in the city. Further, request said amendment include language requiring any candidate not born in or within the jurisdiction of the United States, but has become a naturalized citizen by the time signature papers are due for that year’s election, submit naturalization papers or other legal documents as proof of citizenship to the City Clerk’s Office and any other necessary office or department relative thereto. Failure to submit such authenticated documents shall make the candidate ineligible for local elected office in the city.”
None of the several residents and city councilors who spoke about the resolution on Tuesday took issue with its statement to require candidates to be American citizens, as that is already a requirement. Speakers most frequently objected to the language creating different standards for naturalized citizens, which are immigrants awarded American citizenship, and natural-born citizens, those born in the United States.
Creating different classes of citizens is unconstitutional. In 1868, the 14th Amendment to the U.S. Constitution was ratified. Section one of the amendment says:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The amendment destroyed the legal justification for slavery in the United States, which classified slaves as citizens, but limited their rights.
Some discussion occurred during the city council meeting about on the reasoning for allowing what many saw as a petition for an unconstitutional amendment to the city charter. City Solicitor Mike Traynor, who makes the legal determination on the propriety of city council agenda items, told the city council he did not find the petition unconstitutional on its face. He said he found it the purview of the city council to decide on the petition for a charter change.
A report requested by city council on citizen petitions rejected released earlier this year showed petitions rejected in the past included those who sought council to act on issues outside of its jurisdiction.
Had the petition passed, the city council would then have to approve an amendment to the city charter, the foundational document of city government similar to a constitution. The state legislature must also approve any city or town charter change to be enacted.
This Week in Worcester spoke to three local attorneys about the petition language. Each spoke on condition of anonymity to avoid involvement in city politics.
All three reached the similar conclusion that the language would never survive judicial review, but would likely never get that far, as they saw no chance the state legislature would approve these requirements for a charter amendment.
A petition that would have required candidates running for elected office in Worcester to be U.S. citizens has been rejected, with city councilors slamming the Republican City Committee for its “cowardice.” https://t.co/XPGMVx9q8F
— Boston Herald (@bostonherald) October 17, 2024
Hey @bostonherald, you need to correct this from reporter @LanceRReynolds_
This is not what the petition was—one must already be a citizen to be elected—and it is incorrect in both the headline and the first paragraph.
Get it fixed. This is beyond irresponsible. pic.twitter.com/JvBjb2byMZ— Tracy O’Connell Novick (@TracyNovick) October 18, 2024
