A New York City law that allows non-citizens to vote in local elections has been deemed unconstitutional in a recent state appeals court ruling. The decision marked a win for Republican elected officials. who challenged its legality.
Constitutional Challenge, Court's Decision
"We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void," read the Wednesday ruling from Paul Wooten, an Associate Justice of the Appellate Division of New York's Second Judicial Department.
Mayor Eric Adams' administration has been at the forefront in defending the law. A spokesperson didn't immediately respond when asked about City Hall's plan to appeal the subject decision before the Federal Supreme Court.
Law's Scope and Controversy
The 2022 law hasn't been enacted yet. It faced immediate legal challenges. It sought to allow green card holders and others in NYC with federal work authorization to vote, which includes voting for the mayor and City Council. It applies to around 800,000 new eligible voters in a city with 8.5 million people.
Championed by progressive Democrats. Supporters believed the "Our City, Our Vote" bill would enhance political representation. They thought it would make the city more inclusive for immigrants. Opponents, mostly Republicans, disagreed. They argued it could lead to voter fraud. Republicans accused Democrats of trying to bolster their numbers.
Plaintiff's Assertion
"I won baby, I won," Council Republican leader Joe Borelli said in an interview from Israel, where he is on a study tour with fellow New York lawmakers. "This was an easy case. All they had to do was read the state constitution and municipal law. The criticism falls on the proponents of the bill."
Staten Island's Role: Legal Environment
A Staten Island lower court judge struck it down months later. "This is why they picked the Staten Island jurisdiction for the lawsuit," election lawyer Sarah Steiner said in an interview, referring to the politically conservative leanings of the borough. "It was a more likely place to get the underlying decision."
Court's Ruling, Interpretation and Precedent
In a 3-1 ruling, the appellate court agreed that the clause in the state constitution that "every citizen shall be entitled to vote..." refers exclusively to United States citizens. The court ruled that a provision of the state Municipal Home Rule Law requires changes to elections to be passed by voter referendum rather than a local legislature.
The New York Immigration Coalition, which supports non-citizen voting, decried the ruling. "While we are still reviewing the decision and its impact on immigrant New Yorkers, the lawsuit remains another shameful attempt by xenophobic Republicans who would disenfranchise residents rather than promote a more inclusive and participatory democracy," NYIC Executive Director Murad Awawdeh said in a statement.
Non-Citizen Voting Initiatives
Non-citizen voting remains rare in the United States. However, there's a growing movement to legalize it. Washington, D.C., faced opposition from congressional Republicans but allowed non-citizens to vote. However, the city's law is facing legal challenges. In 2023, a San Francisco court upheld a law allowing certain non-citizens to vote in school board elections. Three Vermont cities, including Burlington, recently permitted legal residents to vote in local elections.
