New York City’s non-citizen voting laws are prohibited

A law allowing noncitizens to vote in local elections in New York City was overturned on Monday by a State Supreme Court judge in Staten Island, who argued that it that violates the State Constitution.

Measure, that is approved by the City Council in Decemberwould allow more than 800,000 lawful permanent residents and authorized persons to work in the United States to vote for offices such as mayor and City Council.

However, Justice Ralph J. Judge writes to give noncitizens the right to vote would require a referendum.

The law only applies to municipal elections and will not take effect until January of next year. The ruling will have no effect on Tuesday’s primaries in New York.

“The New York State Constitution explicitly states that citizens who meet the age and residency requirements have the right to register and vote in elections,” the judge wrote in his ruling. “New York City does not have the statutory capacity to enact inconsistent laws allowing noncitizens to vote and beyond the authority granted to it by the New York State Constitution.”

In passing the legislation, New York City became the largest city in the country to grant voting rights to noncitizens, placing itself at the forefront of an increasingly polarizing national debate. about voting rights, as some states began to expand eligibility while others continued. the other direction, moving to explicitly prevent non-citizens from voting.

State and federal Republican leaders, as well as some local Republican officials, later challenged the law in court, saying it reduced citizens’ voting rights and could prevent it. non-citizens seeking citizenship.

Joseph Borelli, a Republican from Staten Island, one of the plaintiffs, said: “Today’s decision affirms those who can read the simple English words of our state Constitution and state statutes. ta. “Voting by non-citizens in New York is illegal.”

Unsuccessful voting rights advocates have worked for decades to secure the measure, and they announced Monday they will appeal the ruling and encourage the city to join them. They argued that although the state Constitution provided that citizens could vote, it did not explicitly exclude non-citizens from voting.

For example, as recently as the 2000s, non-citizens were allowed to vote in New York City school board elections before the board was abolished.

Murad Awawdeh said: “The State Constitution is a layer, not a ceiling, who can be disenfranchised. executive director of the New York Immigrant Coalition. “We will continue to fight so that the nearly one million New Yorkers who are building their lives here and investing in our communities can have a say in their local democracy.”

Joshua A. Douglas, a professor at the University of Kentucky J. David Rosenberg College of Law who studies suffrage and election law, said he was surprised by the ruling because the State Constitution does not provide that Only citizens can vote.

“The New York Constitution stipulates that every citizen has the right to vote,” Professor Douglas said in an interview. “It’s a positive empowerment, but it doesn’t necessarily mean just citizens.”

However, even before the Council passed the bill for a vote in December, several people, including Bill de Blasio, then mayor of the city, raised questions about the constitutionality of the bill. the law.

Mr. de Blasio questioned whether the City Council had the power to grant voting rights to non-citizens, and he chose not to sign it into law. The former mayor, who is running for Congress, declined to comment on Monday.

His successor, Eric Adams, also expressed concern that the law’s 30-day residency requirement was not enough. Mr. Adams also decided not to sign nor veto the bill, allowing it to become law in 30 days.

The mayor’s spokesman, Fabien Levy, said the city is “disappointed by the court’s decision” and is assessing its next steps.

Mr. Levy added: “The non-public voting law will bring thousands more New Yorkers into the democratic process and give them a real say in determining their future and the future of the community. copper.

The lack of specificity in state constitutions is something some states are rushing to address. In 2020, voters in Florida, Alabama, and Colorado passed voting measures that explicitly limit the right to vote for U.S. citizens. North Dakota and Arizona have stipulated that non-citizens are not allowed to vote in state and local elections. And voters in Ohio will decide in the fall whether non-citizens are prohibited from voting.

On the other hand, some towns in Vermont and Maryland have granted noncitizens some local voting rights. And in San Francisco, non-citizens can vote in school board elections.

The New York ruling comes just days after the Supreme Court ended constitutional right to abortion and repeal a law of New York severely restricting the right to carry a gun outside the home. Governor Kathy Hochul said she would convene a special legislative session to consider changes to gun laws.

Mr Awawdeh said the decision to vote non-citizens was an “extension of what is happening at the national level” and part of an effort to “undermine and deprive them of rights”. But Ronna McDaniel, chairwoman of the Republican National Committee and one of the plaintiffs in the lawsuit, called the ruling a victory for “election integrity.”

“The Commission will continue to lead the nationwide effort to ensure only citizens can vote in American elections,” McDaniel said in a statement.