Aiexpress – A recent decision by a state appeals court in New York has declared the city’s law allowing non-citizens to vote in local elections as unconstitutional. This ruling is seen as a victory for the Republican elected officials who initiated legal action to prevent its implementation.
In a ruling on Wednesday, Paul Wooten, an associate justice of the Appellate Division for the Second Judicial Department in New York, stated that the local law violated the New York State Constitution and Municipal Home Rule Law. As a result, the law must be declared null and void.
Mayor Eric Adams’ administration is currently defending the law and has appealed the ruling made by a lower court. It is unclear at this time whether City Hall intends to appeal to the state’s highest court as a spokesperson did not provide an immediate response when questioned.
The 2022 law is yet to take effect, as it has been met with immediate legal challenges. Its aim was to grant voting rights in local elections, including those for mayor and City Council, to green card holders and other individuals residing in New York City with federal work authorization. This would have expanded the pool of eligible voters by approximately 800,000, in a city with a population of 8.5 million.
Championed by progressive Democrats, proponents argued that the “Our City, Our Vote” bill aims to enhance political representation and foster inclusivity for immigrants. However, critics, primarily Republicans, raised concerns over potential logistical challenges and voter fraud, suggesting that Democrats were primarily motivated by partisan interests.
“I did it, I won!” exclaimed Council Republican leader Joe Borelli during an interview from Israel, where he is currently on a study tour with other New York lawmakers. “This case was a breeze. All they had to do was take a look at the state constitution and municipal law. The blame should be placed on the supporters of the bill.”
Borelli, along with Rep. Nicole Malliotakis and Borough President Vito Fossella, among others, filed a lawsuit immediately after the bill was enacted into law in January 2022.
Months later, a lower court judge in Staten Island ruled against it.
According to election lawyer Sarah Steiner, the choice to file the lawsuit in the Staten Island jurisdiction was influenced by the borough’s politically conservative leanings. “They selected Staten Island as it was a more favorable location to obtain the desired decision,” Steiner explained in an interview.
The appellate court, in a 3-1 ruling, has concurred that the clause in the state constitution, which guarantees the right to vote to “every citizen,” pertains solely to United States citizens. Furthermore, the court has determined that according to a provision in the state’s Municipal Home Rule Law, any modifications to the electoral process must be approved via a voter referendum, rather than by a local legislature.
New York City actually implemented ranked-choice voting for city primaries through a ballot question in 2019.
The ruling was strongly criticized by the New York Immigration Coalition, an organization that advocates for non-citizen voting rights.
NYIC Executive Director Murad Awawdeh released a statement expressing his concerns about the decision and its potential impact on immigrant New Yorkers. He criticized the lawsuit as a xenophobic attempt by Republicans to disenfranchise residents, rather than promote inclusivity and democracy. Awawdeh emphasized the importance of giving immigrant New Yorkers a voice in local governance and the allocation of tax funds. He reaffirmed NYIC’s commitment to expanding voting rights for all.
Non-citizen voting remains a relatively uncommon practice in the United States, but there is a burgeoning movement seeking to legalize it.
Washington, D.C. successfully overcame opposition from congressional Republicans in order to grant the right to vote to non-citizens. However, this law has faced legal challenges in court. In 2023, a San Francisco court upheld a law that permits certain non-citizens to participate in school board elections. Similarly, three cities in Vermont, including Burlington, have recently passed laws allowing legal residents to vote in local elections.
