The New York City Council has asked the state Supreme Court to overturn two rulings to clear the way for noncitizen immigrants to vote in municipal elections.
The controversial election change, passed by the City Council and signed into law by then-Mayor Bill de Blasio in late 2021, gave 800,000 non-citizens with green cards or legal status a vote. was supposed to have been allowed, but last month it was struck down as unconstitutional by the Court of Appeals. .
“Today’s appeal of the Second Division’s recent decision asks the state Supreme Court to rule that the law complies with the state constitution, election law, and city government law,” a City Council spokesperson said. Rendy Desamours said.
“Enabling New Yorkers to participate in local democratic processes can only strengthen New York City by increasing citizen participation.”
The City Council argues that non-citizens here should be legally able to vote because they pay taxes and contribute to the community.
The case will now be transferred to the New York Court of Appeals.
Mayor Eric Adams, a co-defendant in past legal battles, did not participate in Monday’s challenge.
Hizzoner has remained silent until recently about the legislation, known as Local Law 11, which was sponsored by former City Councilman Ydanis Rodriguez (D-Washington Heights), who is now Adams’ transportation secretary.
When he first took office, Adams said that despite his initial concerns, allowing non-citizens to vote was the “best choice.”
The mayor’s office did not respond to requests for comment.
News of the appeal came just hours after supporters rallied outside City Hall in an effort to garner support for the effort from the mayor’s office and other parts of the Big Apple.
“Republicans believe they can use the courts to disenfranchise immigrant communities and communities of color,” Taina Wagner, senior manager at the New York Immigration Coalition, said at the rally. “We have a chance for justice as we proceed with the appeal,” she said.
The controversial law was challenged in January 2022 by Republican politicians, who argued that it was unconstitutional and devalued New Yorkers’ votes.
U.S. Rep. Nicole Malliotakis (R-N.Y.), who represents Staten Island, praised the initial decision to block the law.
“Nothing is more important than maintaining the integrity of our electoral system. In today’s day and age, governments should strive to increase trust in elections, not diminish them,” he said. .
The February appellate ruling marks the second time the City Council has lost in court over the bill, following a Staten Island Supreme Court ruling against the law in 2022.
The timeline for the appeal remains unclear.
The legal battle comes as asylum seekers have become a political flashpoint and are expected to be a major issue that will interest New York voters this November.
