The New York State Court of Appeals has rejected attempts by New York City leaders to enforce a law that would allow noncitizens to vote in local elections.
In a 3-1 ruling issued Wednesday, the Appellate Division of the Second Judicial District said the law violates the New York State Constitution and Municipal Government Law.
“It must be declared invalid,” the court said in its 43-page judgment.
The law, passed by the City Council in December 2021, created a class of “city voters” made up of non-citizens who have lived in the city for at least 30 days before an election and are registered or pre-registered to vote. Local government voters have the right to participate in the election of mayors, public defenders, auditors, ward leaders, and city council members.
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Asylum seekers line up outside the historic Roosevelt Hotel, which has been converted into a city-run shelter for newly arrived immigrant families in New York City. (Selcuk Achar/Anadolu Agency via Getty Images)
The law faced legal challenge almost immediately.
It would apply to about 800,000 new voters in the city of 8.5 million people. But the appeals court said the state constitution’s provision that “all citizens have the right to vote…” applied only to U.S. citizens.
“Since there is no reference to non-citizens, the irrefutable inference applies that non-citizens were intended to be excluded from persons eligible to vote in the election,” the court said.
New York City Mayor Eric Adams enacted the law upon taking office in January 2022, but it was ruled illegal months later. The mayor defended the law and appealed the lower ruling against it.
Fox News Digital has reached out to Adams’ office, but it is unclear whether he will appeal Wednesday’s ruling.
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New York City Mayor Eric Adams speaks during a press conference on May 17, 2023 in Manhattan, New York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)
Many Democrats supported the law, saying it would make city politics more inclusive, but Republicans said it could lead to voter fraud and Democrats said it was only about inflating the numbers. insisted.
U.S. Rep. Nicole Malliotakis (R-NY) told X: “Great news! We have won in the Court of Appeals to enforce the law that registers non-citizens to vote in New York City elections @NYCMayor “Attempt was canceled,” he posted. “This is a huge victory for protecting both election integrity and the voice of the American people!
Malliotakis, who represents the Borough of Staten Island in New York City, was one of several plaintiffs who filed suit over the law, along with Borough President Vito Fossella.
“Fortunately, common sense prevails in New York thanks to a decision by the Second Department of Justice Appellate Division. The New York State Constitution makes clear that only residents of the state may vote in local elections. “This right is extended to non-citizens, and I’m glad that the Court of Appeals shares this understanding. This is a victory for New Yorkers and protects the integrity of our elections.” ,” Fossella said.
The New York Immigration Coalition said it was disappointed with the ruling.
“For generations, New York City’s culture and economy have been built on people who came here to work, raise their families, develop their communities, and pay taxes,” NYIC Executive Director Murad Awaudeh said in a statement. “We have benefited from immigration,” he said. “While we are still scrutinizing this decision and its impact on immigrant New Yorkers, this lawsuit remains another shameful attempt by xenophobic Republicans to become more inclusive and engaged.” Rather than promoting a type of democracy, it seeks to disenfranchise residents. Immigrant New Yorkers have a right to have a say in what their local government does.” and we remain committed to ensuring expanded voting rights. ”
The New York State Court of Appeals has rejected attempts by New York City leaders to enforce a law that would allow noncitizens to vote in local elections. (Paul J. Richards/AFP via Getty Images)
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The ruling comes as New York City grapples with a surge in immigrants that has led to an increase in crime and anger among residents. Adams warned in December that the city’s resources and shelter services were strained and the city was at “breaking point.”
