A controversial New York City law allowing 800,000 non-citizens but legal residents to vote in city elections was struck down as unconstitutional by a state appellate court on Wednesday.
“We hold that this local law was enacted in violation of the New York State Constitution and the Municipal Government Code and, therefore, should be declared invalid,” appellate judge Paul Wooten said. . 3-1 majority vote.
Wooten said the state constitution broadly refers only to citizens having the right to vote in local, statewide or state legislative elections.
“Article IX provides that elected officials of “local governments” shall be elected by “the people,” and incorporates by reference the voting eligibility requirements under Article 2, Section 1; applies only to ‘nationals,’” the judge wrote.
The ruling upholds a June 2022 lower court ruling by Staten Island Supreme Court Judge Ralph Porzio that Mayor Eric Adams and the City Council had appealed.
Wooten, writing for the Appellate Division 2, said that if non-citizens were allowed to vote, he could of course run for mayor.
He ruled that such a drastic change violates city autonomy law, and said the City Council and mayor failed to put the issue on the ballot for voters to decide.
Judges Angela Iannatti and Helen Vutsinas agreed with the ruling.
Justice Lillian Wang issued a dissenting opinion.
“The majority considers the non-referendum law invalid, effectively prohibiting municipalities within the state from determining for themselves who has a say in the local election process,” she wrote.
“Despite the fact that the residents’ duly elected representatives chose to give those same residents the right to vote, the majority’s decision amounts to disenfranchising nearly 1 million residents of the city. Become.”
Staten Island Borough President Vito Fosella is the lead plaintiff in the lawsuit, along with U.S. Rep. Michael Tanousis (R-Staten Island) and others.
“While nearly 200,000 immigrants flooded our cities and streets, disrupting the public and attacking police officers, my colleagues and I worked tirelessly to protect the voting laws that were created for the American people. “I’ve worked hard,” Thanosis said.
“Democracy always wins, and I’m proud to see it happen again today.”
Rep. Nicole Malliotakis (R-Staten Island) was among those who praised the decision.
“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 right to vote is a sacred right given only to American citizens. I hope that left-wing lawmakers will stop pushing these unconstitutional and reckless measures that weaken the voice of the American people,” she added.
A spokesperson for the City Legal Affairs Bureau said, “We are reviewing the court’s ruling and considering next steps.”
