By: Dean Weiner
New York State Democratic leaders are attempting yet again to make it possible for non-US citizens to vote in local elections.
According to The New York Post, “the city Law Department filed legal papers Friday in Staten Island Supreme Court, saying it’ll appeal Justice Ralph Porzio’s permanent injunction last month barring the city Board of Elections from letting about 800,000 non-citizen residents register to vote. The papers were filed on behalf of Mayor Eric Adams, the BOE and the Democratic-controlled City Council”.
“The council overwhelming passed the “Our City, Our Vote” bill in December, paving the way for the Big Apple’s green-card holders and residents with work visas — about 10% of the city’s population — to vote in local elections but not state or national races”, writes Rich Calder.
The bill became law by default. “Then-Mayor Bill de Blasio declined to sign or veto the bill, and his successor Adams — who said he supported the measure despite initial “concerns” — allowed it to become law shortly after taking office in January by failing to take any action within 30 days of the bill’s passage”, according to The New York Post.
A group of New York Republicans led by Staten Island Borough President Vito Fossella then filed a lawsuit to block the new law from being implemented. In his 13-page ruling, Judge Porzio said, “city officials can’t “obviate” restrictions in the state constitution, which “expressly states that only citizens meeting the age and residency requirements are entitled to register and vote in elections.”
According to the Pew Research Center, there were approximately 25 million noncitizens living in the U.S. as of 2017. That included 12.3 million permanent residents and 2.2 million temporary residents in the country with legal permission and 10.5 million living in the country without legal permission. Federal law does not govern local elections. Federal law states that it is unlawful for a noncitizen to vote in federal elections and establishes the punishment of a fine, one year in prison, or both for violation of the law.
According to Ballotpedia.org, All state constitutions mention United States citizenship when discussing who can vote in that state’s elections. In 48 states, constitutional language discussing citizenship says who can vote (e.g. “every citizen” or “all citizens”), but does not state that noncitizens cannot vote. In Arizona and North Dakota, the states’ constitutions provide that citizen,s but not noncitizens, have the right to vote.
“The City’s decision to appeal this matter reaffirms the need for and importance of protecting the right to vote in municipal elections for close to one million New Yorkers,” said Fulvia Vargas-De León, associate counsel for LatinoJustice. She said her group intends to fight for its clients’ rights to participate in the democratic process “and to support the law’s constitutionality.”
Meanwhile Council Minority Leader Joseph Borelli told Gothamist “I think it’s a political game to just come off as though this is something the mayor intends to fight and support.” He insisted that state election law limits voting to United States citizens and felt confident that the lower court’s decision would be upheld. “I doubt the city has any real argument of law to make to the Second Department.”
