STATEN ISLAND, N.Y. — A New York City law that would let nearly one million non-citizens vote in local elections faced another legal setback Wednesday.
A panel of judges in the New York Appellate Division sided with a group fighting the law, led by Borough President Vito Fossella, and ruled it in violation of state law.
“Fortunately, common sense prevails in New York, thanks to the decision reached by the Appellate Division, Second Judicial Department,” Fossella said. “The New York State Constitution is clear in that only citizens can vote in our local elections. It is simply irresponsible and nonsensical to extend this right to non-citizens.”
The legislation, known as Local Law 11, passed the City Council in 2021 and would add about 900,000 new voters to New York City’s rolls — as estimated by “Our City Our Vote,” a campaign pushing for non-citizen suffrage.
Those 900,000 voters would need to be lawful permanent residents who would have the opportunity to vote in local elections for things like borough president, mayor and City Council. The law would not apply to the nearly 200,000 people who have made their way to the five boroughs in the ongoing migrant crisis.
In June 2022, Staten Island Supreme Court Judge Ralph Porzio also ruled in favor of the law’s opponents, who argue that it violates the New York Constitution along with a host of state laws.
A city Law Department spokesman said Thursday that the city is reviewing its options following the Appellate Division’s decision. Mayor Eric Adams’ administration could still try to bring the case before the Court of Appeals, New York’s highest court.
Across the country, non-citizens have had varying rights to vote throughout history. In New York City, non-citizen parents had the right to vote in school board elections until 2002, when school boards were disbanded.
Opponents concede that non-citizens could be granted the right to vote, but it would require action on the part of the State…
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