NEW YORK (1010 WINS/WCBS 880) – The City Council urged the state’s highest court to reverse a ruling that overturned a law granting thousands of noncitizen New Yorkers the right to vote in local elections as elected officials held a press conference on the City Hall Steps on Monday.
City Council Speaker Adrienne Adams' spokesperson announced that the City Law Department filed a notice on behalf of the Council, requesting the State Court of Appeals the ruling.
"Today’s filing to appeal the Second Department’s recent decision seeks a determination from the state’s highest court that the law is consistent with the State Constitution, Election Law, and the Municipal Home Rule Law," Council spokesperson Rendy Desamours said in a statement. "Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement. We look forward to the Court of Appeals’ consideration of the Council’s appeal.”
The law, aimed at allowing non-citizens to vote in municipal elections under certain criteria, was initially approved in December 2022. However, in January 2023, the law faced a lawsuit filed by New York Republican voters, New York Republican officials, and members of the New York Republican State Committee and the Republican National Committee. The complaint stated that it could see nearly 800,000 non-citizens becoming eligible to vote, reshaping the city's electoral landscape.
In February, the Supreme Court of the State of New York Appellate Division ruled that a New York City law permitting non-citizens to vote in local elections was unconstitutional.
The court, in a 3-1 decision, decided that the law violated the New York State Constitution and Municipal Home Rule Law, and declared it void.
“We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void,” read the ruling.
The bill, Intro 1867-A, was adopted as Local Law No. 11 after it passed the City Council vote on Dec. 9, 2021.
The law grants noncitizens the ability to vote in municipal elections for positions such as mayor, public advocate, comptroller, borough president, and City Council, but it does not extend voting rights to federal and state elections.
Representatives from LatinoJustice, immigration advocates, members of the Our City, Our Vote Coalition - interveners in the case, and elected officials rallied together on the City Hall steps, urging the mayor to collaborate in the appeal effort.
“Immigrants are the backbone of New York’s economy and communities,” Murad Awawdeh, president and CEO, New York Immigration Coalition said. “But despite their contributions as taxpayers and community-members, many immigrant New Yorkers do not have the right to participate in local decision-making.”
"I stand firmly with the NYIC and the Our City Our Vote Coalition as it appeals the misguided ruling to strike down Local Law 11 of 2022, which would bring non-citizen lawfully permanent residents of the city into the fold of democracy,” Council Member Shahana Hanif, District 39, said. “This law meets legal muster and I am confident this coalition will prevail. As the proud daughter of Bangladeshi immigrants, I am eager for the day that this law is rightfully implemented.”