NEW YORK (1010 WINS/WCBS 880) – The Supreme Court of the State of New York Appellate Division ruled on Wednesday that a New York City law permitting non-citizens to vote in local elections was unconstitutional.
The law aimed to allow non-citizens to vote in municipal elections under certain criteria, according to the ruling. 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.
Former Mayor Bill de Blasio did not sign or veto the bill before leaving office at the end of 2021, and Adams also did not sign or veto the bill within 30 days of its passage, according to the ruling.
The law then 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 after Adams enacted it in 2022. The complaint stated that it could see nearly 800,000 non-citizens becoming eligible to vote, reshaping the city's electoral landscape.
The complaint alleged that the law will “dramatically increase the pool of eligible voters,” which “will dilute the votes of United States citizens,” including the voter plaintiffs, and will “cause an abrupt and sizeable change to the makeup of the electorate, which will force the officeholder plaintiffs to change the way that they campaign for office,” as well as require the political party plaintiffs to “adjust their strategies and how they allocate their resources to help elect Republicans in New York.”
The court found that the law “violates the New York State Constitution" because "the New York State Constitution does not expressly provide that noncitizens may vote," indicating that "by implication, it prohibits noncitizens from voting."
Moreover, it also determined that "the Municipal Home Rule Law was violated because Local Law 11 was enacted without a mandatory referendum."
“I believe that New Yorkers should have a say in their government, which is why I have and will continue to support this important legislation,” Adams said in support of the bill in 2022. “I look forward to bringing millions more into the democratic process.”
The New York Immigration Coalition disapproved of the decision in a statement released on Wednesday.
“For generations, New York City’s culture and economy have benefited from the immigrants who have come here to work, raise their families, uplift their communities and pay taxes in New York,” Murad Awawdeh, executive director of the New York Immigration Coalition, said. “While we are still reviewing the decision and its impact on immigrant New Yorkers, the lawsuit remains another shameful attempt by xenophobic Republicans who would disenfranchise residents rather than promote a more inclusive and participatory democracy. Immigrant New Yorkers deserve a say in how their local government functions and spends their tax money, and we remain committed to ensuring the expansion of voting rights,”