BY Benjamin ClarkMarch 21, 2025
4 months ago
BY 
 | March 21, 2025
4 months ago

NYC court overturns noncitizen voting rights law

The fate of 800,000 green card holders' voting rights in New York City hangs in the balance as legal battles unfold in state courts.

According to New York Post, New York's highest court struck down a controversial law Thursday that would have allowed noncitizens to vote in city elections, ruling in a 6-1 decision that the legislation violated the state constitution.

The ruling by the New York Court of Appeals effectively ends the legal pathway for the contentious measure passed by the City Council in late 2021. No noncitizens ever cast votes under the law as it faced immediate legal challenges upon implementation.

Republican Leaders Celebrate Constitutional Victory

Staten Island Borough President Vito Fossella, who spearheaded the legal challenge against the law, hailed the court's decision as a triumph for electoral integrity.

Republican politicians argued that allowing noncitizen voting would diminish the value of citizen votes and undermine the democratic process. The lawsuit garnered support from various local elected officials, including Rep. Nicole Malliotakis and her mother Veralia, a Cuban refugee.

Assemblyman Michael Tannousis, representing Staten Island and Brooklyn, emphasized the significance of preserving traditional voting rights. As a child of immigrants, he stressed the importance of maintaining the connection between citizenship and voting privileges.

The measure would have permitted individuals in migrant shelters to vote in city elections after just 30 days of residency with work authorization.

Republican mayoral candidate Curtis Sliwa suggested focusing efforts on increasing voter participation among current citizens instead of expanding voting rights to noncitizens. He pointed to New York City's notably low voter turnout rates as a more pressing concern requiring immediate attention.

Democratic Support and Administrative Response

The controversial legislation received strong backing from prominent Democratic figures in city government.

Former Councilman Ydanis Rodriguez, who now serves as Mayor Eric Adams' transportation commissioner, introduced the bill that garnered 36 co-sponsors. Current city comptroller candidates Justin Brannan and Mark Levine also supported the measure.

Mayor Eric Adams demonstrated a complex stance on the legislation. While never signing the bill into law, he also refrained from vetoing it, allowing it to take effect through default in early 2022.

Adams expressed his support for the law, as stated by City Hall spokesperson Kayla Mamelak, saying, "The highest court in New York State has made its decision, and we respect the court's ruling."

Speaker Adrienne Adams acknowledged the disappointing outcome while accepting the judiciary's authority. She stated:

While we are disappointed with today's overall ruling, we respect the judiciary's role in our democracy to make these decisions. The Council, as always, will continue to support and protect our immigrant community members.

Constitutional Interpretation and Future Implications

The Court of Appeals' decisive ruling centered on constitutional interpretation rather than policy preferences. Their opinion emphasized the clear constitutional restrictions on voting rights:

Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens.

The decision follows previous court rulings that consistently found the law unconstitutional. This final verdict at the state's highest court level effectively closes the door on future attempts to implement similar voting measures without constitutional amendments.

Court Decision Brings Closure

The New York Court of Appeals' ruling marks the definitive end of New York City's attempt to extend voting rights to noncitizens in local elections. The controversial law, which would have affected approximately 800,000 green card holders, was struck down due to constitutional violations.

The case highlighted deep divisions between Republican officials who viewed the law as undermining electoral integrity and Democratic leaders who sought to expand political participation among tax-paying noncitizen residents.

While supporters argued for inclusive democracy, the court's interpretation of the state constitution ultimately prevented the implementation of this progressive voting measure.

Written by: Benjamin Clark

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