A law that would allow non-citizens to vote in New York’s local election was rejected Monday by a State Court judge on Staten Island, who said it violated the state constitution.
The measure, passed by the city council in December, would allow more than 800,000 permanent residents and people authorized to work in the United States to vote for mayoral and city council positions.
But Judge Ralph J. Porzio ruled that the new law contradicts the constitutional guidelines, according to which only eligible citizens can vote. A referendum will be needed to give non-citizens the right to vote, the judge wrote.
The law applied only to municipal elections and was not to enter into force until January of the following year. The decision will have no effect on Tuesday’s primary in New York.
“The New York State Constitution explicitly states that citizens who meet the age and residence requirements have the right to register and vote in elections,” the judge wrote in his ruling. “There is no legal possibility for the city of New York to issue inconsistent laws that allow non-citizens to vote and exceed the powers granted to it by the Constitution of the State of New York.
When legislation was passed, New York became the largest city in the country, giving non-citizens the right to vote, entering the forefront of the increasingly polarized national debate on voting rights as some states began to expand eligibility. while others joined. the other direction, moving to an explicit ban on non-citizens voting.
State and federal Republican leaders, as well as a handful of local Republican officials, later challenged the law in court, saying it reduced citizens’ voting rights and could prevent non-citizens from seeking citizenship.
“Today’s decision confirms those of us who can read the plain English words of our state constitution and state statutes,” said Joseph Borelli, a Republican councilor from Staten Island who was one of the plaintiffs. “Voting by non-citizens in New York is illegal.
Proponents of the non-citizen vote have worked for decades to secure the measure, and they vowed on Monday to appeal the decision and encouraged the city to join them. They argue that although the state constitution provides that citizens can vote, it does not explicitly exclude non-citizens from voting.
As early as the 2000s, for example, non-citizens were allowed to vote in school council elections in New York before the councils were abolished.
“The state constitution is under, not a ceiling on who can get the right to vote,” said Murad Awaude, executive director of the Immigrant Coalition in New York. “We will continue to fight so that nearly one million New Yorkers who build their lives here and invest in our communities can have a say in local democracy.
Joshua A. Douglas, Professor at J.W. David Rosenberg, of the University of Kentucky, who studies suffrage and suffrage, said he was surprised by the decision because the state constitution does not specify that only citizens can vote.
“The New York Constitution says that every citizen has the right to vote,” Professor Douglas said in an interview. “This is a positive right, but it does not necessarily mean just every citizen.”
But even before the council passed the bill in December, there were some, including Bill de Blasio, then mayor of the city, who raised questions about the constitutionality of the law.
Mr de Blasio questioned whether the city council had the power to grant non-citizens the right to vote, and he chose not to sign the bill. The former mayor, who is running for Congress, declined to comment Monday.
His successor, Eric Adams, also expressed concern that the law’s requirement of a 30-day stay was insufficient. Mr Adams also chose not to sign or veto the bill, which effectively allows it to become law in 30 days.
A spokesman for Mayor Fabien Levy said the city was “disappointed with the court’s decision” and appreciated its next steps.
Find out the battle for the right to vote in the United States
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Why are voting rights a problem now? In 2020, as a result of the pandemic, millions adopted early voting in person or by mail, especially among Democrats. Prompted by Donald Trump’s false allegations about the ballots in the mail in hopes of canceling the election, the Republican Party is pursuing a number of new voting restrictions.
Why are these legislative efforts important? Pressing Republicans to tighten voting rules has cast doubt on the integrity of the U.S. democratic process. Many restrictions are likely to disproportionately affect colored voters.
Which states have changed their voting laws? Nineteen states have passed 34 laws restricting voting in 2021. Some of the most significant laws have been passed on battlefield states such as Texas, Georgia and Florida. Republican lawmakers are planning a new wave of election laws in 2022.
Will these new laws change the elections? Perhaps. Maybe not. Some laws will make voting more difficult for certain groups, cause confusion, or create longer waiting times at polling stations. But the new restrictions could have the opposite effect on Republicans, especially in rural areas, who once preferred to vote by mail.
“The Non-Citizens Voting Act will attract thousands more New Yorkers to the democratic process and give them a real voice in determining their future and the future of their communities,” Mr Levy added.
The lack of specificity in the state constitution is something that some states are in a hurry to deal with. In 2020, voters in Florida, Alabama and Colorado passed voting measures that explicitly restricted voting to U.S. citizens. North Dakota and Arizona have already clarified that non-citizens are not allowed to vote in local and state elections. And Ohio voters will decide in the fall whether to ban non-citizens from voting.
On the other hand, several cities in Vermont and Maryland now allow non-citizens some local voting rights. And in San Francisco, non-citizens can vote in school board elections.
The ruling in New York comes just days after the Supreme Court ended the constitutional right to abortion and repealed a law in New York that severely restricted the right to bear arms outside the home. Governor Kathy Hochul said she would convene a special legislative session to consider changes to the gun law.
Mr Awawdeh said the decision to vote for non-citizens was “an extension of what is happening at the national level” and part of an effort to “undermine and take away rights”. But Rona McDaniel, chairman of the Republican National Committee, one of the plaintiffs in the case, called the decision a victory for “electoral integrity.”
“The committee will continue to lead efforts across the country to ensure that only citizens can vote in the US election,” Ms McDaniel said in a statement.
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