An appeals court has declared a New York law that allowed noncitizens to vote in local elections as unconstitutional.
A state appeals court on Feb. 21 declared as unconstitutional a New York City law permitting noncitizen voting in local elections—a victory for election integrity advocates and opponents of the legislation who mounted a legal challenge.
“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,” reads the ruling, which was issued on Feb. 21 by the Appellate Division for the Second Judicial Department of the Supreme Court of the State of New York.
The law, dubbed “Our City, Our Vote,” was approved in December 2021 by the Democrat-controlled New York City Council, opening the door to allowing some 800,000 documented noncitizens with federal work authorizations to vote in all New York City municipal elections, including for mayor.
‘Expanding Voting Rights’ vs. ’Dangerous and Un-American’
Progressive Democrats, who championed the law, argued that it would make U.S. politics more inclusive by allowing immigrants without citizenship to vote.
Former New York Council Member Ydanis Rodríguez, a Democrat who co-sponsored the bill, told The Nation back in the summer of 2021 that, at its most basic level, the consequence of the measure “is that we’re going to be expanding voting rights.”
Opponents of the bill, chiefly New York Republicans, vowed to take the measure to court if it were to pass, arguing that it would undermine the integrity of elections and that it unconstitutionally diluted the power of U.S. citizens’ votes.
“We pledge action, any means necessary … to stop this dangerous legislation undermining our elections,” then-state Republican Chairman and now Rep. Nick Langworthy (R-N.Y.) told a press conference in December 2021, just days before the bill passed.
“We will pursue every legal action to see that this dangerous law is struck down,” he said. “Besides being bad policy, it’s unconstitutional, it’s dangerous and un-American.”
Soon after the legislation became law in January 2022, it was challenged in court by Mr. Langworthy and a handful of other plaintiffs. Months later, the law was struck down.
Justice Ralph Porzio, of the New York State Supreme Court for Staten Island, ruled that the “Our City, Our Vote” legislation violated the state Constitution, which states that “every citizen” is entitled to vote.
By Tom Ozimek
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