6/28/2022 NYC Noncitizen Voting Law Struck Down by Staten Island Judge but Immigration Groups Vow AppealRead Now A Staten Island judge struck down a city law Monday that would give some noncitizen New Yorkers the right to vote in local elections, ruling that the expansion of electoral participation would violate the state constitution. The so-called Local Law 11, which was adopted in January, would let green card holders and some immigrants on work and relief visas vote for mayor, City Council and other municipal-level positions. In a bid to stave off legal challenges, the Council crafted the legislation in such a way that it did not give noncitizens the right to vote in presidential, congressional and state-level elections — but Richmond County Supreme Court Justice Ralph Porzio ruled that the measure doesn’t pass constitutional muster regardless. Porzio stated that the city can’t give any noncitizen the right to vote due to a portion of the state constitution that holds that only “citizens” are eligible. “The New York State Constitution expressly states that citizens meeting the age and residency requirements are entitled to register and vote in elections,” Porzio wrote. He added, “Though voting is a right so many citizens take for granted, the City of New York cannot ‘obviate’ the restrictions imposed by the Constitution.” The decision came in response to a lawsuit brought by Staten Island Borough President Vito Fosella and other local Republicans, who celebrated the outcome Monday. “Today’s decision validates those of us who can read the plain English words of our state constitution and state statutes: Non-citizen voting in New York is illegal and shame on those who thought they could skirt the law for political gain,” said Staten Island Councilmember Joe Borelli, the Council’s GOP minority leader. Within minutes of Porzio’s ruling, supporters of Local Law 11 affirmed they plan to appeal to the state’s top court. Murad Awawdeh, executive director of the New York Immigration Coalition, which will be involved in the planned appeal, said Porzio’s decision was “no surprise to us.” “The Republican opponents to the law specifically placed their lawsuit in a court they knew would be favorable to them,” Awawdeh said. “We remain firm in our certitude that municipal voting is legal and plan to support the appeal of this judge’s decision. We refuse to allow today’s verdict to further the disenfranchisement of Black and brown communities in New York City.” It’s unclear if the Council can take any additional legislative action to push back on Porzio’s ruling. Nonetheless, Council Speaker Adrienne Adams (D-Queens) said: “We are reviewing the ruling and exploring options for moving forward.” Comments are closed.
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