The New York City Council has filed an appeal to the state’s highest court seeking to reverse a lower court’s ruling that struck down a law that would have allowed non-citizens to vote in city elections. The council’s action comes as an appellate court invalidated a city bill enacted in late 2021 that would have allowed around 800,000 green-card-holding noncitizens to cast ballots in local elections. The court ruled the laws as unconstitutional, saying they violated the state constitution and the state’s Municipal Home Rule Law.
Rendy Desamours, a spokesperson for the City Council, emphasized their pursuit of legal clarity, stating, “Today’s filing to appeal the Second Department’s recent decision seeks a determination from the state’s highest court that the law is consistent with the State Constitution, Election Law, and the Municipal Home Rule Law.” Desamours argued that the law would help New Yorkers, claiming, “Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement.”
“Today’s filing to appeal the Second Department’s recent decision seeks a determination from the state’s highest court that the law is consistent with the State Constitution, Election Law, and the Municipal Home Rule Law,” Rendy Desamours, a spokesman for the City Council, insisted. “Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement,” he said.
The legislation in question, known as Local Law 11, has faced significant opposition since being initially put in place by former Mayor Bill de Blasio. State Assemblyman Michael Tannousis, a plaintiff in the case, applauded the court’s decision, asserting the importance of upholding voting laws for U.S. citizens.
“During a time where nearly 200,000 migrants have flooded our city and streets, disrupting the public and attacking our police officers, my colleagues and I have worked tirelessly to protect our voting laws which were created for citizens of the United States,” Tannousis said in response to the decision.
US Rep. Nicole Malliotakis hailed the appellate decision as a safeguard for the election system’s integrity, emphasizing that “There is nothing more important than preserving the integrity of our election system, and in today’s age, the government should be working to create more trust in our elections, not less.”
Staten Island President Vito Fossella echoed these sentiments, underscoring the constitutional limitations on voting rights. “In plain English, the New York state constitution says only citizens have a right to vote in these elections,” Fossella stated. “The city council has no authority to do what they did.”
The proposal’s original sponsor in the council, former Councilman Ydanis Rodríguez, defended the bill as an effort to make the city’s politics more inclusive and equitable.
“People who are looking to get elected to office will now have to spend the same amount of time in the communities affected by this legislation as they do in upper-class neighborhoods,” said Rodriguez.
The office of New York City Mayor Eric Adams – who had been vocal in his support of non-citizens voting upon entering office in 2022 – refused to sign on to the challenge.
Just hours prior to the announcement of the decision, supporters of the legislation rallied outside City Hall calling for Mayor Adams and other officials to back it. Taina Wagnac of the New York Immigration Coalition denounced the move by the court, framing the appeal as a pursuit of justice. “Republicans think they can use the courts to disempower immigrant communities, and communities of color, from voting,” said Wagnac to reporters.
The legal battle over non-citizens’ voting rights in New York City has far-reaching implications beyond the confines of the city itself. Similar initiatives have emerged in other jurisdictions across the nation.
Too many still don’t understand that the Democrats are literally fighting to give "non-citizens" the right to vote.
Their goals couldn’t be more clear.
The New York City Council is literally asking for the NY State Supreme Court to allow "non-citizens" to vote in NYC. They want… pic.twitter.com/zoId5UrJag
— Robby Starbuck (@robbystarbuck) March 25, 2024
In Boston this past December, the City Council approved a law like New York’s Local Law 11, giving voting rights in municipal elections to people with ‘legal status’. In February, San Francisco made national news when its city government appointed a noncitizen Chinese immigrant to its election commission.
