In a groundbreaking ruling, the New York State Supreme Court, Appellate Division: Second Judicial Department, struck down a New York City law that would have allowed noncitizens to vote in municipal elections.
The ruling issued Wednesday affects about 800,000 legal residents who are not citizens and illegal alien “dreamers,” undermining the city’s efforts to expand the electorate in local races.
Dreamers are illegal immigrants who came to the United States as children, lived and attended school here.
This decision upholds a lower court ruling issued by Staten Island Supreme Court Justice Ralph Porzio in June 2022. The ruling, which Mayor Eric Adams and the City Council had attempted to overturn, represents a significant rebuke to the legislative body of the city and its executive.
The law, passed in December 2021 but faced immediate legal challenges, aimed to create a class of “municipal voters” made up of noncitizens who reside in New York City.
“Local law created a new class of voters called “municipal voters” who would be entitled to vote in municipal elections for the offices of mayor, public advocate, comptroller, borough president, and council member. The law defines a “municipal voter” as “a person who is not a citizen of the United States on the date of the election in which he or she votes” and who meets the following criteria: (1) “is a lawful permanent resident voter or authorized to work in the United States”; (2) “is a resident of New York [C]ity and shall have been a resident for 30 consecutive days or more by the date of such election”; and (3) “satisfies all requirements to register or pre-register to vote under the election law, except to be a citizen of the United States, and who has registered or pre-registered to vote with the New York City Board of Elections in according to this chapter.”
The case, Vito J. Fossella et al. v Eric Adams etc. et al., focusing on the interpretation of Article II, Section 1 and Article IX of the New York State Constitution, which refers to “citizens.”
The court’s decision, outlined in a 43-page document, delves into the intricate legal arguments presented by both defendants and defendant-intervenors.
In his ruling, Judge Wooten said the law was unconstitutional.
“We believe that this local law was enacted in violation of the New York State Constitution and the Municipal Home Rule Law and, therefore, should be declared null and void,” Judge Wooten said in the 3-1 majority decision.
The justices agreed that the state constitution explicitly defines the right to vote as being available only to citizens, referencing Article II, Section 1, which grants voting eligibility exclusively to citizens.