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New York Noncitizen Voting Law

New York Supreme Court Strikes Down Law Allowing Noncitizens to Vote

Former Mayor Bill de Blasio had admitted the law posed ‘big legal questions.’

As reported by Fox News, the New York Supreme Court has ruled that a law allowing noncitizens to vote is illegal.

The New York City Council voted in December 2021 to allow noncitizens to vote in local elections provided they have resided in the city for at least 30 days prior. The law was only applicable to green card holders and those with work authorizations and did not apply to illegal immigrants.

The court found the city of New York exceeded the authority granted to it by the New York State Constitution.

Although former mayor, Bill de Blasio, did not sign the bill, he declined to veto it. He expressed reservations about the legalities of the bill, as well as concerns that it would act as a disincentive for individuals to seek citizenship.

In the court’s ruling, Supreme Court Judge Ralph Porzio referenced Articles II and IX of the State Constitution.

“The New York State Constitution explicitly lays the foundation for ascertaining that only proper citizens retain the right to voter privileges,” Richmond County Supreme Court Judge Ralph Porzio said in the court’s ruling. “It is this Court’s belief that by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.”

Additionally, Porzio noted that the city law conflicted with New York Election Law section 5-102 (1) that expressly prohibits noncitizens from voting in any election. By establishing a conflicting law, the city was in violation of the Municipal Home Rule Law which prohibits local governments from adopting laws inconsistent with the state constitution and laws.

Porzio issued a judgment voiding the city law as well as an injunction prohibiting any noncitizen from being registered to vote.

Rep. Nicole Malliotakis, R-N.Y., who represents Staten Island, where the case was filed, celebrated the decision.

“This Supreme Court decision is a victory for preserving the integrity and security of our elections,” Malliotakis said in a statement. “I stand with the vast majority of New Yorkers who are pleased to see the court strike down Democrats’ shameful attempt to dilute the voices of American citizens by allowing non-citizens to vote. The government should be working to create more trust in our elections, not less.”

Unfortunately, the New York Supreme Court ruling does not put an end to the unconstitutional practice of allowing noncitizens to vote. Fox News reports that some U.S. cities and jurisdictions still currently allow noncitizens to vote.

Read more about this disturbing trend: Cities and jurisdictions allow noncitizens to vote.

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