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The New York City Council is petitioning the state’s highest court to reverse previous rulings overturning a law allowing noncitizens to vote in local elections. Earlier this year, an appeals court designated the regulation unconstitutional. The legislation was set to grant nearly 800,000 green card possessors the right to vote in local elections.
“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,” said City Council spokeswoman Rendy Desamours. “Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement,” she asserted.
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Staten Island President Vito Fossella, one of the lawmakers who filed the original challenge to the rule change, stated his intention to fight the Council’s efforts. “In plain English, the
New York state constitution says only citizens have a right to vote in these elections,” Fossella said. “The city council has no authority to do what they didn’t,” he continued, adding: “We are going to be ready to do what we can.”
The February ruling against the law was the second time a court declared it unconstitutional. The law was initially struck down by the Staten Island Supreme Court in 2022.
The fight in New York comes as activists across the country are pushing to allow noncitizens to participate in U.S. elections. Last week, a federal judge in Washington, D.C.,
upheld a law allowing noncitizens in the district to vote in local elections. Earlier this month, a federal judge in Florida struck down a
law banning noncitizens from registering voters.
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