The New York City Council has petitioned the state’s highest court to strike down prior rulings that prevent non-citizens from voting in local elections.

The Democrat-led council passed a measure in 2021, signed into law by former Mayor Bill de Blasio, allowing approximately 800,000 non-citizens with green cards to vote.

An appellate court struck down the measure as unconstitutional.

“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 Rendy Desamours, spokesperson for the City Council, according to the New York Post.

From the New York Post:

The council has argued that noncitizens here legally should be able to vote since they pay taxes and make contributions to their community.

The case will now head to New York’s Court of Appeals.

“In plain English, the New York state constitution says only citizens have a right to vote in these elections,” said Staten Island President Vito Fossella, one of the lawmakers who filed the legal challenge. “The city council has no authority to do what they didn’t.”

“We are going to be ready to do what we can,” he said, adding, “We are not surprised.”

Mayor Eric Adams, a co-defendant in previous court battles, did not join in on the challenge Monday.

Hizzoner has been quiet as of late about the law, known as Local Law 11, which was sponsored by former Councilman Ydanis Rodríguez (D-Washington Heights), who now serves as Adams’ commissioner of the Department of Transportation.

When he first took office, Adams said that allowing noncitizens to vote was the “best choice” after having initial concerns.

Fox News reports:

After its passage, the law was challenged by Republican lawmakers. U.S. Rep. Nicole Malliotakis, a Republican who represents Staten Island, was a plaintiff in the lawsuit that got it struck down.

“There is nothing more important than preserving the integrity of our election system and this unconstitutional law that has been struck down in two consecutive wins only diminished the voices of our citizenry,” she said Friday in response to an immigrant activist group that is also challenging the earlier ruling. “I urge the City to not waste more taxpayer money to join this appeal and instead focus on the needs of hardworking New Yorkers who are facing so many quality of life and public safety issues.”

The legal challenge comes as concerns increase over the influx of asylum seekers in the city, which has strained public resources and put renewed attention on crimes involving migrants.

Join The Conversation. Leave a Comment.


We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.