The progressive majority of New York’s highest court sided with Republicans who opposed the notion, and the result was the overturning of a statute that would have allowed noncitizens to vote in New York City elections.
More than 800,000 individuals would have been able to cast ballots in local elections, including mayoral races, had the law been in place.
New York City Council minority leader Joe Borelli, a former Republican, remarked, “We file some lawsuits that are stretches” when asked about the lawsuits that challenged the ordinance. “Right from the start, this one was obvious.”
As Mayor Bill de Blasio’s term came to a close, the legislation was passed. In early 2022, it became law without his or his successor Eric Adams’ veto.
Since then, the state constitution’s clause stating “every citizen shall be entitled to vote at every election for all officers elected by the people” has been the focal point of the legal wars.
All noncitizens cannot vote, according to Republicans. This statement should be seen as a floor rather than a ceiling, according to the Democrats on the City Council who supported the measure. They also noted that local governments have the option to expand the franchise further if they desire.
The Court of Appeals rejected the Democratic argument in a verdict that was released on Thursday by a score of 6 to 1.
“Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote – including… thirteen-year-old children,” Chief Judge Rowan Wilson wrote for the majority in the concurrence.
“The word ‘citizen’ is not meant as a floor,’ but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs,” Wilson ruled, using the state constitution’s terminology and constraints.
Just like in two lower courts in the past several years, Republicans prevailed in this case.
Staten Island Republican and plaintiff Michael Tannousis stated, “As the court had held from the very beginning, the law is clear that voting is a sacred right that is for United States citizens.” Other plaintiffs in the lawsuit included Tannousis. “I am pleased with today’s decision because I am the son of immigrants who emigrated to New York in pursuit of the American dream and who worked very hard to become citizens.”
