In a judicial proceeding on Tuesday, the highest court in New York was approached by attorneys seeking to overturn a previous ruling that blocked legislation permitting noncitizens to participate in New York City municipal elections. The lawyers contended that local officials acted within their rights as defined by law.
The legislation, which was enacted in January 2022, made New York City the first major U.S. city to extend municipal voting rights to noncitizens. Despite being approved by the city council, controlled by Democrats, the law has yet to be enacted due to a legal dispute initiated by Republican opponents. It is important to note that this law does not extend voting rights to noncitizens for national elections, such as those for president or Congress, nor in state races.
A lower court ruled in favor of the Republican challengers in June 2022, and subsequently, an appellate court declared that the law was in violation of the state constitution. The appellate court also indicated that a public referendum was required prior to altering electoral procedures as stipulated in the law.
In response to this court ruling, the city council has appealed to the New York State Court of Appeals. During the proceedings, one attorney representing the council argued that the actions taken by the city government were in alignment with the state’s constitution. “This is fundamentally an act of self-governance and an expression of home rule powers. The constitution allows the city to make this choice,” stated attorney Claude Platton.
The municipal law permits noncitizens who have been legal permanent residents for at least 30 days, as well as individuals authorized to work in the United States, to vote in local elections. Proponents of the measure assert that it represents the interests of over 800,000 authorized immigrants residing in the city. Mayor Eric Adams chose to allow the legislation to pass without adding his endorsement by signing it.
Republican officials contend that this was a partisan maneuver by Democrats, leading them to challenge the law in the courts. Their attorney, Michael Hawrylchak, argued that the state constitution defines voting as a privilege strictly for citizens, expressing the belief that the legislation overstepped legal boundaries.
During the court arguments, much of the discussion revolved around the interpretation of specific terms in the constitution and the definition of what constitutes a “citizen.” Judge Jenny Rivera remarked on the significant effects the law might have if enacted, indicating that it would enable a substantial number of individuals to participate in the electoral process.
A ruling from the court is anticipated in the next few months, which could have widespread implications for noncitizen voting in municipal elections across the New York City area. Notably, several communities in the U.S. have previously allowed noncitizens to vote in local elections, including 11 towns in Maryland and two in Vermont.
