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NYC Non-Citizen Voting Law Struck Down as Unconstitutional

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Clear Facts

  • A New York City law that would have permitted non-citizens to vote in local elections has been declared unconstitutional by a state appeals court.
  • The law was intended to allow approximately 800,000 green card holders and individuals with federal work authorization to vote in the city’s elections, including mayoral and City Council elections.
  • The court’s 3-1 ruling determined that the state’s constitution clause that reads “every citizen shall be entitled to vote” only referred to U.S. citizens.

In a significant ruling, a New York City law that aimed to extend voting rights to non-citizens in local elections was struck down by a state appeals court on Wednesday. The law, if implemented, would have granted voting rights to nearly 800,000 green card holders and individuals with federal work authorization residing in New York City.

The law was met with opposition from both Democratic and Republican elected officials, leading to a prolonged legal battle. The court’s decision on Wednesday represents a setback for the Democrats who had backed the law.

Associate Justice Paul Wooten of the Appellate Division for the Second Judicial Department in New York wrote in the Wednesday ruling, “We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void.” The court’s 3-1 ruling clarified that the state’s constitution clause that reads “every citizen shall be entitled to vote” pertains only to U.S. citizens.

The law, first introduced in January 2022, did not go into effect due to a series of legal challenges. Several Republican officials immediately sued after its introduction, and a lower court ruled against it months later. Despite the opposition, Democratic Mayor Eric Adams and his administration supported the law and sought an appeal, which was ultimately rejected by the state court on Wednesday.

Progressive Democrats had thrown their full support behind the law, referred to as the “Our City, Our Vote” bill, arguing that it would make elections more inclusive for the city’s large non-citizen and migrant population. Republicans, on the other hand, largely opposed the law, asserting that it would lead to massive voter fraud and primarily serve to bolster the Democratic base in elections.

Council Republican leader Joe Borelli expressed his satisfaction with the ruling, stating, “I won baby, I won. This was an easy case. All they had to do was read the state constitution and municipal law. The criticism falls on the proponents of the bill.”

However, the ruling was met with disappointment by the New York Immigration Coalition, a progressive organization that had supported the law. NYIC Executive Director Murad Awawdeh said in a statement on Wednesday, “The lawsuit remains another shameful attempt by xenophobic Republicans who would disenfranchise residents rather than promote a more inclusive and participatory democracy. Immigrant New Yorkers deserve a say in how their local government functions and spends their tax money, and we remain committed to ensuring the expansion of voting rights.”

While non-citizen voting is not a common occurrence in the U.S., there are some regions advocating for it. Washington D.C. passed a similar law in 2022, which is currently facing legal opposition. Meanwhile, the state of Arizona has a clause in its Election Procedures Manual that could potentially allow non-citizens to vote in federal elections.

Clear Thoughts (op-ed)

The recent ruling against New York City’s law to allow non-citizens to vote in local elections is a victory for the sanctity of American citizenship and the democratic process. This misguided legislation threatened the very fabric of our democracy and the value of being a U.S. citizen.

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The court’s 3-1 decision is a strong reminder that voting rights are indeed reserved for U.S. citizens, as clearly stated in the state constitution. It is astonishing that progressive Democrats would push for a law that undermines the importance of citizenship and opens the door for potential voter fraud.

The opposition to this law was not merely a partisan issue, as both Democratic and Republican elected officials fought against it. This ruling should serve as a warning to other regions considering similar legislation, such as Washington D.C. and Arizona. Voting rights should remain exclusive to U.S. citizens, ensuring the integrity of our democratic system and the value of American citizenship.

Let us know what you think, please share your thoughts in the comments below.

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10 Comments

10 Comments

  1. Sherley

    February 26, 2024 at 6:43 am

    Only US citizens should be allowed to vote. We all knew democrats would pull this Bull.

    • EMMA

      February 26, 2024 at 11:45 am

      JUST LIKE WE ALL KNOW. DEMOCRATS WIN ONLY BY CHEATING. THIS IS WHY WE HAVE A INSTALLED SENILE PRESIDENT THANKS TO OBAMA. PUT THEM ALL IN PRISON. AMERICANS STOP THIS, VOTE TRUMP IN 2024.

  2. mountainman

    February 26, 2024 at 7:33 am

    The fact that illegal immigrants have flooded this country, more than the population of 36 states, means that they could possibly start to run this country if allowed to vote. So be prepared to become a 3rd world country where as a citizen you can be strioed of your rights.

    • Weasler

      February 26, 2024 at 11:08 am

      Yes, but thankfully, even the New York State Supreme Courts sees this is not legal.

  3. The NC Taxman

    February 26, 2024 at 8:02 am

    If these folks want to vote, it is very simple = Become a US Citizen! How hard is that?

  4. Old wolf

    February 26, 2024 at 11:19 am

    Imagine if it was Trump that opened the borders and gave millons to illegals and tryed to have them vote for him illegal or not. You know damn well how the democrats would act on that. Yet they have no problem trying to doing the same thing. they would cry at the sky for hours on that one like they did when Hillary couldnt win one for the gripper. Or was it the 2nd time she couldn’t win one. I for one hope she trys again, a 3 time loser would break her once and for all. As you can see she still crying over the 2nd lost and still can’t win one for the democrats. It’s everyones fault but her own, Or so she thinks. No one wants her, not even billy boy. Lmao

  5. Bob Gyu

    February 26, 2024 at 11:34 am

    This article is incomplete. Can you publish a list of the proponents of the Bill? Their attempts to pass unconstitutional bills should be recognized and have light cast upon their persistent behavior which is contrary to the rights of the citizenry which they have pledged to uphold under the oath of office they had taken.

  6. Brad Tobin

    February 26, 2024 at 2:58 pm

    Only a person who does not support our Constitutional Republic would think it’s ok for a NON Citizen to vote in “anything” which leads me to say…”Crystal Clear News”…We are NOT a democracy, We are a Constitutional Republic. Your statement “This misguided legislation threatened the very fabric of our democracy” just shows your ignorance. Wake up, do you need a Red pill?

  7. Ann Mueller

    February 26, 2024 at 5:22 pm

    This is a slap in the face to all citizens. Have the Democrats in some of these cities have no conscience at all? They continue to show their hatred for our Country and any Rule of Law. I’m so totally disgusted and concerned at how communistic our Country has been allowed to fall.

  8. James Thomas

    February 27, 2024 at 11:58 am

    It is a wonderful thing to strike down ILLEGALS FROM VOTING. The comment about Arizona having some way for Illegals to vote in National Elections is quite disturbing. NEVERTHELESS, ILLEGALS ACTUALLY DO GET ALLOWED TO VOTE IN NATIONAL ELECTIONS DUE TO THE STATES BEING ABLE USE TOTAL POPULATION {INCLUDING ILLEGALS] TO DETERMINE THE NUMBER OF ELECTORAL COLLEGE VOTES THAT ARE GIVEN TO THE STATES BASED ON TOTAL POPULATION. I believe this practice should not allow for the illegals to be counted in a states’ total population DUE TO BIDEN’S OPEN BORDER POLICY. I repeat due to Biden’s open door policy. WE AHAVE NO IDEA WHERE ALL THESE MILLIONS OF ILLEGALS ARE LOCATED, AND THEY CAN MOVE ABOUT WHEREVER THEY WANT.We have no idea where they are and what state they are remaining. They may be counted as population in several states.

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