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| -Land of the Free | |
| New York City law to let non-citizens vote ruled unconstitutional in appellate court | |
| 2024-02-22 | |
A New York state appeals court has denied an attempt by New York City leaders to implement a law that would let non-citizens vote in local elections. In a 3-1 ruling issued Wednesday by the Appellate Division for the Second Judicial Department, the body said the law violated the New York Constitution and Municipal Home Rule Law. It "must be declared null and void," the court said in a 43-page ruling. The law was passed in December 2021 by the City Council and created a class of "municipal voters," comprising non-citizens who reside in the city for at least 30 days before an election and register or pre-register to vote. Municipal voters would be granted the right to participate in elections for mayor, public advocate, comptroller, borough president and council member. The law faced legal challenges almost immediately. It would have applied to some 800,000 new eligible voters in a city of 8.5 million. However, the appellate court said that the clause in the state constitution that says "every citizen shall be entitled to vote…" applies exclusively to U.S. citizens. "As there is no reference to non-citizens, and thus, an irrefutable inference applies that non-citizens were intended to be excluded from those individuals entitled to vote in elections," the court said. New York Mayor Eric Adams enacted the law upon taking office in January 2022. It was ruled illegal several months later. The mayor defended the law and appealed a lower ruling against it. Fox News Digital has reached out to Adams' office and it was not clear if he would appeal Wednesday's ruling. Many Democrats championed the law, saying it would make the city's politics more inclusive, while Republicans contended it could lead to voter fraud and that Democrats were only looking to pad their numbers. "Great news! We won in the appellate court and @NYCMayor’s attempt to implement the law to register non-citizens to vote in #NYC elections has been struck down," U.S. Rep. Nicole Malliotakis, R-New York, posted on X. "This is a big victory in preserving both the integrity of our elections & the voice of American citizens! Malliotakis, who represents New York's borough of Staten Island, was one of several plaintiffs to sue over the law, along with Borough President Vito Fossella. "Fortunately, common sense prevails in New York, thanks to the decision reached by the Appellate Division, Second Judicial Department. The New York State Constitution is clear in that only citizens can vote in our local elections. It is simply irresponsible and nonsensical to extend this right to non-citizens. We are pleased that the Appellate court shared this understanding. This is a win for New York citizens and upholds the integrity of our elections," Fossella said. The New York Immigration Coalition said it was disappointed in the ruling. | |
| Posted by:Skidmark |
| #11 New York city will ignore the ruling. |
| Posted by: DarthVader 2024-02-22 17:09 |
| #10 Who had "Undocumented Citizen" on their Bingo card? Come get yer prize. |
| Posted by: Rex Mundi 2024-02-22 13:57 |
| #9 The only law in New York is whether Karen likes you or not. |
| Posted by: swksvolFF 2024-02-22 12:57 |
| #8 Biden can pardon them, but their continued presence is a new violation until they have individual paperwork authorizing them to stay. To my knowledge, Joe can’t hand out citizenship. |
| Posted by: Super Hose 2024-02-22 12:18 |
| #7 ^ Oh, you can bet that would be litigated right quick. |
| Posted by: M. Murcek 2024-02-22 10:59 |
| #6 What they don't consider - Presidential pardon to all Americans for any 'crime' that their grandparents or prior generation may have committed against anyone. In one fell swoop, destroy the victim industry. |
| Posted by: Procopius2k 2024-02-22 10:41 |
| #5 Remember: Blanket amnesty for Illegals in 1970's and few in between also... Plus the Biden Regime's blanket amnesty for Simple Possession of Marijuana convictions prior to 2023. |
| Posted by: NN2N1 2024-02-22 09:59 |
| #4 MM: what about Carter pardoning Viet Nam draft dodgers in Canada? Perhaps they did name them individually... |
| Posted by: Frank G 2024-02-22 08:46 |
| #3 ^Consistency is a hobgoblin of bourgeois minds. |
| Posted by: Grom the Reflective 2024-02-22 07:52 |
| #2 I could be wrong, but I think you have to explicitly name the person being pardoned. Not sure a "class-action" pardon is possible. Also, it would be an admission that those individuals did in fact commit a crime by crossing the border. The dems have been resisting that admission up to now. |
| Posted by: M. Murcek 2024-02-22 07:37 |
| #1 Will my prediction come true? Biden Regime to issues Illegals a WH pardon and then grant Citizenship to 8 Million voter age Illegals? |
| Posted by: NN2N1 2024-02-22 07:15 |