Democrats are pushing for legislation in New York that could give nearly one million noncitizens the right to vote in local elections.
Angry Republicans blasted the “crazy” effort since the state constitution grants the right to vote to “every citizen.” But Democrats are still solidly behind the idea as New York’s top court is set to hear arguments on Tuesday on whether the law allowing more than 800,000 noncitizen voters that passed last year can stand.
“It’s hard to discuss because it’s crazy it’s even an issue,” state Sen. Andrew Lanza, a Staten Island Republican, told Politico. “Citizens ought to vote; if you’re not a citizen of a country, you should not have a say.”
A bill allowing noncitizen voting became law in New York in 2022, allowing those with green cards and work permits living in the city for at least a month to vote in municipal elections. Two lower courts blocked the measure and Republicans have been staunchly opposed.
In a legal filing, attorneys for the city wrote, “In five City Council districts, non-U.S. citizens make up about a third of the adult population.”
“These New Yorkers pay billions in taxes and yet have no say in local policies on public safety, garbage collection, or housing — all matters that affect their day-to-day lives,” the filing continued.
“It’s unclear how quickly the law would take effect if the Court of Appeals upholds it. There would likely be only a few months between a decision and the voter registration deadline for the June primary, which might not provide enough runway to implement the change,” Politico reported. “A ruling in favor of the law would likely force the city’s political class to overhaul the calculus it applies to local races.”
Estimates indicate that an additional 800,000 people would be eligible to vote if the law is upheld, with Politico noting that “even if a fraction do [register to vote], that’s still a major expansion of the electorate.”
According to New York’s state constitution: “Every citizen shall be entitled to vote at every election for all officers elected by the people and upon all questions submitted to the vote of the people.”
In a 3 – 1 vote last year, an appellate court ruled that passing the law would mean an “irrefutable inference applies that noncitizens were intended to be excluded from those entitled to vote.”
“Anybody who actually applies the laws of this state to the facts will come to the conclusion that the decision of the appellate court should be affirmed,” Assemblymember Michael Tannousis, one of the GOP plaintiffs in the case, said.
He took issue with proponents of the measure such as the New York Immigration Coalition which declared after the decision by the appellate court: “The lawsuit remains another shameful attempt by xenophobic Republicans who would disenfranchise residents rather than promote a more inclusive and participatory democracy.”
“My parents came here for the American dream and became naturalized American citizens,” Tannousis said. “Becoming an American citizen is sacred for the individuals that come here to work hard. I do not think that people who do not go through the naturalization process should be allowed to vote or have a voice in our government.”