Appeals Court Strikes Down NYC Law That Grants Voting Rights to 800,000 Noncitizens

Republicans have asserted that the Democratic long-game for promoting open-border policies is to skew the electorate.

President Joe Biden has claimed his policies are designed to show compassion — Republicans allege open border policies are designed to stack the voting deck with people unfamiliar with America’s history and values who would be inclined to vote with the party that allowed them to illegally enter the country.

In 2022, New York City, whose police officers and city leaders are currently decrying the influx of illegal immigrants into the city, approved a law allowing approximately 800,000 “noncitizens” to vote in municipal elections.

CBS 2 reported that New York City was the first city in America to approve such a measure.

The law was immediately challenged by Staten Island Borough President Vito Fossella (R) and Assemblyman Michael Tannousis (R-Staten Island).

In June 2022, Justice Ralph Porzio of the lower Staten Island Court ruled the law unconstitutional. Mayor Eric Adams, who in late 2023 declared that “immigrants were ruining his city,” appealed the lower court’s decision.

On Wednesday, Appellate Judge Paul Wooten announced a decision on the matter. An excerpt from the 3-1 majority ruling read: “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 ruling noted that the state constitution stated the right to vote was a privilege “only citizens” of the state enjoyed.

Wooten wrote: “Article IX provides that the elected officials of ‘local governments’ shall be elected by ‘the people,’ which incorporates by reference the eligibility requirements for voting under article II, section 1, applying exclusively to ‘citizens.’”

The New York Post reported that Judges Angela Iannacci and Helen Voutsinas concurred with the ruling. Judge Lilian Wan issued a dissenting opinion.

In her dissent, Wan wrote: “The majority, by deeming the noncitizen voting law invalid, effectively prohibits municipalities across the state from deciding for themselves the persons who are entitled to a voice in the local electoral process.”

Wan added: “The majority’s determination also disenfranchises nearly one million residents of the City, despite the fact that its people’s duly elected representatives have opted to enfranchise those same residents.”

Celebrating the ruling, Assemblyman Tannousis said: “During a time where nearly 200,000 migrants have flooded our city and streets, disrupting the public and attacking our police officers, my colleagues and I have worked tirelessly to protect our voting laws which were created for citizens of the United States.”

“Democracy always wins and I am proud to say it was delivered yet again today.”

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