New York Supreme Court Strikes Down Law Allowing Noncitizens to Vote
The New York Supreme Court ruled Monday that a NYC law that went info effect in 2021 allowing noncitizens the right to vote is unconstitutional. There are approximately 800,000 to 1 million noncitizens in New York City. The ruling states that the law violated the New York Constitution, the state’s Election Law, and the Municipal Home Rule law (not to mention the US Constitution).
“It is clear to this Court that voting is a right granted to citizens of the United States… It is this Court’s belief that by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted…
The New York State Constitution expressly states that citizens meeting the age and residency requirements are entitled to register and vote in elections. The New York State Election Law reaffirms that citizens meeting the age and residency requirements are entitled to register and vote in elections. There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote and exceed the authority granted to it by the New York State Constitution. Though voting is a right that so many citizens take for granted, the City of New York cannot “obviate” the restrictions imposed by the Constitution.
The law created a new class of voters called “Municipal voters” and went into effect in December of 2021 automatically, without the signature of former Mayor Bill de Blasio. He stated the law seemed to raise serious legal questions, which is why he did not sign it. He could have vetoed it, but chose to let it go into effect. He believed the law would discourage noncitizens from becoming citizens.
Today we won our non-citizen voting lawsuit. I commend the judge for recognizing this has been illegal all along @SIBPVito @NickLangworthy @NewYorkGOP @NMalliotakis @senatorlanza @TeamReillyNY @MikeTannousis @CMDMCarr pic.twitter.com/M2hv86v2Ht
— Joe Borelli (@JoeBorelliNYC) June 27, 2022
“Our victory in court wasn’t necessarily complicated. The judge agreed with decades of testimony from both democratic & independent mayoral administrations & city attorneys that this state law just means what it says.”
Joe Borelli, New York City council Minority Leader
Will this presidential election be the most important in American history?
Judicial Order in New York … by Spencer Brown
A lawsuit by the Republican National Committee, a plaintiff in the lawsuit along with the New York GOP and several Republican lawmakers and voters concerned about the new policy was filed on Staten Island. In their response, the RNC stated they will continue to fight for election integrity across the nation. There are communities in several other states with these types of laws, including Maryland and California.
Today’s ruling is a huge victory for election integrity and the rule of law: American elections should be decided by American citizens.
Ronna McDaniel, RNC Chairperson
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H/T Uncle Sam’s Misguided Children
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- Sham Partisan Jan. 6 Committee Goals: ‘Imprison Trump, Destroy Electoral College, Nationalize Voting System’
- Fact check: Biden And Harris’ Lies About Elections, Voting Rights, Filibuster
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