By Bernadette Hogan and Bruce Golding
A New York City law allowing non-citizens to vote in local elections was struck down Monday by a judge who said it violated both the state constitution and various provisions of state law.
Staten Island Supreme Court Justice Ralph Porzio also issued a permanent injunction that bars the city Board of Elections from letting around 800,000 non-citizen residents register to vote.
In a 13-page ruling, Porzio said city officials can’t “obviate” restrictions in the state constitution, which “expressly states that only 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,” he wrote.
Porzio said the city’s move also violated sections of the state’s Election Law and Municipal Home Rule Law.
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City Council Minority Leader Joe Borelli (R-Staten Island), among the plaintiffs who challenged the law, hailed the ruling, saying it “validates those of us who can read the plain English words of our state constitution” and accused the measure’s proponents of seeking to “skirt the law for political gain.”
“Opposition to this measure was bipartisan and cut across countless neighborhood and ethnic lines, yet progressives chose to ignore both our constitution and public sentiment in order to suit their aims,” he said in a prepared statement.
“I commend the court in recognizing reality and reminding New York’s professional protestor class that the rule of law matters.”
The council overwhelming passed the “Our City, Our Vote” bill in December, paving the way for the Big Apple’s green-card holders and residents with work visas — about 10% of the city’s population — to vote in local elections but not state or national races.60What do you think? Post a comment.
Former Mayor Bill de Blasio declined to sign or veto the bill and Mayor Eric Adams — who said he supported the measure despite initial “concerns” — allowed it to automatically become law without his signature 30 days after its passage.
City Hall didn’t immediately say whether it would appeal Monday’s ruling.