In 6-1 decision, New York high court finds New York City’s non-citizen voting law violates state constitution

From the majority opinion in Fossella v. Adams:

On December 9, 2021, the New York City Council passed a bill entitled “A Local Law to amend the New York city charter, in relation to allowing lawful permanent residents in New York city to vote in municipal elections.” Shortly thereafter, Mayor Bill de Blasio left office without signing or vetoing the bill. Upon taking office on January 1, 2022, Mayor Eric Adams also neither signed nor vetoed it. Accordingly, pursuant to section 37 (b) of the New York City Charter, the bill became effective on January 9, 2022 as Local Law 11.

Local Law 11 granted some noncitizens the right to vote in certain elections for elective offices in New York City. The same day Local Law 11 became effective through Mayoral inaction, plaintiffs brought this action seeking to declare Local Law 11 null and void on the grounds that it violates the New York State Constitution, the New York State Election Law, and the Municipal Home Rule Law. We hold that Article II, Section 1 of our Constitution limits voting to citizens, and affirm on that ground.

Early coverage at the Gothamist and Bloomberg.

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