Republicans claim intentional delays by New York City’s Board of Elections are slowing consideration of a lawsuit challenging as unconstitutional the new law that allows noncitizens to vote in city elections for the first time.

The delays leave uncertain the status of more than 800,000 potential voters, a bloc that could reshape politics in New York City.

Republicans also contend opening voting to noncitizen residents would violate New York State’s election law and municipal home rule law. The suit was filed in state court at Staten Island on January 10.  

The mayor and City Council have denied allegations that the noncitizen voting law is illegal or infringes upon any rights of New York City’s residents. They also questioned the plaintiffs’ standing. 

The plaintiffs in the case include City Council members who opposed the measure as well as Congresswoman Nicole Malliotakis and the Republican National Committee.

“American elections should be decided by American citizens,” the chairwoman of the Republican National Committee, Ronna McDaniel, has said in a statement. “The RNC is suing to protect the integrity of our elections, and we stand ready to do the same wherever Democrats try to attack the basic security of your ballot.”

Republicans warn that noncitizens could make up “15 percent or more of the electorate in future New York City elections,” and that that number is “greater than the margin of victory in many municipal elections.”

The Board of Elections has until March 28 to file its response, following multiple extensions. The delays have led lawyers representing the Republican Party to allege that the board is playing out the clock. The primary elections are scheduled for June 28.

On March 3 they wrote that the timing of the board’s request for an extension “strongly suggests that this is a dilatory tactic,” noting that because the board “has already known about this case for several weeks, a 3-4 week extension is not warranted.”

The Board of Elections insists that the extensions are warranted. The most recent was to allow the body to seek “last minute” legal advice from outside counsel. Previous extensions have reportedly been based on procedural issues as well as the “the enormous task of election district reapportionment.”

The initial response was due on February 2. It was then extended to February 16 because papers were served improperly and then again to February 25 with “assurances that we will not seek additional time barring some unusual and unexpected major occurrence.”

The New York Sun asked if the Board of Elections believed “dilatory” tactics was a fair characterization of its activities. “The Mayor and the Council have said they would vigorously defend this law, and we’ve formally begun that process with the filing of today’s answer,” a representative for the Board of Elections said.

Consideration of the lawsuit could begin as early as the end of the month, but legal representatives involved with the case believe any movement is unlikely until after the Board of Elections files its official response.