Republicans Sue To Stop Non-Citizens From Voting in New York City 

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In a case that could have a huge impact on municipal elections for years to come, New York City today was sued by the state and national Republican parties over its new law allowing non-citizens to participate in municipal elections.

The suit, filed in state court, contends the law is unconstitutional, saying it violates the second and ninth articles of the state’s preeminent parchment. It also claims the measure runs afoul of New York State’s election law and the municipal home rule law.

“American elections should be decided by American citizens,” Ronna McDaniel, chairwoman of the Republican National Committee, 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.”

Other plaintiffs in the case include City Council members who opposed the measure and Congresswoman Nicole Malliotakis, a New York Republican.

The lawsuit contends the state constitution “expressly connects the right to vote with citizenship.” Also cited in the lawsuit is Chapter 17 of the Laws of New York, which says: “No person shall be qualified to register for and vote at any election unless he is a citizen of the United States.”

Allowing non-citizens to vote “not only will undermine the credibility of local city elections but will undoubtedly interfere with the integrity of state and national elections across New York State,” Nick Langworthy, chairman of New York’s Republican Party, said.

Advocates of the new law as well as the mayor’s office and the city’s Board of Elections were so far unavailable for comment. A City Hall spokesman told Roll Call that Mr. Adams’ administration “intends to vigorously defend the law in court.”

The RNC also has stepped in to challenge two similar laws passed by local governments in Vermont. Those cases, filed in September, are currently pending. The RNC recently asked for more time to respond to demands to dismiss the suits.

Even though state law authorized those towns to let non-citizens vote, the RNC lawsuits contend that Vermont’s constitution “requires U.S. citizenship as a qualification of voting.”

“This is a matter of principle and we will fight in all 50 states to ensure this remains the case,” Ms. McDaniel said.

The New York lawsuit was filed just after the City Council measure went into effect on Saturday.

The law allows more than 800,000 non-citizen residents of the city to register in political parties and vote in municipal elections. Non-citizens would not be allowed to vote in state or national elections.

With all these potential new voters, the Republicans warn, non-citizens could make up “15 percent or more of the electorate in future New York City elections.” They contend that number is “greater than the margin of victory in many municipal elections.”

The bill passed the council December 9 with a veto-proof 36 to 15 majority. Mayor Adams’s support came after some earlier questioning.

“While I initially had some concerns about one aspect of the bill, I had a productive dialogue with my colleagues in government that put those concerns at ease,” Mr. Adams said in a statement.

“I believe allowing the legislation to be enacted is by far the best choice, and look forward to bringing millions more into the democratic process,” he added. Mr. Adams let the bill go into effect without signing it.

In December, the Staten Island borough president promised to challenge the measure in court. “One of the great privileges of being a citizen is the right to vote,” Vito Fossella said. “I will initiate legal action to preserve the sanctity of the vote.”

The Our City Our Vote campaign, which supported the New York City law, says that “no federal or state law explicitly prohibits NYC from expanding the right to vote in local elections.”

In an editorial December 10, The New York Sun observed that, due to increased support for Republicans among Hispanic voters in opinion polls, Democrats may come to regret their choice to expand the electorate to include non-citizen voters.

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Image: Mayor Adams in a file photo.


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