Non-Citizen New Yorkers Join the Defense of City’s Newest Voting Law

Nine ‘intervenor-defendants’ will join the case on the side of City Hall. If successful, all of them will have gained the right to vote in local elections starting in 2023.

AP/Eric Gay
Latinos are now the second-largest voting bloc in the country, and both parties battle to woo them. AP/Eric Gay

New York City immigrants are stepping up to defend the city’s new non-citizen voting law in court — even as the Board of Elections appears to be backtracking in its defense of the measure.

A lawsuit filed by Republicans in a Staten Island court claims the new city law, which allows non-citizen residents to vote in elections, violates state laws and New York’s constitution.

Nine “intervenor-defendants” will join the case on the side of City Hall. If successful, all of them will have gained the right to vote in local elections starting in 2023, following the passage of the “Our City, Our Vote Bill.”

Cornell Law defines an intervenor as someone entering “into an existing civil case who was not named as an original party but has a personal stake in the outcome.”

In this case the intervenors seek to prevent the law from being overturned and thus being “stripped of their voting rights,” they wrote in a court filing.

That gives the intervenors “a real and substantial interest in the case,” in contrast with “the government officials named as defendants,” the filing says.

The nine immigrants were granted permission to join the defense of the lawsuit in a ruling by a state Supreme Court judge, Ralph Porzio, last week.

The defendants in the case include the City Council, Mayor Adams, and the Board of Elections. Although they promised to defend the law, recent legal filings and months of delays suggest that the case has been relegated to the back burner. 

“The opportunity to now vote in New York City’s municipal elections is important to me because it marks a major step forward for so many of us who live, work, and contribute to this city,” one of the intervenors, Emili Prado, wrote.

Ms. Prado,  23, is from Mexico and has lived in New York City for 21 years.

Staten Islander Hina Naveed, a nurse and lawyer, will join the defense as well. Ms. Naveed has lived in New York for 14 years, arriving from Pakistan.

“I am a proud nurse and attorney,” Ms. Naveed wrote. “Both of my degrees are from New York City institutions.” 

She holds a bachelor of science in nursing from the College of Staten Island and a juris doctorate from the City University of New York School of Law.

New York City’s new law allows any “lawful permanent resident” or person “authorized to work in the United States” that “is a resident of New York City” for 30 days or longer to vote in the city’s municipal elections.

This law would enfranchise more than 800,000 non-citizen residents to participate in the city’s democracy. 

The intervenors’ enthusiasm to defend the law contrasts with recent actions — or a lack thereof — by the defendants.

In one filing, the Board of Elections observed that it was not “a necessary and indispensable party in this action.” The board also appeared to agree with the Republicans suing the city about the validity of at least one part of the new voting law.  

They requested that the court declare one of the law’s provisions, requiring the board provide newly registered non-citizen voters with registration confirmation letters, “null and void.” The board said this provision had gone “beyond the jurisdiction of the New York City Council with respect to the BOE.”

The Board of Elections did not immediately respond to requests for comment.

Meanwhile, the intervenors in the case also noted Mr. Adams’s half-hearted endorsement of the law at its inception, saying he “did not sign the bill into law. Instead, he declined to veto it, allowing it to pass into law.”

Mr. Adams has previously said that he would defend the law,  asserting in January: “I think it’s imperative that people who are in a local municipality have the right to decide who’s going to govern them.”

The city law department stands by Mr. Adams’s words. “We’re going to vigorously defend the law,” a department representative told The New York Sun. “We’re filing court papers in the coming weeks.”


The New York Sun

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