Landmark Decision: Appeals Court Strikes Down New York City Law Permitting 800,000 Noncitizens & Illegal Alien “Dreamers” to Vote as Unconstitutional

Published: February 23, 2024 - By Jim Hoft - Gateway Pundit

In a groundbreaking ruling, the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, overturned a New York City law that would have allowed noncitizens to vote in municipal elections. The ruling affects an estimated 800,000 legal resident ‘dreamers’ who are not citizens. The court order thwarted the city’s efforts to expand the electorate voter base in local races. Dreamers are illegal immigrants who came to the United States as children, lived, and attended school here. The law aimed to create a class of “municipal voters” consisting of noncitizens who reside in New York City.

In a groundbreaking ruling, the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, has overturned a New York City law that would have allowed noncitizens to vote in municipal elections.

The ruling issued Wednesday affects an estimated 800,000 legal residents who are not citizens and illegal alien “dreamers,” thwarting the city’s efforts to expand the electorate in local races.

Dreamers are illegal immigrants who came to the United States as children, lived, and attended school here.

This decision upholds a lower court ruling issued by Staten Island Supreme Court Justice Ralph Porzio in June 2022. The ruling, which Mayor Eric Adams and the City Council had attempted to overturn, stands as a significant rebuke to the city’s legislative body and its executive.

The law, passed in December 2021 but faced with immediate legal challenges, aimed to create a class of “municipal voters” consisting of noncitizens who reside in New York City.

“The local law created a new class of voters called “municipal voters” who would be entitled to vote in municipal elections for the offices of mayor, public advocate, comptroller, borough president, and council member. The law defines a “municipal voter” as “a person who is not a United States citizen on the date of the election on which he or she is voting,” and who meets the following criteria: (1) “is either a lawful permanent resident or authorized to work in the United States”; (2) “is a resident of New York [C]ity and will have been such a resident for 30 consecutive days or longer by the date of such election”; and (3) “meets all qualifications for registering or pre-registering to vote under the election law, except for possessing United States citizenship, and who has registered or pre-registered to vote with the board of elections in the city of New York under this chapter.”

The case, Vito J. Fossella et al. v Eric Adams etc. et al., centered on the interpretation of Article II, Section 1, and Article IX of the New York State Constitution, which references “citizens.”

The court’s decision, outlined in a 43-page document, delves into the intricate legal arguments presented by both the defendants and defendants-intervenors.

In his ruling, Judge Wooten suggested that the law is unconstitutional.

“We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void,” Judge Wooten said in the 3-1 majority decision.

The judges concurred that the state constitution explicitly defines the right to vote as pertaining to citizens only, referencing Article II, section 1, which grants voting eligibility exclusively to citizens.

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