New York City Council appeals decision to strike down non-citizen voting law

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NEW YORK — The New York City Council filed a notice of appeal Monday to the state’s highest court in support of a 2022 law it passed granting municipal voting privileges to non-citizens with green cards or work authorizations.

“Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement,” council spokesperson Rendy Desamours said in a statement, adding that the legislative body finds the law consistent with the state constitution, election law and municipal home rule.

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The legislation was ruled unconstitutional one month ago by the Appellate Division for the Second Judicial Department in New York.

It had sought to allow an estimated 800,000 eligible non-citizens to cast ballots in city elections including those for mayor and City Council. But Local Law 11 of 2022 had been challenged by a coalition of right-leaning elected officials, including Staten Island Republicans Vito Fossella, Joe Borelli and Nicole Malliotakis. They argue the right to vote is sacred to U.S. citizens and the legislation is unconstitutional.

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