NYC Takes Noncitizen Voting Fight To State's Highest Court

NEW YORK CITY — A fight over a controversial law that would allow 800,000 noncitizen New York City residents to vote in local elections is headed to the state's highest court.

A notice of appeal filed on behalf of City Council members Monday with the State Court of Appeals that seeks to reverse a recent ruling striking down the noncitizen voting law, known as Local Law 11.

"The Council passed Local Law 11 of 2022 to enfranchise 800,000 New Yorkers who live in our city, pay taxes, and contribute to our communities," said Rendy Desamours, a spokesperson for the Council.

"Today’s filing to appeal the Second Department’s recent decision seeks a determination from the state’s highest court that the law is consistent with the State Constitution, Election Law, and the Municipal Home Rule Law. Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement."

The voting law passed the Council in December 2021, with supporters arguing that it's only fair to give the right to vote to immigrant residents who pay taxes and contribute to the city.

Permanent residents — or green card holders — and those with the legal right to work in the United States would be able to vote in municipal elections and on local ballot initiatives under the law.

But opponents, such as Staten Island Council Member Joe Borelli, argued the law violated the state's constitution and local law. Borelli was one of several Republican lawmakers who sued over the law, prompting a Staten Island judge to strike it down.

The decision in Staten Island led to an appeal that a state appellate panel itself struck down in February.

Borelli, after his Council peers announced the appeal, tweeted that it was a lost cause.

"We won twice, we’ll win thrice," he tweeted. "The law is as plain as day."