A state appeals court has invalidated a law that aimed to extend municipal voting rights to nearly one million noncitizen residents.
The legislation, if upheld, would have granted voting privileges to individuals like Staten Island resident Hina Naveed. Naveed, a registered nurse and attorney born in Pakistan and raised in the United Arab Emirates, arrived in the United States at the age of 10. As a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program, she stood to benefit from the proposed law.
However, a panel of appellate justices, in a 3-1 decision, deemed the law unconstitutional under the New York State Constitution. This ruling upheld a previous decision by a Staten Island judge in 2022, prompting Mayor Eric Adams and the city to appeal.
Staten Island Borough President Vito Fossella hailed the court’s decision as a victory for common sense. Fossella, a plaintiff in the lawsuit alongside other conservative politicians and naturalized citizens, emphasized the importance of upholding the rights of citizens who had followed the legal immigration process.
The legislation aimed to extend voting eligibility in citywide offices, the city council, and borough presidencies to an estimated 800,000 lawful permanent residents or individuals authorized to work in the United States, provided they had been New York City residents for at least 30 days and met other voter registration criteria.
In the majority opinion, Appellate Judge Paul Wooten stated, “The plain language of this provision provides that the right to vote in ‘every election for all officers elected by the people’ is available exclusively to citizens.”
However, Appellate Judge Lillian Wan dissented, arguing that the key provision in the state constitution did not directly apply to local elections.
Fossella reiterated his opposition to noncitizens voting, asserting that citizenship should hold value and expressing concerns about diluting the voting power of ordinary citizens.
Naveed, on the other hand, emphasized the principle of no taxation without representation, highlighting her substantial tax contributions despite lacking a voice in choosing her representatives.
She urged Mayor Adams to appeal the decision to the state’s highest court, while a spokesperson for the city’s Law Department confirmed that officials are reviewing the court’s decision and considering their next steps.