NYC Council asking state’s highest court to let non-citizens vote in local elections after law struck down

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A neighborhood in Congresswoman Alexandria Ocasio-Cortez’s Queens district has been described as looking like a Third World country as desperate migrants block up sidewalks selling used clothes and other goods. CREDIT: Ramses Frias

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The New York City Council is asking the state’s highest court to reverse rulings that struck down a law that would let non-citizens vote in local elections. 

An appeals court in February ruled the election law, passed by the council in 2021, unconstitutional. The law would have let upwards of 800,000 green card holders vote in local elections. 

“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,” council spokesperson, Rendy Desamours, said in a statement. “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.”

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Voters casting their ballots at a polling station during early voting in Brooklyn, New York City, U.S. The New York City Council is appealing a ruling that struck down a law that would let non-citizens vote in local elections.  (Lokman Vural Elibol/Anadolu Agency via Getty Images)

Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement,” he added. “We look forward to the Court of Appeals’ consideration of the Council’s appeal.”

The case will head to the New York Court of Appeals.

Mayor Eric Adams, who supported the law, has not commented about the appeal. Fox News Digital has reached out to his office. 

Immigration activists praised the council’s decision.

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“Immigrants are the backbone of New York’s economy and communities. But despite their contributions as taxpayers and community-members, many immigrant New Yorkers do not have the right to participate in local decision-making,” said Murad Awawdeh, president and CEO of the New York Immigration Coalition. “The Our City, Our Vote legislation was supposed to change that, by empowering nearly one million New Yorkers with permanent residence status or work authorizations the opportunity to vote in municipal elections. This case is just one more example of how Republicans are using the courts to disenfranchise Black and Brown voters across the country.”

After its passage, the law was challenged by Republican lawmakers. U.S. Rep. Nicole Malliotakis, a Republican who represents Staten Island, was a plaintiff in the lawsuit that got it struck down. 

The Big Apple spends $387 on feeding and housing each migrant daily as the city sets out to reduce spending. (Getty Images)

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“There is nothing more important than preserving the integrity of our election system and this unconstitutional law that has been struck down in two consecutive wins only diminished the voices of our citizenry,” she said Friday in response to an immigrant activist group that is also challenging the earlier ruling. “I urge the City to not waste more taxpayer money to join this appeal and instead focus on the needs of hardworking New Yorkers who are facing so many quality of life and public safety issues.”

The legal challenge comes as concerns increase over the influx of asylum seekers in the city, which has strained public resources and put renewed attention on crimes involving migrants, 

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.