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Democrats Left Reeling After Appeals Court Strikes Down New York City Law Allowing Non-Citizens (Illegal Migrants) To Vote

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(BPR) A law that New York City progressives passed in 2022 that would have allowed roughly 800,000 non-citizens to vote in local elections was struck down by an appeals court as unconstitutional on Wednesday.

“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,” Appellate Judge Paul Wooten wrote in the 3-1 majority decision, according to the New York Post.

 

The judge noted that the state constitution applies only to citizens having the right to vote in municipal as well as statewide elections for state legislative offices.

“Article IX provides that the elected officials of ‘local governments’ shall be elected by ‘the people,’ which incorporates by reference the eligibility requirements for voting under article II, section 1, applying exclusively to ‘citizens,’” Wooten wrote in his decision.

(Video Credit: FOX 5 New York)

“The decision upholds a lower court ruling issued by Staten Island Supreme Court Justice Ralph Porzio in June 2022, which Mayor Eric Adams and the City Council had appealed,” the New York Post reported.

“Writing for the Appellate Division’s 2nd Department, Wooten said that if noncitizens are allowed to vote, it stands to reason they could also run for mayor,” the media outlet added. “He ruled that such a dramatic change violated the Municipal Home Rule Law, saying the council and mayor had failed to put the issue on the ballot for voters to decide.”

“Progressive Democrats put their full support behind the law, dubbed by them as the ‘Our City, Our Vote’ bill that they claim would make elections more inclusive for the city’s massive non-citizen and migrant population. Republicans largely opposed the law, claiming that it would create massive voter fraud and only serve to give Democrats a win by bolstering their base in elections,” the Daily Callerwrote.

Judges Helen Voutsinas and Angela Iannacci concurred while Judge Lilian Wan dissented.

 

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