Results 1 to 1 of 1
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)
-
02-22-2024, 06:46 PM #1
Landmark Decision: Appeals Court Strikes Down NYC Law Permitting 800K Noncitizens and
Landmark Decision: Appeals Court Strikes Down NYC Law Permitting 800K Noncitizens and Illegal Alien “Dreamers” to Vote as Unconstitutional
By Jim Hᴏft
Feb. 22, 2024 2:00 pm
In a groundbreaking ruling, the Supreme Court of the State of New York, Appellate Division: Second Judicial Department, has overturned a New York City law that would have allowed noncitizens to vote in municipal elections.
The ruling issued Wednesday affects an estimated 800,000 legal residents who are not citizens and illegal alien “dreamers,” thwarting the city’s efforts to expand the electorate in local races.
Dreamers are illegal immigrants who came to the United States as children, lived, and attended school here.
This decision upholds a lower court ruling issued by Staten Island Supreme Court Justice Ralph Porzio in June 2022. The ruling, which Mayor Eric Adams and the City Council had attempted to overturn, stands as a significant rebuke to the city’s legislative body and its executive.
The law, passed in December 2021 but faced with immediate legal challenges, aimed to create a class of “municipal voters” consisting of noncitizens who reside in New York City.
“The local law created a new class of voters called “municipal voters” who would be entitled to vote in municipal elections for the offices of mayor, public advocate, comptroller, borough president, and council member. The law defines a “municipal voter” as “a person who is not a United States citizen on the date of the election on which he or she is voting,” and who meets the following criteria: (1) “is either a lawful permanent resident or authorized to work in the United States”; (2) “is a resident of New York [C]ity and will have been such a resident for 30 consecutive days or longer by the date of such election”; and (3) “meets all qualifications for registering or pre-registering to vote under the election law, except for possessing United States citizenship, and who has registered or pre-registered to vote with the board of elections in the city of New York under this chapter.”
The case, Vito J. Fossella et al. v Eric Adams etc. et al., centered on the interpretation of Article II, Section 1, and Article IX of the New York State Constitution, which references “citizens.”
The court’s decision, outlined in a 43-page document, delves into the intricate legal arguments presented by both the defendants and defendants-intervenors.
In his ruling, Judge Wooten suggested that the law is unconstitutional.
“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,” Judge Wooten said in the 3-1 majority decision.
The judges concurred that the state constitution explicitly defines the right to vote as pertaining to citizens only, referencing Article II, section 1, which grants voting eligibility exclusively to citizens.
https://www.thegatewaypundit.com/202...-down-nyc-law/
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
Similar Threads
-
1st appeals court to weigh Trump's decision to end DACA
By Judy in forum illegal immigration News Stories & ReportsReplies: 3Last Post: 05-15-2018, 12:19 PM -
Federal appeals court strikes down Texas voter ID law
By JohnDoe2 in forum General DiscussionReplies: 2Last Post: 07-20-2016, 04:53 PM -
New York appeals court strikes down DOMA
By JohnDoe2 in forum Other Topics News and IssuesReplies: 0Last Post: 10-18-2012, 01:37 PM -
State appeals court's decision on illegal immigration law
By Ratbstard in forum illegal immigration News Stories & ReportsReplies: 0Last Post: 08-15-2011, 08:27 PM -
D.C. Court of Appeals decision will attract more illegals
By ICEstorm in forum illegal immigration News Stories & ReportsReplies: 0Last Post: 12-27-2010, 10:21 PM
Arizona GOP pushing tough, new border policies, but faces strong...
05-05-2024, 10:24 AM in illegal immigration News Stories & Reports