A bill creating the new class of non-citizen voters — potentially numbering as many as 900,000 new voters in New York City municipal elections — was passed by the New York City Council in December 2021, but not vetoed or signed by former Mayor Bill de Blasio. After 30 days without action from de Blasio, the bill was considered adopted under the council's rules.
As the order from Judge Porzio explains, the "New York State Constitution expressly establishes voting qualifications for local elections" and is "defined as a right of 'citizens.'" In addition, New York's election law "states only 'citizens' may vote in elections." And New York's home rule law also mandates that "local laws may not be inconsistent with the provisions of the Constitution or of any general law." The attempt to allow non-citizens to vote meant that the New York City Council was in violation of all three.
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