This lawsuit challenges the validity of a local law (the “Non-Citizen Voting Law”),
a copy of which is annexed here as Exhibit A, passed by the New York City Council on December 9, 2021,…….- citizens the right to vote in local New York City elections. Plaintiffs include state and national political parties, as well as United States citizens belonging to several different political parties who are either elected officials, qualified and registered voters in the City of New York, or state party officials.
- Plaintiffs contend that the Non-Citizen Voting Law is unconstitutional and violates Articles II and IX of the New York State Constitution as well as the State Election Law and the Municipal Home Rule Law.
- Plaintiffs seek a declaratory judgment that the Non-Citizen Voting Law is unconstitutional, violative of New York statutory law, and invalid, as well as an injunction permanently enjoining the Defendants, the Mayor and the New York City Board of Elections, from enforcing the law……
The Plaintiff establish that under the New York State Constitution, the people ofthe City ofNew York, consists of those citizens eighteen years of age or over who have resided in the City for thirty days preceding the election.
Section 5-102(1) ofChapter 17ofthe Laws ofNew York, the Election Law, states:
“No person shall be qualified to register for and vote at any election unless he is a citizen of the
- Section 1-102 states that the chapter applies to “all elections at which voters of the
state ofNew York may cast aballot for the purpose ofelecting an individual to any party position
or nominating or electing an individual to any federal, state, county, city, town, or village office.”
Enactment of the Non-Citizen Voting Law
- ……the new law is written to allow “lawful permanent residents and persons authorized to work in the United States in New York city to participate in municipal elections.” The bill was
sent to the Mayor the same day.
- Under the law, “eligible municipal voters shall have the right to vote in municipal
elections and shall be entitled to the same rights and privileges as U.S. citizen voters with regard
to municipal elections.”…….Estimates place non citizen voters at 800,000.
The plaintiffs request “A declaratory judgment pursuant to CPLR 3001 declaring that the Non-Citizen Voting Law is void as violative of the New York State Constitution, State Election Law, and the Municipal Home RuleLaw;
b. A permanent injunction pursuant to Article 63 of the CPLR prohibiting Defendants from registering non-citizens to vote and prohibiting Defendants from counting votes cast by non-citizens; and
c. A judgment awarding Plaintiffs such other and further relief that the Court deems just, proper, and equitable, including but not limited to reasonable attorneys’ fees and other relief pursuant to Article 86 of the CPLR, and costs, disbursements, and other allowances of this proceeding. Full Compaint HERE