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NEWS

Borough President Vito Fossella, Elected Officials Applaud Appellate Court Ruling In Non-Citizen Voting Challenge

2/20/2024

 
Picture
Borough President Vito Fossella and some of his fellow elected officials applauded a ruling in their favor in the appeal of their lawsuit to challenge New York City’s non-citizen voting legislation.

Local Law 11, which was passed in 2022, sought to give lawful permanent residents and persons authorized to work in New York City the right to vote in municipal elections. Borough President Fossella and several other New York City elected officials filed a lawsuit against Mayor Eric Adams, the NYC Board of Elections, and the City Council in New York State Supreme Court. In June 2022, State Supreme Court Justice Ralph Porzio ruled in their favor and the defendants appealed.

On Tuesday, in a 3-1 vote, the Appellate Division, Second Judicial Department, ruled in
favor of Borough President Fossella and the plaintiffs, determining that Local Law 11 is null and void. The decision held that Local Law 11 violated the New York State Constitution and the plain meaning of the Constitution’s language requiring voters to be citizens. The decision additionally holds that Local Law 11 violated New York’s Municipal Home Rule law that requires a mandatory referendum before the law could take effect.

“Fortunately, common sense prevails in New York, thanks to the decision reached by the Appellate Division, Second Judicial Department,” said Borough President Fossella. “The New York State Constitution is clear in that only citizens can vote in our local elections. It is simply irresponsible and nonsensical to extend this right to non-citizens. We are pleased that the Appellate court shared this understanding. This is a win for New York citizens and upholds the integrity of our elections.”

Also joining him in applauding the ruling were several fellow plaintiffs in the lawsuit: Congresswoman Nicole Malliotakis; State Sen. Andrew Lanza; Assemblyman Michael Tannousis; Assemblyman Michael Reilly; Councilman David Carr; Councilman Joe Borelli; Queens Councilwoman Joann Ariola; Queens Councilman Robert Holden; Queens Councilwoman Vickie Paladino, and Brooklyn Councilman Kalman Yeger.


(Photo courtesy of the Staten Island Advance/SILive.com/Annalise Knudson)


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Office of Staten Island Borough President Vito Fossella  •  10 Richmond Terrace  •  Staten Island, NY 10301  •  718-816-2000
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