The law that would allow non-citizens to vote in New York City’s local elections was withdrawn by a judge at Staten Island’s State Supreme Court who said it violated the State Constitution.
The bill, passed by the city council in December, should have allowed more than 800,000 green cardholders or permanent residents to vote for positions such as the mayor and city council.
However, Judge Ralph J. Porzio ruled on Monday that the new law contradicts the constitutional guidelines that only qualified citizens can vote. The judge wrote that a referendum is needed to give non-citizens the right to vote.
The law is not set to take effect until January next year, and the ruling will not affect Tuesday’s New York primary.
The law is at the forefront of national debate over voting rights in New York City, as some states have begun to expand their eligibility and others have moved in the opposite direction, explicitly banning non-citizen voting. I put it on the front line.
State and federal Republican leaders, as well as a few local Republican executives, challenged the law.
Joseph Borelli, a Republican councilor at Staten Island, one of the plaintiffs, said: “Referendums by country in New York are illegal.”
Fabian Levy, a spokesman for Mayor Eric Adams, said city officials “evaluate the next step.” Adams initially strongly supported the bill, but did not sign it as he grew older. His negligence allowed the bill to automatically become law.