In a rare bit of good news regarding the illegal immigrant crisis unleashed by Joe Biden, a New York state appellate court has ruled that a new law enacted by New York City allowing illegal immigrants residing in NYC to vote for City officials is unconstitutional on procedural and substantive grounds.
The law, known as Local Law 11, would have granted legal permanent residents, including those with green cards, the right to cast a ballot in the races for mayor, public advocate, city comptroller, City Council and borough president. It would have also required the New York City Board of Elections to set up a separate voter registration system for a new class of “municipal voter.
“The enactment of the Local Law without a referendum improperly obviates the fundamental right of the voters to participate in the electoral process,” the justices wrote in the majority opinion. “The majority, by deeming the noncitizen voting law invalid, effectively prohibits municipalities across the state from deciding for themselves the persons who are entitled to a voice in the local electoral process,” Wan wrote.
“Right now, with all the noise about migrants and the way people feel about that, that’s going to bleed over,” said Sarah Steiner, an election law attorney in New York City who was not directly involved with the case. “I think the timing is not right for a referendum.”
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