Staten Island Politicians Applaud Appellate Court Ruling On Non-Citizen Voting Rights

BP Fossella, Local Elected Officials Applaud Appellate Court Ruling in Fossella v. Adams

Editor’s note: We have previously covered this lawsuit, both in a decision by the State Supreme Court, as well as when local politicians called on Mayor Adams not to appeal the decision. 

At that time, in 2023, BP Fossella said, “We have maintained from day one that the City Council legislation that allowed non-citizens the right to vote was unconstitutional and wrong,” said Borough President Fossella.

“That is why we went to court, and fortunately prevailed at the trial level. We feel even more strongly today that our position is the right position. The eyes of America will be on New York as the crush of over 70,000 migrants in our city adds a more heightened level of concern than existed even one year ago. New York State law is clear: non-citizens do not have the right to vote. And in pushing this appeal, in the middle of this crisis, against any justifiable reason, many will be left with the impression that lax border security is part of a broad agenda to increase voter rolls. And that’s an outright shame.”

Staten Island, NY – Borough President Vito Fossella and some of his fellow elected officials applauded today’s ruling in their favor in the appeal of their lawsuit to challenge the City’s non-citizen voting legislation.

Local Law 11, 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 Adams, the NYC Board of Elections, and City Council in New York State Supreme Court. In June 2022, State Supreme Court Justice Ralph Porzio ruled in favor of Fossella and the plaintiffs, and the defendants appealed.

Earlier today, in a 3-1 vote, the Appellate Division, Second Judicial Department, ruled in favor of BP 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. 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,” Borough President Vito Fossella said.

“I’m pleased to see the Appellate Court side with us against Mayor Adams’ appeal and affirm the lower court’s ruling striking down non-citizen voting in New York City,” Congresswoman Malliotakis said.

“There is nothing more important than preserving the integrity of our election system, and in today’s age, the government should be working to create more trust in our elections, not less. The right to vote is a sacred right given only to United States citizens. It is my hope that left wing lawmakers stop pushing these unconstitutional and reckless measures that dilute the voices of American citizens.”

“The Court’s ruling is good news for the people of New York, as it upholds Judge Porzio’s sound decision striking down the NYC attempt to undermine our constitutional protections. It is another reminder that we must remain vigilant against constant big government attacks on liberty.  I thank BP Fossella and Staten Island electeds for their continued leadership,” said State Senator Andrew Lanza.

“During a time when nearly 200,000 migrants have flooded our city and streets, disrupting the public and attacking our police officers, my colleagues and I have worked tirelessly to protect our voting laws which were created for citizens of the United States. Democracy always wins, and I am proud to say it was delivered yet again today,” said Assemblyman Michael Tannousis. 

“As the son of immigrants who worked hard for the American dream, it is disgraceful to see the sacred right of American citizens at risk of a non-citizen receiving that same right in 30 days. If you are not a citizen then you cannot vote– the political gain and manipulation by New York Democrats will not be tolerated. I am proud to have been a plaintiff on this lawsuit, and I want to commend Judge Porzio who struck down the voting law in favor of our lawsuit in 2022. I will continue to fight for integrity and transparency in our electoral process, putting New Yorkers at the top of my priority list.”

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“This ruling confirms, yet again, what my colleagues and I have argued for several years was a gross violation of our Constitution that jeopardized the sanctity of our vote as tax-paying citizens of this city, state, and country. As the illegal migrant invasion grows, protecting our rights as citizens is of paramount importance,” said Assemblyman Michael Reilly. “I commend the state Supreme Court’s ruling and strongly encourage Mayor Adams to let this radical policy die here.”

“This decision reaffirms what we have long known – non-citizen voting is unconstitutional in the State of New York. The City was wrong to try to make it law in 2021, and I am proud that one of my first votes as a Council Member was opposing it,” said Councilman David Carr. “Thank you to Borough President Fossella for his leadership and all my fellow co-plaintiffs for their partnership in fighting this unconstitutional act.”

“Today’s decision affirms what we already know to be true: voting is a right reserved for legal citizens of our country, plain and simple. Anyone who wishes to vote and participate in our system of democracy can follow the path to become a legal citizen of our country as so many of our ancestors did and so many others are currently waiting in line for today,” said Councilman Joseph Borelli.

“The lawsuit we brought against the City of New York to prevent noncitizen voting has been settled in the appellate court – AND WE WON!! Alongside my colleagues we were able to win a TREMENDOUS victory and preserve the integrity of our elections,” said Councilwoman Joann Ariola.

“This decision is a victory for the Constitution. The noncitizen voting law, pushed through by the previous Council, was a clear constitutional violation,” said Councilman Robert Holden.
“Today marks the end of this ill-conceived attempt to circumvent our founding principles.”

“I’m tremendously proud of all the hard work my colleagues and our team have done to secure this major victory for election integrity in New York City. The franchise of voting is reserved for citizens, period. And I’m proud the courts have upheld this common sense decision. The fact that this lawsuit was even necessary to confirm something so plainly obvious speaks poorly for the state of politics in this city, however Republicans are making a difference where it counts. In light of our worsening migrant crisis, I strongly urge Mayor Adams to forego any further appeals. We cannot afford to further incentivize illegal mass migration to our city with the promise of voting rights for non-citizens,” said Councilmember Vickie Paladino.

“‘This statute’s not legal.’ That’s what I said in the Council when I voted against this ill-conceived, unconstitutional bill.  This bill was never even remotely constitutional, and the city wasted an enormous amount of taxpayer time and resources trying to put lipstick on a pig,” said Councilman Kalman Yeger. 

“Today, a majority of the court agreed with those of us who voted against this bad law.  I appreciate that – to some council members, at least – the law and the Constitution still mean something.  The Constitution is very clear that only citizens are granted the right to vote.  It can be changed, and perhaps it ought to be, but not by the New York City Council.”

Banner Image: A young African American woman casting her ballot in 1964. Caption reads, “Negro voting in Cardoza [i.e., Cardozo] High School in [Washington,] D.C. / [MST].” Original black and white negative by Marion S. Trikosko. Taken November 3rd, 1964, Washington D.C, United States (@libraryofcongress). Colorized by Jordan J. Lloyd. Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA https://www.loc.gov/pictures/item/2003688167 Image Credit – Unseen Histories