New York Post

NON-CITIZEN VOTE LAW STRIKES OUT

SI judge rejects bid to add 800K to NYC ballots

- By BERNADETTE HOGAN and BRUCE GOLDING

A New York City law allowing non-citizens to vote in local elections was struck down Monday by a judge who said it violated both the state Constituti­on and various provisions of state law.

Staten Island Supreme Court Justice Ralph Porzio also issued a permanent injunction that bars the city Board of Elections from letting around 800,000 non-citizen residents register to vote.

In a 13-page ruling, Porzio said city officials can’t “obviate” restrictio­ns in New York’s Constituti­on, which “expressly states that only citizens meeting the age and residency requiremen­ts are entitled to register and vote in elections.”

“There is no statutory ability for the City of New York to issue inconsiste­nt laws permitting noncitizen­s to vote and exceed the authority granted to it by the New York State Constituti­on,” he wrote.

Porzio said the city’s move also violated sections of the state’s Election Law and Municipal Home Rule Law.

City Council Minority Leader Joe Borelli (R-SI), among the plaintiffs who challenged the law, hailed the ruling, saying it “validates those of us who can read the plain English words of our State Constituti­on,” and accused the measure’s proponents of seeking to “skirt the law for political gain.”

“Opposition to this measure was bipartisan and cut across countless neighborho­od and ethnic lines, yet progressiv­es chose to ignore both our constituti­on and public sentiment in order to suit their aims,” he said in a prepared statement.

“I commend the court in recognizin­g reality and reminding New York’s profession­al protestor class that the rule of law matters.”

Council’s big move

The council overwhelmi­ng passed the Our City, Our Vote bill in December, paving the way for the Big Apple’s green-card holders and residents with work visas — about 10% of the city’s population — to vote in local elections but not state or national races.

Former Mayor Bill de Blasio declined to sign or veto the bill, and Mayor Adams — who said he supported the measure despite initial “concerns” — allowed it to automatica­lly become law without his signature 30 days after its passage.

City Hall didn’t immediatel­y say whether it would appeal Monday’s ruling.

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