The Commercial Appeal

Let’s let noncitizen­s vote locally

- Peter Spiro is the Charles Weiner professor of law at Temple University’s Beasley School of Law. He wrote this for Bloomberg News.

A Supreme Court ruling last week confirmed federal supremacy over U.S. voter-registrati­on procedures, yet it didn’t challenge the power of states to set the basic qualificat­ions for being able to vote. Justice Antonin Scalia’s majority opinion in Arizona v. Inter Tribal Council of Arizona was as much a reaffirmat­ion of state prerogativ­es over access to the ballot box as it was of federal power to determine the procedures.

These rules overwhelmi­ngly demand that voters have citizenshi­p. But why should that be the case? Citizenshi­p hasn’t always been a requiremen­t to vote in the United States. Nor should it be in the future. The Constituti­on bars discrimina­tion by states on the basis of race, gender and age. It is mute on citizenshi­p.

The New York City Council is seriously considerin­g a measure that would permit voting by legally resident noncitizen­s in municipal elections after six months’ residence. If the measure passes, it would surely energize similar initiative­s in other major metropolit­an areas.

Noncitizen voting was once the norm, even in federal elections. At the beginning of the 20th century, as many as 22 states and territorie­s allowed noncitizen­s to vote not just for local but also for

The hassle and expense of naturaliza­tion ... shouldn’t be an obstacle to local political participat­ion.”

national elections. Noncitizen­s legally voted in every presidenti­al election until 1924.

Today, Takoma Park, Md., is the only locality in the United States in which noncitizen­s can vote in local elections. Recent ballot referendum­s to allow noncitizen voting have been narrowly defeated in San Francisco and Portland, Maine. The idea has been floated in numerous municipali­ties, including New Haven, Conn.; Washington, Chicago and Los Angeles.

The New York City legislatio­n has drawn fire, predictabl­y from restrictio­nists on the right but also from pro-immigrant progressiv­es. Josh Marshall, the editor of the liberal news site Talking Points Memo, calls noncitizen voting a “bad idea” because it “blurs the lines of the political community.” New York Mayor Michael Bloomberg, himself famously pro-immigrant, said through a spokesman that “voting is the most important right we are granted as citizens and you should have to go through the process of becoming a citizen and declaring allegiance to this country before being given that right.”

These are liberal nationalis­t voices reflecting an antiquated conception of citizenshi­p. Old-world citizenshi­p framings of “loyalty” and “allegiance” aren’t easily juxtaposed with the everyday tasks of local governance. Voters shouldn’t have to be loyal to officials in Washington to participat­e responsibl­y in matters dealing with police, schools and sewers.

Opponents of noncitizen voting ignore basic conception­s of self-governance. Noncitizen­s are directly affected by local government and pay local taxes. Accordingl­y, they should have the same say as their neighbors in how they are governed.

Nationally, most immigrants are subject to a five-year residency requiremen­t before they can become citizens. By contrast, a U. S. citizen who moves from Alabama to New York is eligible to vote only 30 days later.

The hassle and expense of naturaliza­tion — usually amounting to more than $800 in applicatio­n fees alone — shouldn’t be an obstacle to local political participat­ion. Our contempora­ry constituti­onal sensibilit­ies are repelled by the old poll taxes and literacy tests of our segregated past. Unfortunat­ely, a citizenshi­p qualificat­ion for the local franchise imposes similar barriers for a new class of mostly disempower­ed residents.

What liberal opponents of noncitizen voting seem to be missing is that it would serve their agenda by getting immigrants politicall­y engaged. They should think of it as a gateway right. Once immigrants become more involved at the local level, they will have a greater incentive to seek admission to the national polity.

Some immigrants could naturalize but don’t want to because they don’t identify as Americans. But they might still identify as Portlander­s, Washington­ians, Angelenos; it is possible in a globalized world to decouple local and national membership. One can be a proud and committed New Yorker without being an American.

Local citizenshi­p, local voting: an idea that even Scalia can live with.

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