A New York State Supreme Court Judge ruled Monday that a New York City law, which would have permitted resident non-U.S. citizens in the city the right to vote, violated state law and the state constitution.
“There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote and exceed the authority granted to it by the New York State Constitution,” Staten Island Supreme Court Justice Ralph Porzio wrote in his 13-page ruling, according to the New York Post.
The judge said that the city’s December “Our City, Our Vote” would go against the state’s Election Law and Municipal Home Rule Law. These laws permitted only U.S. citizens above 18 to vote in state and local elections, according to the judge, the New York Post reported.
Because the city’s law went against state constitutional requirements, should the city extend voting rights to its over 800,000 resident aliens, it would first need to hold a referendum, the judge wrote in his ruling, according to the New York Times.
In December, the New York City city council approved 33-14 with two abstentions in the measure granting the city’s resident aliens, who comprise 10 percent of its population, the right to vote, according to reporting from the Washington Post.
The law was set to come into effect in the state’s January 2023 elections, according to the Times.