New York—Today, the New York Court of Appeals erroneously upheld a ruling declaring New York City’s Local Law 11 unconstitutional. This law had expanded voting rights in municipal elections to roughly one million immigrant New Yorkers with legal permanent residency or work authorization, when it was passed in December 2021 and enacted in January 2022. The implementation of Local Law 11 was immediately delayed due to a court challenge brought by a group of New York Republican voters, officials, and members of the New York Republican State Committee and the Republican National Committee.
“New York City needs more democracy, not less. This year is the sixtieth anniversary of the Voting Rights Act of 1965, but instead of building on its protections, we have only seen a consistent diminishing of voting rights across the country. Expanding voting rights strengthens our communities, and improves our school, housing, and public services. The nearly one million New Yorkers who won the right to vote in municipal elections with Local Law 11 pay taxes, own businesses, work essential jobs and contribute to their communities. Today’s decision by the New York Court of Appeals to strike down Local Law 11 is a devastating setback for voting rights, and disenfranchises the communities that help keep New York City running. We strongly disagree with the court’s decision, which undermines the very principles of inclusion that make our democracy strong. Denying New Yorkers with legal permanent residency or work authorization the right to vote in local elections is a grave injustice, stripping them of the ability to influence the policies that govern their daily lives. While the decision to overturn Local Law 11 is upsetting, it will not deter us. We remain steadfast in our commitment to fighting for a more inclusive democracy, where all New Yorkers can have a voice in their local communities,” said Murad Awawdeh, President and CEO, New York Immigration Coalition.
"The New York Court of Appeals’ ruling denying over a million New Yorkers the right to have a say in decisions about their everyday lives through municipal voting is a terrible setback for our immigrant communities who contribute so much to the wellbeing of the city,” said Cesar Ruiz, Associate Counsel, LatinoJustice PRLDEF, which represented immigrant groups in the case. “Sadly, this decision aligns with the desires of those in this country who at this moment are persecuting immigrants and want to erase their influence and presence in our society and reinforces systemic barriers that actively strip immigrants of opportunities for representation, protection, and inclusion. This ruling further deepens inequalities and sets a dangerous precedent that undermines New York’s legacy as a place that values diversity and equal access to justice. LatinoJustice PRLDEF will not stand idly by as our communities are disenfranchised and we will continue to fight for policies that protect and uplift all New Yorkers, regardless of immigration status."
“For more than a decade, United Neighborhood Houses has fought alongside partners to expand democracy by allowing more New Yorkers to vote in local elections,” said Susan Stamler, Executive Director, United Neighborhood Houses. “Today’s Court of Appeals ruling striking down municipal voting rights for legal permanent residents and green card holders is devastating. It means tax-paying New York City residents will have fewer options to shape the City they have chosen to call home. Still, UNH will continue to support all New Yorkers, including immigrant New Yorkers, to engage in civic life, knowing that our voices are as important today—or more so—than they have ever been.”
“The court’s shameful ruling silences and disempowers immigrant New Yorkers, who have been bombarded with cruel attack after attack. Asians are the fastest growing racial group in New York City, with Asian immigrants making up the largest share of noncitizens who would have been empowered to vote in local elections. A democracy that is willing to ignore 800,000 of its residents—our neighbors and many of the essential workers that keep our city and state running—is not a democracy at all,” said Bethany Li, Executive Director, Asian American Legal Defense and Education Fund (AALDEF).
“The New York Court of Appeals’ decision to strike down Local Law 11 is nothing short of disappointing and a profound setback in the fight for fairness and inclusion. Hundreds of thousands of legal permanent residents who have worked, paid taxes, and contributed to the cultural and economic fabric of this city have once again been denied the right to shape its future. The Black Institute is outraged by this decision, which reinforces structures of oppression and exclusion. We remain steadfast in our commitment to fighting for the empowerment of communities of color and immigrants, who keep our communities alive and thriving. We will continue to draft and advocate policies that recognize their humanity, dignity, and right to participation in the municipal democratic process,” said Julio Cesar Herrera, Director of Operations, The Black Institute.
“The New York Court of Appeals’ decision is heartbreaking but proves that expanding democracy is an extremely slow process. It has already been 20 years since OCOV was first introduced in 2005 yet the fight for expanded voting rights continues. Nevertheless, we recognize that these are our communities, many who are noncitizens, that have lived here for decades. Community members who are our friends, mothers, fathers, sisters, brothers, wives, husbands…the list goes on. THEY make up our communities and they LIVE it everyday. The power goes to the people and MinKwon Center for Community Action will continue to advocate for all voices in our communities to be heard and represented,” said Woojung (Diana) Park, Immigrant Justice Organizer, MinKwon Center for Communities.
“I'm extremely disappointed in the decision, yet it sadly aligns with the current climate of this country. We continue to treat immigrants as less than when the majority of our ancestors are not native to this land. We continue to violate our own foundation "no taxation without representation". Legal permanent residents in New York City, much like named Defendant, Melissa John, founder of RepresentWe, pay a substantial amount of taxes and have no say in how they are governed. Leaning on the intention of the Framer's was a cop out, we should be moving forward, not backwards!” said Latasha Lessington, Esq, Counsel & Board Member, Represent We.
Background:
In December 2021, the New York City Council passed Local Law 11 (known as Our City, Our Vote), which allows New York City residents who are otherwise qualified to register under New York State election law, to vote in municipal elections. It was enacted by the New York City Mayor in December 2022. Prior to the bill’s passage, nearly one million New York City residents could not vote in local elections due to their citizenship status, despite paying taxes and being invested in and contributing to the city.
In January 2022, a group of New York Republican voters, New York Republican officials, and members of the New York Republican State Committee and the Republican National Committee, filed a legal challenge seeking to subvert the will of the New York City Council and newly enfranchised New Yorkers. Prior to pushing for its passage, the New York Immigration Coalition, assisted by a pro-bono legal team, conducted a rigorous legal review of Intro 1867/Local Law 11 and found that the bill did not violate New York State’s electoral laws or its constitution.
In February 2024, the NYS Supreme Court Appellate Division, Second Department, ruled in favor of the Republicans, calling the law unconstitutional. One member of the four-judge panel issued a dissenting opinion on the decision. In March 2024, the New York City Council, and lawyers with LatinoJustice PRLDEF representing the interveners appealed that decision.