NYC’s New Law Allowing Noncitizens To Vote Is Unconstitutional. I’m Suing To Kill It.

Deroy Murdock is the Daily Signal’s Editor

I recently was delighted to sue New York City’s Board of Elections.

In conjunction with the Public Interest Legal Foundation, co-plaintiffs Phyllis Coachman, Anthony Gilhuys, Katherine James, and I filed suit in New York Supreme Court on Feb. 2.

We aim to overturn City Charter Chapter 46-A, which our litigation dubs “the Foreign Citizen Voting Bill.” Passed by the City Council on Dec. 9, the law lets foreign citizens vote in Gotham’s local elections.

Beginning Jan. 9, 2023 this bizarre would allow foreign citizens to elect our mayor, City Council and borough leaders, as well as decide local ballot measures. This new voting bloc would be made up of legal immigrants with green cards and illegal aliens who are under federal protection such as those seeking asylum and Deferred Action for Childhood arrivals designees.

RELATED: New NYC Mayor Approves Voting For 800,000 Non-Citizens, Says It’s ‘The Best Choice’

Foreign citizens could invade the U.S.-Mexico “border,” penetrate America without permission, request asylum, fly to Westchester Airport aboard one of Joe Biden’s free, clandestine late-night flights; take a cab to Manhattan, and–after 30 days–cast ballots alongside Gotham’s voters who were born in the USA.

New York joins San Francisco, two Vermont cities, and 11 Maryland communities in converting foreign citizens into local voters. The majority of Americans view this as a blow to the basic principle that government is allowed to exercise its rights only if the consent of those it governs.

Overwhelmed election officials could also be affected by voting from foreigners. The foreigners would be allowed to vote for local causes and candidates, but they would not be permitted to vote in federal and state elections.

During a frantic Election Day, what would prevent precinct workers from unwittingly—or even deliberately—handing foreign citizens ballots for local candidates and state-level, congressional, and even presidential aspirants?

Why is this happening? 800,000 foreign citizens are now eligible for voting. Most of them will likely vote Democrat.

This is what the Democratic Left, who pushed for it, will not be satisfied. Their next request will be foreign votes in state elections, as they continue to destroy America.

And then—why not?—“Let them cast ballots for Congress and for president!”

Disagree? Racist!

The New York City law, however, isn’t just dangerous, stupid and offensive. The law is also unconstitutional.

As our lawsuit details, it violates the 15th Amendment to the U.S. Constitution, adopted in 1870: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

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My co-plaintiffs and I contend, and the New York City Council’s deliberations confirm, that the new measure dilutes and therefore abridges the votes of New Yorkers, not least black citizens, because local lawmakers acted “on account of race,” not color-neutral citizenship grounds.

  • Council President Lauri Cumbo said, “[T]his particular legislation is going to shift the power dynamics in New York City in a major way, and we do not have the numbers or the information to know how that is going to impact African-American communities … .” In a naked expression of tribalism, she added: “We’re all here to support our ethnic groups, and we’re all here to make sure that we all win.”
  • Councilman Antonio Reynoso complained about “this sea of mostly white men that have stood up against this bill at this moment in an effort to preserve their power and influence.”
  • Then-Councilman Ydanis Rodriguez said that because “this city has changed the color of the skin of people coming to this city, then we change who will be voting in this city.” Rodriguez switched to Spanish and declared that the bill would increase the political clout of New Yorkers of Hispanic and Asian heritage.

The New York State Constitution also allows it to grind its teeth into. The latter limits the vote to “every citizen” who is at least age 18 and a 30-day resident.

This outrage should be put to death in its crib. A judge should do the honors—with all deliberate speed.

Coachman Gilhuys and James eagerly anticipate our court date.

The Daily Signal permission granted permission for this syndicated article.