Next week, the City Council is expected approve a landmark bill allowing noncitizens to vote in municipal elections like those for mayor and other city offices.

The legislation, which is expected to pass overwhelmingly, would not apply to undocumented immigrants. Instead, it would encompass permanent residents known as green card holders and those with work authorizations – an estimated 800,000 residents in all.

But the measure is almost certain to get tied up in court. Opponents say the move is unconstitutional, and plan to file suit if and when it becomes law.


What You Need To Know

  • Next week, the City Council is expected to pass a bill allowing noncitizens to vote in local elections

  • Opponents say the legislation is unconstitutional and have vowed legal action

  • The law would apply only to municipal elections like those for mayor and City Council, not state or federal elections
  • The bill would not apply to undocumented immigrants, only green card holders and those with work authorizations

“The right to vote is a fundamental pillar of American democracy, and it's expressly reserved for citizens of the United States of America,” said Nick Langworthy, chairman of the state Republican Party, at a news conference Thursday.

The state Constitution states: "Every citizen shall be entitled to vote at every election for all officers elected by the people." Whether that precludes noncitizens from voting depends on whom you ask.

Supporters of the bill says permanent residents are deeply invested in the city.

"They're long-term residents of this city, they ride the subway, they shop in our stores, they care about how good their schools are. They want and should be able to participate meaningfully in our democracy,” said Anu Joshi, vice president of policy at the New York Immigration Coalition.

City Councilman Ydanis Rodriguez, the primary sponsor of the legislation, was himself a green card holder before attaining citizenship. Noncitizens pay taxes, he said, and should have a right to choose the elected officials “that will be deciding how the taxpayer dollars are used."

Mayor de Blasio has said he will not veto the bill, despite his reservations that the move will dilute the value of U.S. citizenship.

"I really want to make sure that there's maximum incentive to finish the citizenship process,” he said on "Inside City Hall" on Monday.

City Councilman Joe Borelli, a Republican from Staten Island, says any change should be put to voters.

"Go to the statehouse, try to get the state Constitution changed, go to a public referenda, and then at least give the people whose votes you're diluting the opportunity to have a say in it,” he said.

Under the proposed law, the city Board of Elections would have to create a separate registration system for noncitizens, and potentially also provide a separate ballot.