With as many as 800,000 Noncitizen Permanent Residents, newly Eligible to Vote in Local Elections,in New York City, Elected Officials and Immigration Experts are wondering whether the City’s Election Infrastructure can withstand the sudden Surge.
The City Council Passed a Bill, last week, that gives Voting-Age Noncitizens the Right to Vote in only City Elections, and to Register with Local Political Parties if they hold Green-Card Status or Work Authorizations.
The Bill Passed Dec. 9, by a 33-14 vote, with Four Council Members either Absent or Abstaining. Mayor Bill de Blasio (D) said he will sign it into Law even though he expressed Reservations about its Legality. “I have mixed feelings,” de Blasio said during a Dec. 12 Interview on Fox News. “I think there are big legal questions. But I also respect the City Council.”
The Mayor isn’t the only One who is uncertain. The Bill has raised questions from Immigration Advocates, Legislators, and the City’s Campaign Finance Board. They All wonder how the City will Manage a potential Influx of New Voters whose Status as Lawful Residents is Complicated by their Lack of Citizenship. The First Election the New Rules could affect would be in June 2023.
Councilman David Carr (R-50th District) noted the Bill gives Municipal Voting Rights to Noncitizens who are Authorized to Work in the U.S., Not just Green-Card Holders. Individuals who live in New York City on Non-Immigration Visas, or are Recipients of Short-Term Work Authorizations, can Vote, even if they’re here only Temporarily, and might Not be able to Vote in any Future Elections. “Someone can vote through this law and then they are no longer allowed to because their work authorization has lapsed,” Carr said. “How will the Board of Elections authorize these municipal voters?” This will require One Agency to Notify the Board of Elections, to Remove or make Not Active, and maybe then Renew a Voters Record.
Local Elections often take place side-by-side with Federal and State Elections, Carr noted, and the Physical Ballots are often Combined and Scanned as One for the sake of Efficiency. “How will poll workers partition these voters in these contests? Will they create a different ballot?” he asked. “Once those ballots are cast you can’t untangle those votes from those scanners. We have secret ballots in this country.”
The City Campaign Finance Board offered Testimony, in September, to the Council that outlined some of the same concerns. Eric Friedman, the Board’s Assistant Executive Director of Public Affairs, said in his Sept. 20 Testimony, to the Council that there are “potential unintended consequences of this legislation that could prove harmful.” He raised Questions about how the Board of Elections would Confirm whether a Voter’s Immigration Status is Valid, and if an entirely New Set of Ballots would be Required for Municipal Voters.
Some Democrats objected to Parts of the Bill as well. Councilman Robert Holden (D-30th District), who voted No, said many Council Members, including some who Voted for the Measure, wondered how Noncitizens will be Vetted. “The most absurd part of the bill is you only have to establish residency for 30 days. What other municipalities are doing this?” Holden said. “We asked a number of questions to the City Council people that drafted this bill and got so few answers that it’s comical.”
The Courts undoubtedly will have the Final say on the Legislation’s Legality.
City and State Republicans confirmed their intention to file Lawsuits. They said they will focus on Two potential avenues: that Republicans’ Rights as Candidates for Office are being Violated; and that Citizens’ Votes are being Diluted.
Advocates for the Bill said they believe their Arguments, for its Legality will carry the day, due to the Language of the State’s Constitution.
“The state constitution very specifically says that the right to vote is afforded to all citizens, but it does not say it’s afforded to only citizens, and we believe that’s a clear distinction that holds up in court,” said Theo Moore, Senior Director of Policy at the New York Immigration Coalition. “It does not state what the ceiling is, and what we’re trying to do is raise the ceiling.”
Immigration Lawyers, however, say the Bill’s opaque Language leaves it open to Legal Challenges, particularly its allowances to Temporary Workers, Protected Workers, and those who have been Lawful Permanent Residents of the City for only 30 days.
“There’s so many different shades of gray here,” said Roxanne Levine, an Immigration Lawyer and Partner at Tarter Krinsky & Drogin. “It was very broad, sweeping legislation without going into the weeds on the different status of individuals who might have some type of temporary visa status.” UPDATE Council Member Mark Gjonaj (D-13th District), one of the more Conservative Members of the Council, moved to send the Bill back to the Committee on Governmental Operations, in order to consider possible Amendments to it, including Extending the Mandatory Residency Requirement for Noncitizen Voters prior to the Election Date to more than 30 days. Several Members spoke in Favor of moving it back to Committee, including Minority Leader Joe Borelli (R-51st District), Kalman Yeger (D-44th District), and Robert Holden (D-30th District).
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment