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NYC law that would have allowed 800K non-citizens to vote struck as unconstitutional by appeals court: ‘Enacted in violation’

By Carl Campanile

A controversial New York City law that would have allowed 800,000 non-citizens, but legal residents, to vote in municipal elections was struck down as unconstitutional by a state appeals court Wednesday.

“We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void,” Appellate Judge Paul Wooten wrote in the 3-1 majority decision.

Wooten said the state constitution broadly refers to only citizens having the right to vote in elections, municipal as well as statewide or for state legislative offices.

“Article IX provides that the elected officials of `local governments’ shall be elected by “the people, which incorporates by reference the eligibility requirements for voting under article II, section 1, applying exclusively to `citizens,’” the judge wrote.

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