The Appellate Division, Second Department’s recent decision authored by Justice Paul Wooten in Fossella v. Adams, __ A.D. 3d __ [2nd Dept. 2/21/24], was a welcome civic recognition that the right to vote in New York state is exclusively reserved for U.S. citizens. The local law which the New York City Council passed (and former Mayor Bill de Blasio declined to veto) was a testament to (and a manifestation of) the unchecked progressive Democratic leadership in the council.
The council’s passage of Local Law 11 plainly disregarded existing state constitutional, state election and home rule law in an effort to sweepingly enfranchise those who were unwilling (or unable) to assume the responsibilities of U.S. citizenship. Whether viewed as a crass partisan political tactic, or a misguided undertaking, it reflected a local legislative body unwilling (or unable) to recognize and respect the existence of clear legal boundaries impacting the power to legislate election law change in New York City, and a mayor who did not veto it.
