Noncitizen voting bill passes City Council

The City Council passed a bill Thursday that would allow legal permanent residents to vote in municipal elections if signed into law.  Eagle file photo by Jacob Kaye

By Jacob Kaye

It was a rare afternoon filled with spirited debate on the floor of the New York City Council Thursday as the 51 legislators of the body voted to give green card holders in the five boroughs the right to vote in local elections.

Intro 1867, introduced by City Councilmember Ydanis Rodriguez in January, passed the City Council after nearly two hours of debate. Heading into the vote with a super majority – 36 members had signed onto the bill as co-sponsors – the bill passed with 33 members voting in favor, 14 against and two abstaining.

The bill, when signed into law by the mayor, is expected to expand the electorate by around 800,000 voters. Though a handful of other municipalities in the U.S. have passed similar laws, New York City is by far the largest to enfranchise non-citizen residents.

In Queens, councilmembers nearly split even on the bill, which has been in the City Council, though in different forms, for over a decade.

Queens Councilmembers Peter Koo, Francisco Moya, Tiffany Cabán, Daniel Dromm, Jimmy Van Bramer, I. Daneek Miller and Adrienne Adams voted in support of the bill that amends the city’s charter to allow for noncitizen, lawful permanent residents and those with legal work permits to vote in municipal elections after having resided in the city for at least 30 days.

It was Cabán’s first ever vote on a bill after having been sworn in last week to fill the vacancy left by former Councilmember Costa Constantinides.

“This was certainly at the top of my list,” Cabán told the Eagle earlier this week. “If we're going to build a city that takes care of the most vulnerable New Yorkers, then we have to give them a really direct tool in their toolbox to literally have their voices heard and felt in the halls of power, otherwise it's not going to happen.”

Adams said that she was proud the bill had finally been passed.

“We are experiencing an amazing day today,” Adams said. “Twelve years is too long for any piece of legislation to languish, particularly a piece of legislation that affects thousands upon thousands of people who pay taxes in the City of New York, that contribute to our well being as citizens of the City of New York...We must make this happen today.”

Van Bramer, who will be term limited out of office by the end of the month, called his “aye” vote “one of the proudest” votes of his career.

Queens Councilmembers Paul Vallone, Barry Grodenchik, James Gennaro, Karen Koslowitz, Robert Holden and Eric Ulrich voted against the bill.

Councilmember Selvena Brooks-Powers said that members of her district had complained about the provision that the new voters only be residents of the city for 30 days. Though she expressed her support for the bill, the Southeast Queens councilmember abstained from voting.

“This is a bill I felt very deeply about and, quite frankly, I feel robbed, as well,” Brooks-Powers said from the council floor. As other members said, Brooks-Powers added that she hopes the incoming City Council will amend the bill to change the 30 day provision and make other changes to address some of the members’ concerns.

Prior to the vote, Bronx Councilmember Mark Gjonaj introduced a motion to send the bill back to committee, citing what he and other opponents of the bill say are flaws, including the 30 day provision. The introduction of the motion prompted two hours of debate that, at times, saw tempers rise and members share personal stories about their immigrant history, which was used both as a defense of and as a reason to vote against the bill.

Several members – primarily Republican councilmembers – have long been against the passage of the bill and claim it’s illegal and violates the U.S. and New York State Constitutions, something Mayor Bill de Blasio has also cited as a worry. Additionally, opponents claim that a group of those who will now be granted the right to vote may not have the city’s best interest in mind or be uneducated on the issues they’ll be voting on.

“If you want to become a citizen, you become a citizen by doing months of study,” Holden said from the floor. “Obviously, you study the Bill of Rights, you answer 100 questions, you become a citizen and you're an educated voter by then, hopefully. You're saying with this bill, that we don't really want an educated voter, somebody who is here 30 days, folks, 30 days, can vote in our elections and decide who our mayor, City Council and other elected officials could be.”

Majority Leader Laurie Cumbo, who voted against the bill, told the members Thursday that she was worried that the passage of the bill would dilute the voting power of Black voters and said that despite raising that concern in the past, her concerns hadn’t been listened to.

The motion failed, with 35 voting against and 14 in favor.

Advocates, many of whom have been fighting for the passage of a noncitizen municipal voting law for over a decade, celebrated the bill’s successful vote Thursday.

Betsy Gotbaum, the executive director of Citizens Union, said that her organization was pleased to see the bill pass but had worries about the ability of the New York City Board of Elections to implement it properly.

“The bill passed by the City Council is the largest expansion of voting rights in New York City since women's suffrage. But we want to make sure we do it right,” Gotbaum said in a statement. “Given the rapid expansion of the electorate and the fact that separate ballots and registration forms will be needed for citizens and noncitizens, the implementation of this reform will be incredibly complex.”

“It is imperative that the Board of Elections begin to prepare for noncitizen voting now, and not wait for any litigation filed against this legislation to be resolved,” Gotbaum added. “The City Council should provide ample time for implementation. The incoming Adams administration and new City Council must provide adequate funding for the Board of Elections and carefully monitor the preparations to ensure that noncitizen voting is a success.”

Though proponents of the bill say it will withstand legal challenges, they are expected to come.

Speaking with the Eagle earlier this week, Holden said that though he might not mount one himself, he would support legal challenges made to the bill.