NEW YORK — I recently was delighted to sue New York City’s Board of Elections.
Together with the Public Interest Legal FoundationI, Phyllis Coachman (co-plaintiff), Anthony Gilhuys and Katherine James filed suit in New York Supreme Court on February 2.
We want to change the City Charter Chapter 46-A, which our litigation dubs “the Foreign Citizen Voting Bill.” Passed by the City Council on Dec. 9, the law lets foreign citizens vote in Gotham’s local elections.
This absurdity will allow foreign citizens to elect our mayor, City Council, borough presidencies, and district attorneys and to decide local ballot measures. These new voters would include legal immigrants with green cards and illegal aliens who are under federal protection such as asylum seekers or Deferred Action for Childhood arrivals designees.
Foreign citizens could invade the U.S.-Mexico “border,” penetrate America without permission, request asylum, fly to Westchester Airport aboard one of Joe Biden’s free, clandestine late-night flights; take a cab to Manhattan, and–after 30 days–cast ballots alongside Gotham’s voters who were born in the USA.
New York joins San Francisco, Vermont, and 11 Maryland communities as they convert foreign citizens into local voters. This is what most Americans consider a slap in the face to the core principle of government obtaining its just powers through the consent of those it governs.
Overwhelmed election officials could also be affected by voting by foreigners. They would have to allow foreign citizens voting on local candidates and causes but not in federal or state races.
During a frantic Election Day, what would prevent precinct workers from unwittingly—or even deliberately—handing foreign citizens ballots for local candidates and state-level, congressional, and even presidential aspirants?
What is driving this exercise? 800,000 foreign voters are eligible to vote Democrat.
This is what the Democratic Left, which pushed for it, will not be satisfied. As they continue to mutilate America, their next demand is for foreign votes in state race elections.
And then—why not?—“Let them cast ballots for Congress and for president!”
Disagree? Racist!
However, the New York City law goes beyond being stupid, offensive, and potentially dangerous. It is also unconstitutional.
Our lawsuit reveals that it violates the 15th AmendmentThe U.S. Constitution adopted in 1870: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
My co-plaintiffs and I contend, and the New York City Council’s deliberations confirm, that the new measure dilutes and therefore abridges the votes of New Yorkers, not least black citizens, because local lawmakers acted “on account of race,” not color-neutral citizenship grounds.
- Council President Lauri Cumbo said, “[T]his particular legislation is going to shift the power dynamics in New York City in a major way, and we do not have the numbers or the information to know how that is going to impact African-American communities … .” In a naked expression of tribalism, she added: “We’re all here to support our ethnic groups, and we’re all here to make sure that we all win.”
- Councilman Antonio Reynoso complained about “this sea of mostly white men that have stood up against this bill at this moment in an effort to preserve their power and influence.”
- Then-Councilman Ydanis Rodriguez said that because “this city has changed the color of the skin of people coming to this city, then we change who will be voting in this city.” Rodriguez switched to Spanish and declared that the bill would increase the political clout of New Yorkers of Hispanic and Asian heritage.
It also grinds its teeth into the New York state Constitution. The latter limits the vote to “every citizen”who is at the least 18 years of age and a resident of at least 30 days.
This outrage is a crime that should be committed in its crib. A judge should do the honors—with all deliberate speed.
Coachman, Gilhuys and James eagerly await their day in court.
The Daily Signal is open to all perspectives. This article is not meant to represent the views of The Heritage Foundation.
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