262 to 143 vote FINAL The D.C. law was passed by the progressive city council in 2022 and recently survived a court challenge earlier this year
The House of Representatives advanced a bill Thursday to repeal a Washington, D.C. law that allows noncitizens to vote in local elections.
52 Democrats joined Republicans on the measure
143 Democrats voting against it
262 to 143 vote FINAL
The D.C. law was passed by the progressive city council in 2022 and recently survived a court challenge earlier this year.
Republicans who opposed the bill warned that allowing non-Americans to help decide what local officials run the nation's capital could have negative effects on national security.
"What we're doing is, we are talking about passing a law that prohibits citizens of foreign countries from voting in elections in D.C. It prohibits people that are here illegally from voting in elections. It prohibits spies from China from voting in elections. It prohibits people that are here from Russia that have wishes of ill will in the United States from voting in the elections in D.C.," Rep. Garret Graves, R-La., said during debate for the bill.
The House-wide vote on D.C.'s local law comes on the same day that a key House committee is poised to advance a bill to heighten enforcement and penalties for undocumented people who vote in federal elections.
Why does the member of Congress from DC not get a vote in the House?
In the House of Representatives, the District is represented by a delegate, who because of the constitutional provisions is not allowed to vote on the House floor but under House rules can vote on procedural matters and in congressional committees. D.C. residents have no representation in the Senate.
May 24, 2024
WASHINGTON, D.C. -- On Thursday, U.S. Rep. Mike Kelly (R-PA) voted in favor of H.R. 192, legislation that would prohibit individuals who are not citizens of the United States from voting in elections in the District of Columbia. Further, H.R. 192 bars non-citizens from voting on any ballot initiative or D.C. referendum and repeals the Local Resident Voting Rights Amendment Act of 2022.
The Local Resident Voting Rights Amendment Act of 2022, unconstitutionally allows non-citizen residents, including green card holders, illegal immigrants, and other non-citizens who have lived in D.C. for at least 30 days, to vote in local elections.
"Becoming a citizen is a fundamental right to vote in any election in the United States of America," Rep. Kelly said. "D.C. Democrats undermined the rights of American citizens living in the District by allowing noncitizens to vote in local elections. Today, House Republicans are securing a core value of our nation's electoral values."
Congress has a constitutional duty to oversee the District of Columbia. H.R. 192 represents the role Congress should take in regard to matters of the District’s governance. Under the U.S. Constitution. Congress is granted “exclusive Legislation in all Cases whatsoever” over the District and, under
the Home Rule Act, Congress maintains a critical role to scrutinize and approve of D.C. laws.
BACKGROUND
On November 21, 2022, the District of Columbia enacted the Local Resident Voting Rights Amendment Act (D.C. Law 24-0242), which allows noncitizens, including illegal immigrants, to vote in D.C. local elections. This Act dilutes the votes of American citizens and could have a ripple effect across other large U.S. cities.
- A primary factor that differentiates American citizens from non-citizens is the right to vote.
D.C. residents should be confident that their local government vote is not being diluted by
lawful non-citizen residents or illegal immigrants.
- The Act makes no exception for foreign diplomats or agents voting in D.C. These
individuals often have interests separate from, or opposed to, the interests of Americans.
NYC Council:
The Council passed Local Law 11 to enfranchise nearly one million voters
NYC Council asking state's highest court to let non-citizens vote in local elections after law struck down
The New York City Council is asking the state's highest court to reverse rulings that struck down a law that would let non-citizens vote in local elections.
lawsuit against the new city law (Local Law 11) filed by a number of primarily Republican leaders – including Staten Island Borough President Vito Fossella, state Republican Chair Nick Langworthy and New York City Council Member Joe Borelli – is beginning legal proceedings on Staten Island on Tuesday.
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The complaint relies on three main arguments; that the noncitizen voting law violates the state Constitution, violates state election law, and is invalid under the municipal home rule law.
The New York City government, named as a defendant in the suit along with the city Board of Elections and the City Council, will refute each of those claims, arguing that the plaintiffs are relying on selective and too narrow readings of those laws. As one example, the state Constitution, which states that “every citizen shall be entitled to vote,” doesn’t say explicitly that only citizens can vote. “Local Law 11 comports with both the spirit and letter of the law and was supported by this administration because it would bring thousands more New Yorkers into the democratic process and improve the well-being of all city residents,” a spokesperson for the city Law Department wrote in an email.
Immigrant advocates and other supporters of the law have pointed to the state Constitution, which states that “every citizen shall be entitled to vote,” but doesn’t say explicitly that only citizens can vote.
While the plaintiffs’ argument against the noncitizen voting law is multi-pronged, some legal experts said the case will hinge on that central question of whether the right to vote guaranteed to citizens represents a floor, not a ceiling, for who can be allowed to vote in New York City. “The (state) constitution and the (state election law) refer to guaranteeing the right of citizens to vote,” said Richard Briffault, a professor at Columbia Law School. “The question is, does that preclude going beyond citizens?”
The case is being heard by Ralph Porzio, a Republican Supreme Court judge on Staten Island who was elected in 2018. Asked whether a judge’s politics might affect the ruling, some legal experts said it’s not implausible in the post-Trump era. “Five years ago, I would have pretty confidently said it wouldn’t make a difference. Now, I’m not so sure,” Gardner said. “The Trump years really seemed to radicalize Republicans.”
“Judges follow, interpret and apply the law to everyone fairly,” Lucian Chalfen, a spokesperson for the state court system wrote in an email. “Inferring otherwise insults not only the individual judge but the justice system in its entirety.”
No matter the outcome of the case, the fight over New York City’s noncitizen voting law certainly won’t end with Porzio’s ruling. “I don’t see a scenario where either side doesn’t appeal this,” Borelli said.
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