Lawsuits against NYC’s Foreign Citizen Voting aka Local Law 11
State Lawsuit
(1) Vito Fossella et al v. Eric Adams et al Judge Porzio filed Jan 10, 2022. At the April 13 hearing, parties and counsel changed. Oral argument was June 7. Local Law 11 was ruled unconsitutional on June 27. The City appealed to the Second Department on July 26, 2022.
Federal Lawsuit
(2) Having the case dismissed in Richmond County Supreme Court on July 24, it has been refiled before the US Federal Court, Eastern District on August 29, 2022.
History
New York City Council passed Int A1867-2020 on December 9, 2021 allowing lawful permanent residents and persons authorized to work in the United States in New York city to participate in municipal elections..
| File #: | Int 18672020 Version: A |
| Type: | Introduction |
| Title: | Allowing lawful permanent residents and persons authorized to work in the United States in New York city to participate in municipal elections. |
| Mover: | Seconder: |
| Result: | Pass |
| Agenda note: | Amended and Coupled on General Orders |
| Minutes note: | Council Member Gjonaj’s Motion to Recommit Int. No. 1867-A back to Committee was defeated by a vote of 14-35-0: Affirmative: CMs Carr, Cornegy, R. Diaz, Gennaro, Gjonaj, Grodenchik, Holden, Maisel, Ulrich, Vallone, Vernikov, Yeger, the Minority Leader (Council Member Borelli), and the Majority Leader (Council Member Cumbo) – 14. Negative: CMs Adams, Ampry-Samuel, Ayala, Barron, Brannan, Brooks-Powers, Caban, Chin, D. Diaz, Dinowitz, Dromm, Eugene, Feliz, Gibson, Kallos, Koo, Koslowitz, Lander, Levin, Levine, Louis, Menchaca, Miller, Moya, Powers, Reynoso, Riley, Rivera, Rodriguez, Rose, Rosenthal, Salamanca, Treyger, Van Bramer, and the Speaker (Council Member Johnson) – 35. |
| Action: | Approved by Council |
| Action text: | A motion was made that this Introduction be Approved by Council approved by Roll Call. |
It was not vetoed by Mayors Bill de Blasio nor Eric Adams, thus became law automatically on January 9, 2022. The 2 lawsuits followed.
For the law: Democracy Docket
Against the law: Michael Bloomberg
(2) Defendant’s attorney Jerry Goldfederer has filed an Order to Show Cause for a Stay of Discovery, Order to Cure Judiciary Law §470 Violation, Consolidation, and Joinder of Necessary Parties to be heard 3 pm on July 13, 2022. The discussion is to continue 9:30 on July 29, 2022 at the Richmond County Supreme Court, 26 Central Avenue, Room 420.
Katherine James’ lawsuit against the Board of Elections on NYC’s Intro A1867 Foreign Citizen Voting Bill was dismissed on July 29, 2022 without prejudice. Public Interest Legal Foundation.