Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance

2 J. Migration & Human Security 223 (2014)

28 Pages Posted: 23 Jul 2014 Last revised: 10 Sep 2014

Lauren Gilbert

St. Thomas University School of Law

Date Written: September 9, 2014

Abstract

In this paper, I use New York City’s consideration of an amendment to its Charter that would extend voting rights to noncitizens in municipal elections as a case study in immigrant integration and local governance. I argue that New York City’s biggest challenge in moving this issue forward is dealing successfully with two related questions: 1.) why the N.Y. City Council should be able to decide who "the People" are without approval from Albany and 2.) whether it should attempt to enact the measure without a referendum. I first examine the role of local government in regulating the lives of immigrants, contrasting enforcement-oriented strategies with those that are more integration-oriented. I then spotlight federal law obstacles to noncitizen suffrage, concluding that while neither federal criminal nor immigration law prevents state or local governments from extending the franchise to noncitizens in state or local matters, federal law imposes certain impediments that may deter some noncitizens from registering or that could carry serious immigration consequences for those who vote in violation of federal law. I then focus on state law obstacles, including New York’s Constitution, its state election law and its home rule provisions. I contrast other recent experiences with noncitizen suffrage around the country, looking at both municipal and school board elections. Finally, I provide some thoughts on best practices in moving the issue of noncitizen suffrage in New York City and other locales forward. I conclude that although New York law is ambiguous enough that good arguments can be made for why neither Albany’s approval nor a city-wide referendum is required, given New York City’s historic relationship with Albany and the power the State legislature has to preempt local law on election matters, if the City Council attempts to expand the franchise to noncitizen voters without a referendum or comparable measure, it could trigger preemptive action in Albany or lengthy, divisive, and costly battles in the courts.

Keywords: immigration, citizenship, voting rights, integration, local government, home rule, popular sovereignty

Suggested Citation

Gilbert, Lauren, Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance (September 9, 2014). 2 J. Migration & Human Security 223 (2014). Available at SSRN: https://ssrn.com/abstract=2469908 or http://dx.doi.org/10.2139/ssrn.2469908

Lauren Gilbert (Contact Author)

St. Thomas University School of Law ( email )

16401 NW 37th Ave.
Miami Gardens, FL 33054
United States
305-623-2386 (Phone)

HOME PAGE: http://www.stu.edu/GilbertLauren/tabid/2354/Default.aspx

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