Int. No. 628
By
Council Members Perkins, Barron, Clarke, James, Palma, Stewart, Lopez,
Moskowitz, Brewer and Reyna
A Local Law to amend the New York City charter in
relation to allowing non-citizens who are lawfully present in the United
States, and who are residents of New York City, to vote in all New York City
municipal elections, and to renumber Sections 1057-A, 1058, 1059, 1060, 1061,
1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073 and 1074
as 1058, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090,
1091, 1092, 1093, 1094, 1095 and 1096, respectively.
Be it enacted by the Council as follows:
Section 1. Declaration of Legislative Intent and
Findings.
According to the New York
City Department of City Planning, New York City is home to 1,361,007
non-citizens of voting age who contribute in countless ways to the economic,
social and cultural vitality of our city, but are not allowed to directly
participate in choosing the municipal representatives who make the policies
that affect their daily lives. These city residents are subject to all the laws
that citizens must observe. The fact that nearly one out of five New Yorkers of
voting age cannot vote undermines the health of our local democracy.
Local
voting affirms the hallowed principle of the American Revolution: "no
taxation without representation." Immigrants pay 15.5% of the state's
income tax or $18.2 billion in taxes annually.
Our Founding Fathers believed that immigrant suffrage was a way to give
newcomers a stake in the emerging American democracy. Until 1804, New York State allowed non-citizen immigrants to vote
in federal, state and local elections. Indeed, for most of this country's
history-from 1770s to 1920s-twenty-two states and federal territories permitted
non-citizen residents to vote in local, state and federal elections, and to
hold public offices such as alderman, coroner and school board member.
For every disempowered group in America's history,
voting rights have been a vital tool for acquiring economic, social and civil
rights and for expanding democracy. For African-Americans, women, and young men
who were expected to go to war at 18 but were not yet allowed to vote, breaking
down legal barriers to voting was a crucial point in the struggle for equality.
Recognizing the importance of voting, the leaders of the Civil Rights Movement
succeeded in banishing poll taxes and literacy tests. In 1971, the voting age
was lowered to 18.
Nevertheless,
an alarmingly large part of New York City’s population remains disenfranchised.
Expanding the franchise is a
rational and practical way to unite all members of our society toward a common
goal of making New York City a better place. It acknowledges people’s
membership in their communities and gives them a way to be actively engaged in
improving their neighborhood. Far from being a substitute for citizenship,
allowing the newest New Yorkers to vote is the best way to promote civic
education and participation.
The administration of this
process is not only possible, but we have experience doing it here in New York
City. All immigrants living in New
York City - including undocumented immigrants - who had children in public
schools could vote in school board elections from 1970 until 2003, when the
school boards were eliminated.
It is the intent
of this Council that adequate information and resources that are culturally and
linguistically competent be provided to the direct beneficiaries of this
Chapter in order to prevent unintended noncompliance or violations of this
law. Further, it is the intent of this Council that unintended violations
of this Chapter will not negatively affect an individual’s immigration status
or naturalization efforts.
New York, home of the Statue
of Liberty and Ellis Island, symbolizes America's past and future as an
immigrant nation. It is only appropriate for New York City to restore voting to
non-citizen residents in municipal elections, expanding our democracy and
setting an example fitting for a city created by immigrants.
§2. The New York City charter is amended by adding a
new chapter forty-six-A, to read as follows:
CITY ELECTIONS
§1060 Definitions.
§1061 Register To Vote.
§1062 The role of the New York City Board of Elections.
§1063 Poll Administration.
§1064 Municipal Voter Registration Forms.
§1065 Party affiliations.
§1066 Availability of Municipal Voter Registration
Forms.
§1067 Absentee Ballots.
§1068 Registration deadlines.
§1069 Municipal Voter Notification.
§1070 Change of Address Procedures.
§1071 Confidentiality.
§1072 Language Access.
§1073 Community Participation.
§1074 Transitioning to citizenship.
§1075 Challenges.
§1076 State or federal elections.
§1077 Violations of this chapter.
§1060 Definitions. For
purposes of this chapter, the following terms shall have the following
meanings:
a.
A “municipal voter” is as a person who is not a United States citizen,
but is lawfully present in the United States, and has been a resident of New
York City, as defined herein, for six months or longer by the date of the next
election, and who meets all qualifications for registering to vote under the
New York State election law, except U.S. citizenship, and has registered to
vote with the New York City Board of Elections under this provision.
b.
A “resident of New York City” is a person who resides within the five
boroughs of New York City.
c.
A “Municipal Election” refers to the designation, nomination and
election process of any municipal officer, including, but not limited to, the
mayor, the comptroller, the public advocate, members of the council, borough
presidents, and any other future elected municipal official. “Municipal elections” specifically include
all primary, special and general elections for the above officers and all
municipal ballot measures.
d.
“Municipal Voter Registration” is the method by which the New York City
Board of Elections shall register new municipal voters according to the
provisions of this section.
e.
The “New York State Board of Elections voter registration” refers to
the method currently used by the New York State Board of Elections to
register U.S. citizen voters under the
terms of the New York State election law.
§1061 Register To Vote. All municipal voters, as
defined above, may, upon application, have their names entered on a register of
municipal voters and may thereafter vote in any municipal election, as defined
above, including, without limitations, primary elections, and on municipal
ballot questions.
§ 1062 The role of the New
York City Board of Election. The New York City Board of Elections will create
a new municipal voter registration form for use in municipal Elections,
register municipal voters, create a new municipal voter register, adopt rules
and carry out the purposes of this chapter.
Municipal voters shall be entitled to the same rights and privileges as
citizen voters in regards to all municipal elections.
§1063 Poll Administration. At each municipal
election, the New York City Board of Elections shall produce a single voter
roll that combines municipal voters and citizens registered under the New York
State election law for each election district as was the practice during New
York City School Board elections from 1970 until 2003. Municipal voters shall
not be required to form a separate line or vote in a separate location from
citizens registered under the New York State election law.
§1064 Municipal Voter
Registration Forms. Municipal
voter registration forms shall be designed, created and distributed by the New
York City Board of Elections. The form shall include such other information as
is deemed necessary by the New York City Board of Elections, and shall also
include the following information:
1.
The name and residence address of the applicant including the zip code
and apartment number, if any.
2.
The date of birth of the applicant.
3.
A space for the applicant to indicate whether or not he or she is a
citizen of the United States.
4.
The gender of the applicant (optional).
5.
A space for the applicant to indicate his or her choice of party
enrollment, with a clear alternative provided for the applicant to decline to
affiliate with any party.
6.
The telephone number of the applicant (optional).
7.
A place for the applicant to execute the form on a line which is
clearly labeled “signature of applicant” preceded by the following specific
form of affirmation:
AFFIDAVIT: I swear or affirm that
I
am lawfully present in the United States and will have been a resident of New
York City for a minimum of six months by the time of the next election.
Except for U.S. citizenship,
I meet all the requirements to register to vote in New York State.
This is my signature or mark
on the line below.
All the information
contained on this application is true. I
understand that if it is not true I can be
convicted and fined up to $500 and/or jailed for up to one year.
8.
Which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant’s signature.
§1065 Party affiliations. Individuals who enroll in a political party on municipal voter
registration forms shall be considered qualified members of that party for the
purposes of primary elections and candidate nomination processes, including,
but not limited to petitioning and fundraising.
§1066 Availability of
Municipal Voter Registration Forms. Municipal Voter registration
forms shall be made available in every location at which New York State Board
of Elections voter registration forms are available, including, but not limited
to, libraries, post offices, on the web, in public schools, at non-profit
organizations and at all locations and government agencies and offices required
by section 1057-a of this charter.
§1067 Absentee Ballots. The New York City Board of Elections will develop an absentee
ballot and absentee voting procedures
for municipal voters that are the same in all respects as the requirements for
citizen voters under New York state election law.
§1068 Registration
deadlines. Registration deadlines for municipal voters in each election shall be
the same as the deadline set by the New York State Board of Elections for
citizen voters in that election.
§1069 Municipal Voter
Notification. The New York City Board of Elections shall create and distribute a
municipal voter notification system consistent with New York state election
law.
§1070 Change of Address
Procedures. The New York City Board of
Elections shall create a process, consistent with that used by the New York
State Board of Elections for citizen voters, by which a municipal voter can
change or update his or her address.
§1071 Confidentiality.
a.
No potential Municipal Voter will be asked about the specifics of his or her
immigration status, other than whether or not he or she qualifies to vote under
this provision. If that information is
volunteered to any City employee, it will not be recorded or shared with any
other federal, state, or local agency, except as required by law.
b. All federal, state, and municipal confidentiality
policies that pertain to citizen voters shall similarly apply to Municipal
Voters.
c. As is the case with citizen voters, no Municipal
Voter will be asked to produce photo identification or proof of address as a
prerequisite for registering to vote, except as required by state or federal
law.
d. Municipal
Voter rolls shall never be published, distributed or otherwise provided to the
public separately or distinctly from the rolls of all citizen voters in New
York City or a political subdivision thereof.
The combined Municipal Voter and U.S. citizen voter rolls shall only be
made publicly available in accordance with the terms and conditions New York
State election law.
§1072 Language Access. Municipal voter registration forms shall be available in English,
Spanish, Traditional and Simplified Chinese, Korean, Bangla, Arabic, Russian,
Haitian Creole, French, and Urdu.
§1073
Community Participation.
The New York City Board of Elections will consult regularly with
community groups and associations in the design and implementation of these provisions.
§1074
Transitioning to citizenship. Municipal voters who are registered to vote
under this provision and are granted U.S. citizenship through the U.S. Bureau
of Customs and Immigration Services will remain qualified under this provision
until such time as they no longer meet the qualifications as prescribed under
this section, or register to vote on a New York State Board of Elections voter
registration form. As soon as a New
York State voter registration form is filed, an individual’s municipal voter
registration under this provision becomes invalid.
§1075 Challenges. Any
municipal voter’s qualifications to register to vote under this chapter may be
challenged according to the terms of the New York State Election law, however,
“The Qualification Oath” shall be altered for municipal voters to read: “You do
swear (or affirm) that you are eighteen years of age or older, that you are lawfully present in the United States and
that you are, or will be a resident of this state, and of New York City for six
months at the time of the next election, that you still reside at the same
address from which you have been duly registered in this election district,
that you have not voted at this election, and that you do not know of any
reason why you are not qualified to vote at this election. You do further
declare that you are aware that it is a crime to make any false statement. That
all the statements you have made to the board have been true and that you
understand that a false statement is perjury and you will be guilty of a
misdemeanor.”
§1076 State or federal
elections. Nothing in this chapter shall
be construed to confer upon non-citizens the right to vote for any state or
federal office or on any state or federal ballot question.
§1077 Violations of this
chapter.
a.
Any person who knowingly and willfully violates any provision of this
chapter, is guilty of a misdemeanor.
b.
A public officer who knowingly and willfully omits, refuses or neglects
to perform any act required of him by this chapter or who knowingly and
willfully refuses to permit the doing of any act authorized by this chapter or
who knowingly and willfully hinders or delays or attempts to hinder or delay
the performance of such an act is, if not otherwise provided by § 17-128 of the
election law or any other law, is guilty of a misdemeanor.
c.
Any person convicted of a misdemeanor under this section shall be
punished by imprisonment for not more than one year, or by a fine of not less
than one hundred dollars or more than five hundred dollars, or both such fine
and imprisonment.
§3. Severability. If any subsection, sentence, clause, phrase
or other portion of this chapter is, for any reason, declared unconstitutional
or invalid, in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable and such unconstitutionality or invalidity
shall not affect the validity of the remaining portions of the local law that
added this section, which remaining portions shall remain in full force and
effect.
§4. This local
law shall become effective 180 days after its enactment.
DS
4/15/05