Foreign citizens will soon be able to vote legally in New York City elections unless the courts take action.
Not only is it a bad idea to give foreigners a vote, but it also violates the Constitution. This law was enacted with an illegal racial purpose in violation of the 15th Amendment. Even laws that don’t mention race can violate the 15th Amendment. Any election procedure enacted with a racial purpose, even if it is not with racial hatred or animus, is illegal, period.
The Public Interest Legal Foundation filed a lawsuit against the New York City Board of Elections for violating the 15th Amendment on behalf of four black New York City voters. How does the New York City foreign citizen voting law violate the 15th Amendment? Let’s count the ways.
There is direct evidence of an unconstitutional racial purpose behind this foreign voting law. Over and over again in the council debate, sponsors of the legislation made explicit statements saturated with racial goals. Lifting the power of one race, eroding the power of another race. Over and over. Lawmakers cannot do that without violating the 15th Amendment.
The 15th Amendment was enacted after the Civil War to prohibit discrimination against freed slaves. But its command is universal and protects everyone from voting laws enacted with racial intent. Ironically, it is black voters in New York City who are getting hurt the most.
Top line: When you pass election laws, you can’t do it to help or hurt your favored racial group.
Sponsors of the bill plainly sought to elevate racial voting blocks because of their race. Faced with the choice to support the concept of noncitizens increasing their voting strength, or racial groups increasing their voting strength, sponsors chose race. Race permeated the council debate and thereby violated the 15th Amendment.
Approximately 1 million foreign nationals live in New York City. Of these 1 million, the overwhelming majority are Hispanic and Asian. The sponsors knew this. That’s why they wanted the bill to pass. They said so. That’s why it violates the 15th Amendment.
The foreign citizen voting law puts salt in the wound regarding New York City’s long history of voting discrimination. For decades, the Justice Department has blocked discriminatory laws from taking effect in the city, and plaintiffs have brought more lawsuits to enforce voting rights than you’d even see in a state in the deep south. The addition of nearly a million foreign voters will abridge black voting strength.
Race cannot be the basis for enacting election laws. A long bloody history gave us these protections. It’s time that New York City Council got with the times.
*story by The Washington Examiner