Gotham Gazette

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Open Government

Open Government

Non-Citizen Voting


Rallying behind a plea of "No Taxation Without Representation" a group New Yorkers gathered in front of the main post office on Tax Day to push for what they see as the latest voting rights movement in this nation - the right of non-citizens to vote.

"I truly believe that if people are paying taxes they should be allowed to vote," Candy Mojica, a Harlem resident and graduate student at the Hunter College School of Social Work, said at the rally.

New York City Councilmember Bill Perkins agrees. That is why he is the prime sponsor of Intro 628, introduced in the City Council on April 20th, which would allow legal non-citizens, with six months or longer of New York City residency, to vote in all municipal elections, including the one for mayor.

The Vocal Proponents

Advocates of the proposal argue that the estimated 1.3 million immigrants living in New York City, close to 20 percent of the population, deserve to be represented locally in government if they are expected to pay taxes and live with the decisions of elected officials. This population is larger than the entire borough of the Bronx and 11 of the states in the U.S. It is estimated that non-citizen immigrants pay $18.2 billion in New York State taxes alone, yet they have no representation in government.

"The greatest movements we've had in this country have been to remove arbitrary barriers to voting, whether the civil rights movement, the suffragettes, or the move to allow 18-year-olds to vote," Perkins says. Allowing non-citizens to vote, he says, is just another extension of democracy.

Under the bill the city would also be required to issue new municipal voter registration forms in an expanded array of languages (Spanish, Traditional and Simplified Chinese, Korean, Bangla, Arabic, Russian, Haitian Creole, French and Urdu).

The Silent Opposition

While there is not a highly visible movement of those protesting efforts to expand suffrage to non-citizens, it is clear that many New Yorkers object. A passerby at the April 15th rally, for example, said "it is reasonable for people to be citizens in order to vote. There is something to be said for the commitment you make to your country."

"Voting is an awesome and essential piece of citizenship" argues Stanley Renshon, professor of political science at the City of New York Graduate Center; it should not be given away to those who are not integrated into the community and the country. "It is the badge of inclusion." If legal residents could vote without being citizens, there would be less incentive to apply for citizenship, and this would "weaken the bonds that tie us together as Americans."

To become a naturalized U.S. citizen, a person has to be a permanent and legal resident for at least five years and they must be able to speak, read, and write in English. In addition, they must also demonstrate an understanding of U.S. history and government. This knowledge of the political system, the shared culture and history of America and a sense of belonging to their communities, opponents argue, is key to extending the right to vote to individuals. Permanent and legal status and passage of the citizenship test ensures that people at least reach a minimal threshold in these areas.

"The premise of voting is that the voter be informed and acclimated to our political culture," Renshon said. " It takes time to develop this familiarity."

Part of Larger Movement

Non-citizen voting laws have been passed on the municipal level in Amherst, Newton and Cambridge, Massachusetts. However, as state law currently prohibits non-citizens from voting in local elections, bills have been introduced into the Massachusetts legislature to change this regulation.

Already a number of municipalities in Maryland allow non-citizen voting in local elections, including Takoma Park, Barnesville, Martin's Additions, Somerset and Chevy Chase. In Chicago non-citizens can vote in school-board elections if they have a child in the public school system. Indeed, this was true in New York City too, until school boards were dismantled here in 2002.

 

City Council Stated Meeting - April 20, 2005


Every two weeks the New York City Council meets for its Stated Meeting to introduce and pass legislation. As a regular feature, Searchlight covers these meetings and posts a summary of the bills passed.

Quote of the Day:
“I have a confession to make: I am a sinner. Throughout my life I have committed many sins. But the sins I am accused of today, I did not commit. I am innocent.” – City Councilmember Allan Jennings responding to charges that he mistreated female staff members.

Meeting Summary:
Although most reporters and even many New York City Council members had already left City Hall when the bills finally came up for a vote, the City Council considered more than just the behavior of its own members at its recent meeting.

Nearly two hours after the meeting began, the council approved five measures aimed at reducing pollution from buses, trucks, and other city vehicles.

Intro 414-A requires that the city purchase cleaner burning vehicles in the future.

Intro 415-A requires that city’s diesel fueled vehicles now use “ultra-low sulfur” emission fuel.

Intro 416-A places more stringent pollution requirements on trash- and recycling-trucks used by the Department of Sanitation.

Intro 417-A reduces emissions on “sight-seeing” buses used for tourism tours.

And Intro 428-A places new pollution requirements on vehicles that transport children to and from school.

The council also passed two bills (Intro 328-A and 329-B) that will reduce the city's use of pesticides and require that residents receive information when certain chemicals are used in an area near a home or apartment.

“This is the most important environmental legislation that this council ever done,” said Councilmember James Gennarro.

But most of the meeting was dedicated to the discussion of the penalties filed against Queens City Councilmember Allan Jennings, who for the last year has faced allegations of sexual misconduct and mistreatment of female staff members.

After a nine-month internal investigation, the council’s eight-member Standards and Ethics Committee found Jennings guilty of improperly firing one employee on his staff and creating a hostile work environment. Five women charged Jennings touched them inappropriately, subjected them to racist remarks, and intimidated them.

Last week, the committee recommended that Jennings be allowed to stay in office, but suggested the most stringent penalties ever imposed on a member of the council. The full council was only asked to vote on the penalties, not to consider the validity of the charges.

By a vote of 43 to 2, with 4 abstentions, the council voted that Jennings must:
- Pay a $5,000 fine
- Undergo court-certified anger management and gender, racial and harassment sensitivity training
- Receive a public censure
- And be stripped of all of his committee assignments and stipends.

Jennings spoke a length in his own defense, arguing that the allegations were politically and racially motivated and unsubstantiated. He blasted the council’s process as a series of “secret hearings” where he was denied the right to cross-examine certain witnesses.

“The sins I am accused of today, I did not commit,” said Jennings. “I am innocent.”

Jennings ended his remarks by reading a Bible verse then paraphrasing the words of Jesus Christ; “I forgive you all, for you know not what you do.”

The only other council member to vote “no” on the penalty was Brooklyn Councilmember Charles Barron, who said he could not judge whether the charges were true or false because the hearings were closed to the public and other council members.

“You may get Jennings today, but they may come for you tomorrow,” said Barron.

Many council members said they were embarrassed by the events. Councilmember Margarita Lopez said the council should have acted more quickly to address the complaints. Other council members – like John Liu and Dominic Recchia - thought the penalties should have been more stringent.

“It’s a shame that he isn’t being expelled!” said Recchia.

Council members Eric Dilan, Oliver Koppell, Kendall Stewert, and Hiram Monserrate abstained from the vote.

Jennings’ lawyer said he plans to appeal the ruling to the State Supreme Court.

The next Stated Meeting is scheduled for May 11, 2005.

 

City Council Stated Meeting - April 12, 2005


Every two weeks the New York City Council meets for its Stated Meeting to introduce and pass legislation. As a regular feature, Searchlight covers these meetings and posts a summary of the bills passed.

Quote of the Day:
“[The city is] warehousing people in rooms infested with rats and roaches, with holes in the wall, leaks in the ceilings, and doors with no locks.... These miserable little rooms cost taxpayers up to $2,100 per month.” - Councilmember Eric Gioia on a bill to require the city to provide better housing for homeless people with AIDS.

Meeting Summary:
In 1997, the city enacted Local Law 49, which created the HIV/AIDS Services Administration (HASA) and outlined the kinds of services and benefits that government must provide to low-income individuals with AIDS. Since the passage of the law, the city has faced a series of lawsuits challenging the quality of those services, particularly housing.

Because homeless people with AIDS have compromised immune systems, they cannot stay in the usual shelters. The city routinely places clients in single room occupancy hotels and pays a high price – up to $2,100 a month – for these rooms, where conditions often do not meet the “medically appropriate” standards that the law requires.

A City Council report (in .pdf format) on transitional housing for people with AIDS, found that 73 percent of facilities surveyed had building code violations; 50 percent did not provide basic amenities such as mattresses or toilet paper.

In an effort to address the situation, the City Council passed a bill (Intro 541-A) which requires that the city issue quarterly reports on the services and housing it provides to people with AIDS/HIV. It is named the “Keith Cylar Act,” after the AIDS activist and co-founder of Housing Works who died a year ago.

The bill aims to strengthen Local Law 49 and create clearer standards that the city must meet for its 41,000 clients.

“Over the years, one thing that became clear is if you left any wiggle room, the agency would find it,” said Councilmember Christine Quinn. “We will eliminate that.”

Collective Bargaining
With the council chambers packed full of cheering corrections and sanitation workers, the City Council passed a bill (Intro 380-A) to give certain uniformed workers stronger collective bargaining powers.

New York City Collective Bargaining Law gives certain uniformed employees – police, firefighters, sanitation, and corrections officers - unique bargaining rights, however these do not apply to related positions like sanitation enforcement agents, fire protection inspectors, and school safety workers. This measure would extend the same bargaining rights to those city employees.

The mayor, not the City Council, has the power to negotiate contracts with city workers; the council said the bill does not overstep its powers.

“This legislation doesn’t guarantee anybody anything except the right to bargain for fair treatment from their employer,” said Speaker Gifford Miller.

Bay Side Rezoning
In recent months, the City Council has passed a series of rezonings meant to protect neighborhoods made up of single-family homes in Staten Island and Bay Ridge, Brooklyn. Now a 380-block area of Bay Side, Queens has been rezoned to make it more difficult for developers to build multi-unit apartment buildings that are taller than surrounding houses.

“It eliminates the loopholes in the building and zoning code that allow for the `McMansions’ to be built in many one-family home districts across the city,” said Councilmember Tony Avella.

Outdoor Advertising
The council also passed a measure (Intro 423-A) that gives the city’s buildings department more power to enforce regulations on the size and scale of outdoor advertising. In the past, the law allowed the billboard industry to police itself, but lawmakers say the policy cost the city hundreds of thousands of dollars in revenue.

All of the bills passed unanimously with exception of the outdoor advertising measure; Republican Councilmember Dennis Gallagher voted against it.

Allan Jennings Sexual Misconduct Ruling
After months of investigating sexual harassment charges filed against Queens Councilmember Allan Jennings, the City Council’s Committee on Standards and Ethics has recommended disciplinary actions. The committee wants Jennings to:
- pay a $5,000 fine
- undergo court-certified anger management and gender, racial and harassment sensitivity training
- receive a public censure
- and be stripped of all of his committee assignments.

The full council must vote on the penalties at the next Stated Meeting scheduled for April 20, 2005.

 



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