D.C. Council committee votes to allow undocumented migrants to vote in local elections after NY law struck down

The D.C. Council's Judiciary and Public Safety Committee voted unanimously on Tuesday to advance a measure allowing undocumented migrants to vote in local elections, clearing the path for consideration before the full legislative council.

The upcoming vote for the “Local Resident Voting Rights Amendment Act of 2022” comes after a similar New York City municipal law was passed in December, and subsequently struck down in June by the New York Supreme Court after it ruled the local law was in conflict with the state constitution. 

The New York City law, which would have applied to 800,000 non-citizens only allowed permanent legal residents and people with authorization to work in the U.S.

The new, proposed D.C. law is broader, and includes an amendment permitting undocumented migrants to vote as well irrespective of the residency or work permit status. 

“We should be welcoming new voices and making voting more accessible to those who are not traditionally represented — not restricting voting to those who have already held power,” the committee wrote in a report accompanying the bill.

“The committee believes that expanding the right to vote in our local elections to all non-citizen residents of the District makes a strong statement in support of these D.C. values. Allowing our non-citizen neighbors, many of whom have lived and worked in the District for decades, to participate in our elections can only strengthen our democracy and our communities.”

According to a 2020 American Immigration Council report, one out of seven D.C. residents is an immigrant. Similarly, 28% of the city’s immigrant population is residing illegally, totaling about 25,000 people.

That number has most likely escalated significantly however, since the Southwest border crisis began last year. 

However, opponents to the bill claim that those who vote should be full citizens as required by the U.S. naturalization system.

During the summer, 30 Republicans signed onto a U.S. House bill that would ban D.C. from allowing non-citizens to vote in local elections. 

The District of Columbia was delegated some power from Congress to govern itself under the 1973 Home Rule Act, but it remains entirely subordinate to Congress, which has plenary power to preempt any of its voting decisions. 

The measure will advance to a vote before the full council, according to DCist. While D.C. lawmakers have been considering the idea of allowing noncitizens to vote, it is the first time that the bill will proceed to a vote before of full legislative council.