The New York City Council filed an appeal to the state’s highest court Monday, asking them to reinstate a law the council passed that granted noncitizens the right to vote in city elections. 

In 2021, the council passed a law that would have allowed 800,000 noncitizens with green cards or work authorizations the right to vote in municipal elections. However, last month, the Appellate Division for the Second Judicial Department ruled 3-1 that the law, which had yet to take effect, was unconstitutional. 

The council argued that because noncitizens pay taxes and “contribute to our communities,” they should be able to participate in local elections.

“Empowering New Yorkers to participate in our local democratic process can only strengthen New York City by increasing civic engagement,” the council said in a statement.   

The high court’s February decision was a major triumph for state Republicans who filed a lawsuit against the Democratic-supported law, saying that it was unconstitutional and a “sacred right given only to United States citizens.”

LatinoJustice, a national civil rights organization, also filed an appeal over the ruling last week.  

Rep. Nicole Malliotakis (R-NY), who was among the coalition of Republicans who filed the lawsuit, condemned the group’s move.  

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“There is nothing more important than preserving the integrity of our election system and this unconstitutional law that has been struck down in two consecutive wins only diminished the voices of our citizenry,” Malliotakis said in a statement. 

The appeals court’s decision in February was the second time the court ruled against the City Council’s legislation after a Staten Island Supreme Court found it unconstitutional. The case will be headed to the New York Court of Appeals.