Hunkered Down in Bremerton

Local Voting Rights for All Residents

This week it was announced that New York City is hoping to expand voting eligibility in city and county elections to all residents. We are not just talking about those who are eligible to vote in federal or state elections... we are also talking about foreign nationals (regardless with US government immigration status) who live in New York, and also to homeless people. This is sure to be another really controversial, political issue. Should all undocumented aliens have the right to vote (at all)?

The colonial American patriot James Otis put forward the phrase that virtually every American knows and has repeated..Taxation without Representation is Tyranny . Although never codified, it is a principal tenent of United States democracy. I don't think that many Americans truly believe that we have a tyranical government... but if Otis is correct there are serious repercussions involving voting rights.

It can easily be argued that many homeless and the undocumented do not pay federal taxes. Of course not, they don't want the feds to track them down. Federal taxes are in general tied to social security numbers. If they aren't paying federal taxes it is not tyranical (based upon Otis's statement) to prohibit them from voting in federal elections.

At the state and local level, however, many taxes are not tied to identity. Sales taxes are the best example. Local businesses are allowed to collect sales tax from everyone when we make a purchase (of taxable items) and that tax is paid to state and local governments. The homeless pay these taxes, foreign nationals pay these taxes, and undocumented aliens pay these taxes. Truly, if they are not allowed to vote in state and local elections, I believe, with Otis, that state and local governments are acting in tyranical manners when they tax their residents and at the same time prohibit them from voting.

In the United States we have several layers of independent government. Local Cities, Counties, Parishes, and other locally created "districts" are at the first level. In the middle are the governments of the 50 states which have created the United States government. The US Government is at the top, but it did not create states and it did not create cities. States and cities independed of the United States government except when specific exceptions are created through the constitution and it's amendments.

It is the duty of the United States government to enforce our borders and create rules for immigration. That they don't do this to the satisfaction of many Americans places absolutely no obligation upon state and local governments. There is absolutely no requirement, duty, or obligation that local governments deny voting rights to those who are residents of that jurisdiction regardless of their federal immigration status, their homelessness. their lack of income, or their criminal record. Furthermore there is no federal requirement that they offer voting rights to these same people. It is up to these entities and their residents.

Personally, I salute New York City for moving in this direction. But if Phoenix chooses to handle it differently, that is their choice also.

Howard B. Julien

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Updated December 11, 2021