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Not In Bill

Does a proposed New York state constitutional amendment "grant" voting rights "to illegal aliens" and "strip parental rights" by not informing parents without the child's approval about their decision to get gender transition surgery? No, that's not true: There is no mention anywhere in the proposed amendment of giving undocumented immigrants voting rights. The proposed amendment bans discrimination against gender identity, not parental notification.

The claim appeared on the X platform (archived here) on October 22, 2024. It began:

ALERT NY STATE: Democrats are trying to pass Proposition One on the November 5th ballot, which will strip parental rights and grant benefits and voting rights to illegal aliens.

Here's what the post looked like at the time of writing:

(Source: X platform screenshot taken on Tue Oct 29 14:51:38 2024 UTC)

The post includes a short video with an unidentified woman who makes several claims without providing any evidence to support them. As she is speaking, text on screen says in part, "If Karmala wins- this will be coming across the United States- just listen for a sec!"

The post lists five claims. This fact check will focus on the ones concerning noncitizen voting and the supposed ban on parental notification of a minor's decision about gender transition surgery.

On Election Day, voters in New York state will be asked to decide a single constitutional amendment, called Proposal Number One (archived here). The amendment to the state constitution focuses on protections against discrimination. The current New York state Constitution (page 5) bans discrimination on the basis of race, color, creed or religion. Proposal Number One adds several more categories, including national origin, gender identity and age.

Here's a sample ballot from one New York precinct:

(Source: Town of Ulysses website screenshot taken on Tue Oct 29 15:10:28 2024 UTC)

Voting rights for 'illegal aliens'

There is no reference in Proposal One to grant voting rights to any undocumented immigrant in New York. Some critics have focused on the category "national origin" as somehow providing a pathway for noncitizen voting rights -- immigrants who are legal residents but not U.S. citizens. The proposal does not "grant" those residents voting rights, either.

Lead Stories reached out to legal experts concerning the noncitizen voting claim.

"This is obviously a complete fabrication," University of Buffalo School of Law Professor James Gardner told Lead Stores in an email on October 29, 2024. "The language of the Proposition says nothing whatsoever about citizenship, nor does it say anything about voting."

Professor Vin Bonventre of the Albany Law School agreed that including the term "national origin" would not grant voting rights to "illegal aliens."

"Even under the federal constitution arbitrary discriminatory action is not permitted when it comes to national origin," Bonventre told Lead Stories in a phone interview October 29, 2024. "A lot of what these critics are saying is utterly ridiculous."

On February 21, 2024, the New York Court of Appeals (archived here) struck down an attempt by New York City (archived here) to allow noncitizens with green cards or work permits to vote in municipal elections, ruling the measure unconstitutional. The appellate court justices also pointed out that even if allowing noncitizens to vote was constitutional, the matter would still have to be approved in a referendum (page 20). That means additional steps would be required before any noncitizen could vote in New York state.

Parental notification for gender transition

There is also no mention in Proposal One of a ban against parental notification for a minor's decision about gender transition. The amendment does offer protection against unequal treatment based on "age," "sexual orientation" and "gender identity." New York State law (archived here) requires parental consent for medical procedures involving a minor with few exceptions.

Other Lead Stories articles on claims regarding noncitizen voting are here. Lead Stories articles on claims concerning gender identity are here.