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New York state’s top court put an end Thursday to New York City’s effort to empower noncitizens to vote in municipal elections.
In a 6-1 ruling, the high court said “the New York constitution as it stands today draws a firm line restricting voting to citizens.”
New York City never actually implemented its 2022 law. Supporters estimated it would have applied to about 800,000 noncitizens with legal permanent U.S. residency or authorization to work in the nation. The measure would have let them cast a ballot for mayor, city council and other local offices, but not for president, Congress or state officials.
State Republican officials quickly sued over the law, and state courts at every level rejected it.
Republicans hailed Thursday’s ruling from the state’s highest court, called the Court of Appeals.
“Efforts by radical Democrats on the New York City Council to permit noncitizen voting have been rightly rejected,” NYGOP Chair Ed Cox said in a statement. The Republicans’ attorney, Michael Hawrylchak, said they were pleased that the court recognized the state constitution’s “fundamental limits" on voter eligibility.
Staten Island Borough President Vito Fossella, who was a plaintiff in the suit challenging the law, praised the court’s ruling.
"From day one, we maintained that the plain language of the New York State Constitution does not extend the right to vote to noncitizens," he said in a statement. "We are thankful the Court of Appeals saw it the same way, and by a significant margin."
In a statement provided to NY1, the city’s Law Department said: "The highest court in New York State has spoken. We respect the court’s ruling."
A handful of Maryland and Vermont towns let noncitizens cast ballots in local elections, and noncitizen residents of Washington, D.C., can vote in city races. San Francisco allows noncitizen parents to participate in school board elections.
Farther south in California, residents of Santa Ana rejected a noncitizen voting measure last year. Some other states specifically prohibit localities from enfranchising noncitizens.
In New York, the state constitution says “every citizen shall be entitled to vote” if at least 18 years old and a state resident. The document adds that county and municipal election voters must live in the relevant county, city or village.
New York City argued that “every citizen” doesn’t mean “citizens only,” and that the city had a self-governance right to choose to expand the franchise for its own elections. The law’s supporters said it gave an electoral voice to many people who have made a home in the city and pay taxes to it but face tough paths to citizenship.
The GOP accused Democrats of violating the state constitution in order to make partisan gains. The City Council, which passed the law, is heavily Democratic.
Democratic Mayor Eric Adams neither vetoed nor signed it. Instead, he allowed it to become law without his signature, saying at the time that he believed “New Yorkers should have a say in their government.”
