New York Court Strikes Down Law Allowing Non-Citizen Voting
A clear-cut election law ruling in New York has effectively eliminated any chance for noncitizens and illegal immigrants to vote in municipal elections, as reported on Thursday.
In the final days of Bill de Blasio’s tenure as New York City Mayor, the city council approved a measure granting municipal voting rights to over 800,000 newly arrived residents. Neither de Blasio nor his successor, Eric Adams, vetoed the measure, allowing it to take effect automatically in 2022.
Since its passage, the debate over noncitizen voting in New York has centered on the state constitution, which explicitly states that only U.S. citizens aged 18 and older are permitted to vote, preventing local governments from overriding this requirement. Joe Borelli, former Republican minority leader of the New York City Council, was a key plaintiff in the legal battle that successfully challenged the law.
“We file some lawsuits that are stretches,” Borelli told Politico following the state Court of Appeals’ 6-1 decision to strike down the law. “This one was, from the beginning, an open-and-shut case.”
The ruling saw most of the court’s progressive justices align with their conservative and moderate colleagues in striking down a measure that conflicted with the constitutional mandate that “every citizen shall be entitled to vote at every election for all officers elected by the people”—with the “key term being ‘citizen.’”
Opponents of the law contended that this provision prohibits noncitizens and undocumented immigrants from voting. Meanwhile, Democrats and progressive voter advocacy groups argued that the clause should be seen as a minimum threshold for voter access, not a limitation, and that local governments should have the power to expand voting rights beyond that baseline.
“Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote – including … thirteen-year-old children,” wrote Chief Judge Rowan Wilson in the majority opinion.
“It is plain from the language and restrictions contained in [the state constitution] that ‘citizen’ is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs,” Wilson further explained.
The appeals court’s decision upheld two previous victories for Republicans in lower courts, reinforcing their stance that voting should remain a privilege exclusive to U.S. citizens.
“As the court had held from the very beginning, the law is clear that voting is a sacred right that is for United States citizens,” said Assemblymember Michael Tannousis, a Staten Island Republican and one of the plaintiffs. “As the son of immigrants that came to New York for the American dream and worked hard to become naturalized citizens, I am content with today’s ruling.”
New York City never implemented the 2022 law. Supporters estimated that it would have enfranchised around 800,000 noncitizens with legal permanent residency or work authorization, granting them voting rights in local elections for positions like mayor, city council, and other municipal offices, though not in state or federal contests for positions such as president, governor, or Congress.
State Republican officials promptly challenged the law, and courts at every level ultimately overturned it, as noted by The Associated Press. Many GOP officials welcomed the decision.
“Efforts by radical Democrats on the New York City Council to permit noncitizen voting have been rightly rejected,” stated NYGOP Chair Ed Cox. The Republicans’ attorney, Michael Hawrylchak, also expressed satisfaction, saying they were pleased the court recognized the state constitution’s “fundamental limits” on voter eligibility.
New York Speaker Adrienne Adams, while disappointed, expressed respect for the court’s decision.
“The council sought to strengthen our city’s democratic process and increase civic engagement by enfranchising the hundreds of thousands of New Yorkers who pay taxes and contribute to our communities but are unable to make their voices heard in local elections,” Adams stated.