New York’s highest court has struck down a controversial law that would have allowed 800,000 noncitizens to vote in local elections, delivering a significant victory for those who believe voting should remain a right reserved exclusively for American citizens.
Top Takeaways
- New York’s Court of Appeals ruled 6-1 that the NYC noncitizen voting law violates the state constitution, which explicitly limits voting rights to citizens.
- The law would have enfranchised approximately 800,000 noncitizens with green cards, work authorizations, or DACA status to vote in local elections.
- Republican officials led by Staten Island Borough President Vito Fossella successfully challenged the law passed by the NYC Council in 2021.
- The court’s ruling effectively ends the possibility of noncitizens voting in NYC elections through state courts.
- Opponents of the law called the ruling a victory for common sense and the security of the American franchise.
Court Rules Against Noncitizen Voting
The New York Court of Appeals has definitively struck down Local Law 11, also known as “Our City Our Vote,” which would have allowed noncitizens to participate in municipal elections. The court’s 6-1 decision found that the law directly contradicts the New York State Constitution, which reserves voting rights exclusively for citizens. The legislation, passed by the New York City Council in 2021 and taking effect in January 2022 after Mayor Eric Adams assumed office, would have fundamentally altered the city’s electorate by adding approximately 800,000 noncitizen voters.
The court made its position clear in its ruling: “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens.” This decisive statement leaves little room for interpretation and establishes a legal precedent that will likely influence similar cases nationwide. Republicans, led by Staten Island Borough President Vito Fossella, had challenged the law immediately after its passage, resulting in a lower court blocking its implementation in June 2022 before this final ruling.
Legal Basis and Constitutional Concerns
The Court of Appeals focused its decision primarily on constitutional interpretation rather than on policy considerations. The majority opinion emphasized that the state constitution clearly limits voting privileges to citizens, making the city’s attempt to expand the franchise beyond that boundary unconstitutional. State Senator Andrew Lanza commented on the issue, saying, “It’s hard to discuss because it’s crazy it’s even an issue,” reflecting the perspective of many who viewed the law as obviously conflicting with constitutional principles.
The court’s ruling stated explicitly that “our Constitution limits voting to citizens,” resolving a question that had divided New Yorkers along political lines. While the city had argued that allowing noncitizens to vote in local elections fell within its authority to manage municipal affairs, the court rejected this reasoning, finding that voting rights are fundamentally governed by state constitutional provisions that cannot be overridden by local legislation.
Impact on Democratic Participation
Proponents of Local Law 11 had argued that noncitizens contribute significantly to the city’s economy through taxes and community involvement and therefore deserve representation in local governance. The law would have granted voting rights specifically to legal permanent residents with green cards, those with work authorizations, and DACA recipients who had lived in the city for at least 30 days. In a city where approximately 40% of the population is foreign-born, supporters viewed the measure as addressing a significant representation gap.
Republican mayoral candidate Curtis Sliwa suggested an alternative approach to increasing democratic participation, noting that New York City suffers from chronically low voter turnout among citizens. “With one of the lowest voter turnout rates in the country, our city needs to do more to engage working people who feel shut out of the process,” Sliwa stated. This perspective shifts focus from expanding the franchise to engaging existing eligible voters who have become disillusioned with the political process, a concern that transcends the specific issue of noncitizen voting.
Sources:
- Noncitizens can’t vote in NYC elections, court rules
- NYC’s non-citizen voting law struck down by New York’s top court
- NYC’s law allowing noncitizens to vote is dead as state’s highest court shuts it down
