New York State's Highest Court Rules Against Noncitizen Voting Law in NYC

The bid to allow noncitizen voting in New York City hit a definitive roadblock as the state's highest court struck down the controversial local law today. The Court of Appeals, in a decisive 6-1 majority opinion, declared the measure unconstitutional, effectively halting enfranchisement efforts for over 800,000 legally residing noncitizens. According to Gothamist, Chief Judge Rowan Wilson wrote, “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens.” This ruling concludes a protracted legal tussle over municipal voting rights in the city.

Previously, the New York City Noncitizen Voting Law had gained traction after passing in December 2021 and was enacted in January 2022, just as Mayor Eric Adams assumed office. The law would have permitted select legal residents, including green-card holders and "Dreamers," residing in the city for a minimum of 30 days, to vote in city elections. After being challenged in court, the Staten Island Borough President led the Republican charge, the day after the law took effect, arguing it would dilute the votes of citizens and was fundamentally unconstitutional.

This recent verdict follows a series of lower court decisions which also found the law violated the state constitution and Municipal Home Rule Law (MHRL), even as it did not breach state election law. The lawsuit spearheaded by the Republican National Committee, New York Republican State Committee, and various voters and elected officials, pushed back, stating that the addition of noncitizens to the voting pool would considerably increase the electorate, influencing how campaigns and parties operate.

In a lone dissent, Associate Judge Jenny Rivera held that the constitution, when viewed inclusively, along with its legislative history, supports a "more expansive vision of voting rights and municipal home rule powers over municipal elections." Furthermore, supporters of the law, including Adams, echoed this sentiment, arguing, according to Democracy Docket, that the constitution and past interpretations permit local laws to define "qualified voter" with more latitude than state election law does.

The ruling effectively ends the fight to extend voting rights to noncitizens in New York City, at least within the current legal framework.