New York Court Halts Noncitizen Voting in City Elections
In a significant decision, New York state’s highest court has halted New York City’s initiative to allow noncitizens to participate in municipal voting. The Court of Appeals, with a 6-1 ruling, emphasized that the current state constitution limits voting rights exclusively to citizens.
The law, proposed in 2022 but never enacted, aimed to extend voting rights to approximately 800,000 noncitizens with legal status or work authorization in the U.S., allowing them to vote in local elections like those for mayor or city council. However, the measure did not include voting for federal or state positions.
Following its introduction, state Republican officials initiated legal actions against the legislation. The law faced rejection at every level of the state court system, culminating in this latest decision.
Celebrating the ruling, NYGOP Chair Ed Cox stated, “Efforts by radical Democrats on the New York City Council to permit noncitizen voting have been rightly rejected.” The Republicans’ attorney, Michael Hawrylchak, expressed satisfaction with the court’s interpretation of the state constitution’s stipulations on voter eligibility.
Despite the setback, New York City’s heavily Democratic City Council, which had passed the law, expressed disappointment. Council Speaker Adrienne Adams remarked that while they respect the court’s decision, the council’s intent was to enhance democratic participation among tax-paying noncitizens contributing to their communities.
Mayor Eric Adams did not take a definitive stance on the measure; he neither signed nor vetoed it, allowing it to pass without his endorsement. His spokesperson, Kayla Mamelak Altus, affirmed the administration’s respect for the court’s ruling.
While New York’s decision represents a significant moment in the national discussion on noncitizen voting rights, some municipalities in Maryland and Vermont, as well as Washington, D.C., have allowed noncitizen participation in local elections. Conversely, Santa Ana, California, recently voted against a similar measure, and several states explicitly prohibit noncitizen voting.
The New York state constitution stipulates that voting rights are reserved for citizens 18 years and older who are residents of the state. The document further specifies residency requirements for voters in county and municipal elections. New York City defenders of the law argued the interpretation of “every citizen” was not meant to exclude noncitizens and maintained that the city should have autonomy in deciding its electoral policies.
Critics from the GOP have accused Democrats of attempting to breach constitutional boundaries for potential partisan advantages.
