New York’s Highest Court Strikes Down Non-Citizen Voting Law for New York City Municipal Elections

The New York State Court of Appeals ruled on Thursday, March 20th, that a New York City law allowing non-citizens to vote in municipal elections is unconstitutional, effectively blocking a measure that would have disenfranchised citizens by allowing noncitizens and other foreign nationals with work authorization to vote illegally. The decision marks a significant victory for American citizens—Democrats, Republicans, and naturalized citizens—who challenged the law, arguing that it violated the state’s constitution.

The law, passed by the New York City Council in 2021, granted voting rights to non-citizen residents with green cards, work authorizations, or DACA status who had lived in the city for at least 30 days. It did not extend to state or federal elections. The ruling affirms lower court decisions that previously struck down the measure, citing constitutional limitations on voting rights.

In the 6-1 decision, Chief Judge Rowan Wilson stated that the New York Constitution “draws a firm line restricting voting to citizens” and does not allow local governments to expand the franchise beyond that group. The court rejected the City Council’s argument that the constitutional provision setting voting rights for citizens served as a minimum standard rather than an absolute requirement.

Wilson explained that accepting that interpretation would mean municipalities could grant voting rights to anyone, including “thirteen-year-old children,” an outcome he deemed incompatible with the constitution’s language.

The law faced immediate legal challenges upon taking effect in January 2022, with Staten Island Borough President Vito Fossella and other New Yorkers filing a lawsuit against the city. They contended that the measure diluted the votes of American citizens and undermined the integrity of the electoral system.

Fossella welcomed the ruling, stating, “This is a victory for common sense, and the sanctity and security of our franchise—the right to vote as American citizens.”

Critics of the law also raised concerns that it could have allowed recently arrived asylum seekers and those with temporary work permits to vote. The measure is applied to anyone with work authorization, including individuals on student visas (F-1), employment visas (H-1B), and asylum seekers who receive work permits after filing claims. Opponents argued that this provision could have allowed recently arrived migrants to participate in local elections, a scenario they deemed problematic.

Associate Judge Jenny Rivera issued a partial dissent, arguing that while the state constitution does not explicitly prohibit municipalities from granting voting rights to noncitizens, the law should have been subjected to a public referendum before being enacted. However, she agreed that the law could not stand as written.

The ruling deals a setback to City Council Speaker Adrienne Adams, who supported the law and is now running for mayor. Opponents of the measure say its defeat protects the political influence of U.S. citizens, particularly Black voters in New York City, who have fought for decades to build electoral power.

The New York City Council and LatinoJustice, an advocacy group that defended the law, have not yet responded to the ruling.