A New York appeals court ruled Wednesday that a state law that would have granted noncitizens the right to vote in local elections was unconstitutional.
In a 3-1 ruling, the New York State Supreme Court, Appellate Division, Second Judicial Department struck down a law that would have permitted legal residents and green card holders in New York City the ability to participate in municipal elections. The bill was approved in 2021 and enacted in 2022, despite opposition from Republicans, who called the legislation reckless. It had yet to take effect.
“We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void,” Appellate Judge Paul Wooten wrote in the majority ruling. “Article IX provides that the elected officials of ‘local governments’ shall be elected by ‘the people,’ which incorporates by reference the eligibility requirements for voting under article II, section 1, applying exclusively to ‘citizens.’”
The high court’s decision is a major victory for state Republicans who sued to thwart the Democratic-backed law which would have allowed 800,000 noncitizens to vote, according to Politico.
“I won baby, I won,” New York City Council Republican leader Joe Borelli told Politico. “This was an easy case. All they had to do was read the state constitution and municipal law. The criticism falls on the proponents of the bill.”
Rep. Nicole Malliotakis (R-NY) and Borelli were among the Republicans who filed a lawsuit. Malliotakis praised the ruling in a post to X, calling it a “big victory.”
“There is nothing more important than preserving the integrity of our election system, and in today’s age, the government should be working to create more trust in our elections, not less,” Malliotakis said in a statement. “The right to vote is a sacred right given only to United States citizens. It is my hope that left-wing lawmakers stop pushing these unconstitutional and reckless measures that dilute the voices of American citizens.”
Democrats who supported the legislation said the law would make voting in the city more inclusive to immigrants. Executive Director for the New York Immigration Coalition Murad Awawdeh said in a statement that the lawsuit was a “shameful attempt by xenophobic Republicans” to keep residents from voting.
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“Immigrant New Yorkers deserve a say in how their local government functions and spends their tax money, and we remain committed to ensuring the expansion of voting rights,” Murad said.
Three cities in Vermont allow noncitizens to vote in local elections, in addition to a San Francisco law that grants noncitizens the right to vote in school board elections, Politico reported. Washington, D.C., is facing legal challenges for its attempt to implement the D.C. Noncitizen Voting Act, which also would allow noncitizens to vote in local elections.
