The New York Court of Appeals ruled 6-1 that a law allowing noncitizens to vote in city elections violates the state constitution.
“[I]t is plain from the language and restrictions contained in Article II that ‘citizen’ is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs and who vote by ballot,” Chief Judge Rowan Wilson wrote.
According to the state constitution, “Every citizen shall be entitled to vote at every election for all officers elected by the people and upon all questions submitted to the vote of the people provided that such citizen is eighteen years of age or over and shall have been a resident of this state, and of the county, city, or village for thirty days next preceding an election.” Supporters of the now-struck-down law argued that the state constitution does not explicitly prohibit noncitizens from voting.
“Appellants urge that Article II, section 1 merely provides a floor, guaranteeing that citizens may vote in all elections but not prohibiting voting by others,” Wilson wrote. “Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote—including, as counsel for appellants stated during oral argument, thirteen-year-old children.”
“Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” the ruling added. “Accordingly, the order of the Appellate Division insofar as appealed from should be modified, without costs, in accordance with this opinion and, as so modified, affirmed.”
Associate Judge Jenny Rivera provided the dissenting opinion.
“Article IX of the New York State Constitution and the Municipal Home Rule Law grant localities broad authority to structure their own governments and elections to enhance accountability and serve the unique needs of their residents,” Rivera wrote. “The New York City Council relied on that authority to enact Local Law 11, which purports to allow noncitizen lawful permanent residents and people authorized to work in the United States to vote in local elections as ‘municipal voters.'”
The bill allowing noncitizens living in New York City to vote in local elections became law in 2022 when the window for Mayor Eric Adams to take action against it expired.
