New York’s top court strikes down law allowing non-citizens to vote

The New York Court of Appeals, the state’s highest court, made a significant decision on Thursday by blocking a law that would have allowed non-citizens to vote in local elections. This ruling came in response to a law passed in 2021 by New York City’s majority Democratic city council that aimed to make nearly 1 million non-citizens eligible to vote in municipal elections, including for mayor and city council.

A former New York City Council member expressed disappointment in the ruling, calling it an “open and shut case” and labeling the law as “embarrassing.” The city had argued in a court filing that non-U.S. citizens constitute about a third of the adult population in New York City.

Chief Judge Rowan Wilson, writing for the majority, emphasized that the New York state constitution clearly states that only citizens are eligible to vote. He pointed out that the provision on voter qualifications in the constitution does not explicitly deny non-citizens the right to vote but specifies that voting rights are reserved for citizens over the age of 18.

Wilson highlighted the potential consequences of allowing non-citizens to vote, suggesting that under the appellants’ logic, municipalities could pass legislation enabling anyone to vote, including children as young as thirteen. He emphasized that the New York Constitution restricts voting rights to citizens and that citizenship is a prerequisite for voter eligibility.

The decision to block the law was supported by a near-unanimous 6-1 vote, with Associate Judge Jenny Rivera dissenting. The ruling upholds a previous decision by a lower court that invalidated the law.

Joe Borelli, a former New York City councilman and plaintiff in the case, applauded the court’s decision, stating that the state constitution and statutes are “plainly written and in clear language.” He criticized the city council for attempting to circumvent the law, undermine the constitution, and diminish the voting rights of citizens.

Overall, the Court of Appeals’ ruling reaffirms the principle that voting rights in New York City are reserved exclusively for citizens. Non-citizens will not be permitted to participate in local elections, ensuring that the integrity of the voting process is maintained.