Controversial Law Struck Down: High Court Deals Decisive Blow

New York’s highest court dealt a decisive blow to noncitizen voting in America’s largest city, ruling that allowing 800,000 noncitizens to cast ballots in local elections violates the state constitution.

Quick Takes

The New York Court of Appeals struck down NYC’s Local Law 11 in a 6-1 decision, ruling it unconstitutional
The law would have allowed approximately 800,000 noncitizens with green cards, work authorizations, or DACA status to vote in local elections
The court determined that the state constitution explicitly limits voting rights to citizens only
Republican officials led by Staten Island Borough President Vito Fossella successfully challenged the law
The ruling ends the possibility of noncitizens voting in NYC local elections through state courts

Constitutional Clash Ends Noncitizen Voting

New York’s highest court has definitively ruled that noncitizens cannot vote in the city’s local elections, striking down a controversial 2022 law known as “Our City Our Vote.” The Court of Appeals determined in a 6-1 decision that Local Law 11 directly conflicts with the state constitution, which explicitly reserves voting rights for citizens. The legislation would have granted voting privileges to approximately 800,000 noncitizens in New York City, including green card holders, those with work authorizations, and DACA recipients for local offices like mayor and City Council.

The court’s majority opinion made clear that regardless of the policy’s intentions, the legal foundation for such a measure was absent. “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” wrote the Court of Appeals in its decision. The ruling puts an end to a legal battle that began shortly after the law took effect in January 2022, when a coalition of Republican officials led by Staten Island Borough President Vito Fossella filed a lawsuit challenging its constitutionality.

Republican Officials Celebrate Victory

Conservative elected officials and candidates hailed the court’s decision as a win for constitutional principles and the integrity of American elections. Vito Fossella, who spearheaded the legal challenge, expressed satisfaction with the outcome. The borough president emphasized the importance of preserving voting as a right specifically for American citizens, viewing the ruling as confirmation of a fundamental constitutional principle rather than merely a political victory for conservatives.

Republican mayoral candidate Curtis Sliwa suggested that New York City’s focus should shift to increasing participation among citizens who are already eligible to vote rather than expanding the franchise to noncitizens. Sliwa highlighted the city’s notoriously low voter turnout rates, arguing that many citizens feel disconnected from the political process. State Senator Andrew Lanza expressed disbelief that noncitizen voting was even being considered, calling the concept “crazy” and reinforcing the view that voting should remain a privilege reserved for those who have obtained citizenship.

Demographic and Political Implications

The now-defunct law was designed to address representation concerns in a city where an estimated 40% of the population is foreign-born. Supporters of the measure had argued that noncitizens contribute significantly to the city’s economy through taxes and should therefore have some voice in local governance decisions that affect their daily lives. The City Council, which passed the legislation in 2021, aimed to create what they viewed as a more inclusive democratic process that acknowledged the role of immigrant communities in New York City’s civic life.

The court’s ruling, however, emphasized that such policy considerations cannot override constitutional requirements. The decision focused primarily on the legal authority of local governments to establish voting criteria rather than debating the merits of noncitizen voting itself. By determining that the state constitution “limits voting to citizens,” the court effectively closed the door on the possibility of noncitizens voting in local elections through New York’s state courts. Any future attempts to establish noncitizen voting would require amending the state constitution, a lengthy and politically challenging process that would face significant hurdles in the current political climate.