The Blubber

New York’s highest court has struck down a law that would have allowed noncitizens to vote in New York City elections, with the court’s progressive majority largely siding with Republican challengers.

The law, which would have extended voting rights to over 800,000 noncitizens in municipal elections, including mayoral races, was overturned in a 6-1 decision.

“We file some lawsuits that are stretches,” said Joe Borelli, former Republican minority leader of the New York City Council and one of the plaintiffs in the case. “This one was, from the beginning, an open-shut case.”

The legislation was passed in the final days of Mayor Bill de Blasio’s administration. When neither he nor his successor, Eric Adams, vetoed it, the measure automatically became law in early 2022.

Court Rejects Democratic Argument

The legal battle hinged on language in the New York State Constitution, which states that “every citizen shall be entitled to vote at every election for all officers elected by the people.”

Republicans argued this wording clearly prohibits noncitizens from voting, while Democrats on the City Council contended that “citizen” should be seen as a minimum requirement, not a strict limit—allowing local governments to expand voting rights if they choose.

The Court of Appeals decisively rejected the Democratic argument. Writing for the majority, Chief Judge Rowan Wilson dismissed the notion that municipalities could unilaterally broaden voter eligibility.

“Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote—including … thirteen-year-old children,” Wilson wrote.

“It is plain from the language and restrictions contained in [the state constitution] 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,” he added.

Republican Victory Mirrors Lower Court Rulings

The ruling aligns with decisions in two lower courts, which also found the law unconstitutional.

“As the court had held from the very beginning, the law is clear that voting is a sacred right that is for United States citizens,” said Assemblymember Michael Tannousis, a Staten Island Republican and another plaintiff in the case.

“As the son of immigrants who came to New York for the American dream and worked hard to become naturalized citizens, I am content with today’s ruling,” he added.