New York Noncitizen Voting Law Struck Down 6-1 by State Top Court
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Yesterday, New York’s top court struck down a law that would have let noncitizens vote in New York City elections, with the court’s leftist majority overwhelmingly siding with Republicans who challenged the idea.
Voting is limited to citizens, the court ruled! The law would have made more than 800,000 people eligible to vote in municipal contests such as mayoral races.
The Court of Appeals upheld a lower-court ruling that had declared unconstitutional the city’s bid to allow noncitizens to vote.
The law was approved in the last days of Mayor Bill de Blasio’s administration. When neither he nor his successor, Eric Adams, issued a veto, it automatically became law in early 2022.
The legal battles since, charged that the new law violated Article II of the state’s constitution, which states that “Every citizen shall be entitled to vote at every election ... 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.”
The New York state constitution “limits voting to citizens,” Court of Appeals Chief Judge Rowan Wilson wrote for the 6-1 court. The ruling affirms the lower court decision that allowed up to 1 million non-citizens living in New York City for at least 30 days before an election to vote in municipal elections.
State Republicans, led by former congressman and current Staten Island Borough President Vito Fossella (R), challenged the law, arguing that the state constitution limits voting rights to US citizens.
The New York City Council and LatinoJustice PRLDEF argued that the constitution language saying every “citizen” who’s at least 18 years old “shall be entitled to vote at every election” is a floor—not a ceiling—that guarantees citizens the right to vote but that doesn’t prohibit voting by others.
The court disagreed, saying that “reading is incompatible with other portions” of the constitution, which “precisely defines who may vote, restricting the franchise to citizens.” And the City Council’s interpretation “would allow municipalities to enact legislation letting anyone vote, including 13-year-old children!”
LatinoJustice told the court during an oral argument in February that “citizens” would apply for “at least US citizenship” but could “expand beyond that class.” Wilson said that argument is “disconnected from the issue in this case.”
“Even if someone could be a citizen of New York State without being a citizen of the United States, Local Law does not purport to enfranchise citizens of New York who are not citizens of the United States—it purports to enfranchise noncitizens with no reference to any idea of New York State citizenship,” Wilson said.
Associate Judge Jenny Rivera partially dissented, saying the state constitution doesn’t prohibit localities from “exercising their home rule authority to enfranchise noncitizens.” However, she agreed that the law should be struck down because it was never subjected to a referendum, even though it requires the city to “Implement extensive changes to its registration and election procedures to accommodate municipal voters.”
Congratulations to the Republicans who supported their state constitution and challenged Democrat-controlled NYC. This is an important reminder that following the Constitution and the Rule of Law matter and are worth fighting for!
NOTE: The Washington State Constitution Says - Article 6, §1 Qualifications of Electors: All persons of the age of eighteen years or over who are CITIZENS of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote.
This is not difficult and common sense - Noncitizen voting is unconstitutional - Voting is limited to US citizens!
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Chairman, WSRP Executive Board Member, 5-Term Skagit County GOP Chairman, Citizen Journalist, Blogger, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate.