NYC’s law allowing noncitizens to vote is dead as state’s highest court shuts it down
The Big Apple’s controversial law allowing noncitizens to vote in city elections was struck down by the state’s highest court Thursday.
The New York Court of Appeals ruled 6-1 that the law — passed by the City Council in late 2021, with the support of current Democratic mayoral candidates Adrienne Adams and Brad Lander — violated the state constitution.
“Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” the opinion states.
No noncitizens in New York City ever cast a vote under the law, as it quickly was challenged in the courts.
The ruling closes the matter in the state courts and dashes hopes by many lefty City Council members and advocates of the city’s 800,000 green card holders getting a voice in local elections.
Former Councilman Ydanis Rodriguez, who now serves as Mayor Eric Adams’ transportation commissioner, had introduced the bill.
He and other supporters argued that noncitizens here legally should be able to vote because they pay taxes and make contributions to their communities.
As the bill wound its way through the Council, it racked up 36 co-sponsors, including from current-Speaker Adrienne Adams, Lander, now the city comptroller. Current city comptroller candidates Justin Brannan and Mark Levine also backed the bill.
The Council passed the legislation over the objections of Republicans, who viewed the proposed law as a nonstarter, especially because the state constitution appeared to clearly limit voting to US citizens.
Even progressive then-Mayor Bill de Blasio said he couldn’t support the bill, leaving it unsigned as he left office for his successor Eric Adams to handle.
Adams himself never signed the bill, but also didn’t veto it. His inaction meant it passed into law just days into 2022.
The mayor still expressed support for the law, saying in a statement at the time: “New Yorkers should have a say in their government.”
“I believe allowing the legislation to be enacted is by far the best choice, and look forward to bringing millions more into the democratic process,” he said.
Republican politicians, led by Staten Island Borough President Vito Fossella, quickly challenged the law, arguing it was unconstitutional and would devalue the citizen New Yorkers’ votes.
The challenge was upheld in back-to-back rulings, leading to an appeal and a showdown in the state’s highest court that led to the opinion Thursday.
Fossella took a victory lap on the ruling.
“This is a victory for common sense, and the sanctity and security of our franchise — the right to vote as American citizens,” he said.
Assemblyman Michael Tannousis (R-Staten Island/Brooklyn), who also participated in the lawsuit, said the law had undermined faith in elections.
“As the son of immigrants who diligently pursued the American dream, I find it imperative to uphold the righteousness of our electoral process,” said Tannousis. “Granting voting rights to noncitizens within a mere 30 days of residency undermines this principle. Our democracy is built on the foundation that voting is a privilege of citizenship, and any deviation from this erodes public trust.”
Rep. Nicole Malliotakis served as a lead plaintiff along with her mother Veralia, a Cuban refugee, in the lawsuit joining other local elected officials.
She previously argued the law, if it had gone into effect, would have made individuals in migrant shelters eligible to vote in New York City elections after 30 days if they had received work authorization.
“It is my hope that left wing lawmakers stop pushing these unconstitutional and reckless measures that dilute the voices of American citizens,” she said in a statement Thursday.
A City Hall spokesperson noted that the mayor did not support appealing the decision striking down the law to the state’s highest court.
“The highest court in New York State has made its decision, and we respect the court’s ruling,” Adams’ press secretary Kayla Mamelak said in a statement.
Adrienne Adams said the Council was disappointed with the ruling, but accepted the court’s decision.
“While we are disappointed with today’s overall ruling, we respect the judiciary’s role in our democracy to make these decisions. The Council, as always, will continue to support and protect our immigrant community members.” the speaker said.
Republican mayoral candidate Curtis Sliwa, in a statement issued shortly after the decision, argued that city leaders should concentrate on getting citizen New Yorkers to vote.
“With one of the lowest voter turnout rates in the country, our city needs to do more to engage working people who feel shut out of the process,” he said.
“Before expanding voting rights to noncitizens, we should focus on ensuring that more New Yorkers feel their voices matter. Too many hardworking people in this city have given up on politics because they believe the system doesn’t work for them.”
