Conservatives Rejoice as Radical Law Shot Down in 6-1 Ruling

New York’s top court has struck down a controversial law that would have allowed 800,000 noncitizens to vote in local elections, ruling that the measure directly violated the state constitution’s explicit requirement that voters must be citizens.

Key Insights

The New York Court of Appeals ruled 6-1 that Local Law 11 violates the state constitution, which explicitly limits voting rights to citizens.
The nullified law would have granted voting rights to approximately 800,000 noncitizens with green cards, work authorizations, and DACA recipients in NYC elections.
Republican officials led by Staten Island Borough President Vito Fossella successfully challenged the law after it was initially passed by the NYC Council in 2021.
The court’s ruling focused on constitutional requirements rather than policy merits, ending the possibility of noncitizen voting through state courts.

Constitutional Violation Confirmed by High Court

In a decisive 6-1 ruling, the New York Court of Appeals has permanently struck down New York City’s controversial Local Law 11, which would have allowed noncitizens to vote in municipal elections. The court determined that the law, passed by the City Council in 2021 and implemented in January 2022, directly violated the state constitution’s provisions on voting rights. The measure would have granted approximately 800,000 noncitizens with legal status, including green card holders and DACA recipients, the right to vote for local offices like mayor and City Council members.

The court’s majority opinion was unambiguous about the constitutional barriers to such legislation. “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” the court stated in its ruling. This clear interpretation effectively ends any possibility of noncitizen voting through New York state courts, requiring a constitutional amendment for any future attempts to implement such a policy.

Legal Battle and Political Reactions

The law, originally titled “Our City Our Vote,” faced immediate legal challenges after its enactment. Republican officials, led by Staten Island Borough President Vito Fossella, filed lawsuits arguing that the measure violated both the state constitution and election laws. A lower court judge initially blocked the law in June 2022, a decision that has now been upheld by the state’s highest court. The legal dispute centered on the constitutional language that explicitly reserves voting rights for US citizens.

State Senator Andrew Lanza expressed strong opposition to the law, stating: “It’s hard to discuss because it’s crazy it’s even an issue.” Meanwhile, Republican mayoral candidate Curtis Sliwa suggested that NYC should focus on improving citizen voter participation rather than expanding voting rights to noncitizens. NYC has struggled with low voter turnout in recent elections, a problem Sliwa believes deserves greater attention from city officials.

Broader Implications for Voter Rights

The Court of Appeals’ decision comes amid ongoing national debates about voting rights and election integrity. Supporters of the now-invalidated law had argued that noncitizens contribute significantly to the city through taxes and community involvement and should therefore have a voice in local governance. They noted that approximately 40% of New York City’s population is foreign-born, creating unique representation challenges in the metropolis.

Critics of the measure, however, maintained that voting is a fundamental right of citizenship and a privilege that should be earned through the naturalization process. The court’s ruling emphasizes that while policy debates may continue, any changes to voting eligibility must follow proper constitutional procedures. This decision establishes a significant precedent that will likely influence similar initiatives in other jurisdictions considering noncitizen voting measures for local elections.