New York’s highest court has halted the city’s attempt to extend voting rights to noncitizens in municipal elections. In a 6-1 decision, the court ruled that the current state constitution clearly limits voting rights exclusively to citizens. Though the city’s 2022 law was never implemented, supporters believed it could have impacted approximately 800,000 noncitizens with legal permanent residency or work authorization, allowing them to vote in city elections such as those for mayor and city council.
The law did not extend to federal or state positions. The measure faced immediate legal challenges from state Republicans, with courts at every level siding against the initiative. The state’s Court of Appeals finalized this decision, stating that the state’s constitution maintains strict restrictions on voter eligibility. NYGOP Chair Ed Cox celebrated the ruling, criticizing the city council’s efforts as an overreach. Meanwhile, attorney Michael Hawrylchak underscored the constitution’s boundaries on voter qualifications.
The legislation had been passed by a Democrat-majority City Council, which sought a judicial review from the higher court after previous setbacks. Although disappointed by the outcome, City Council Speaker Adrienne Adams acknowledged the decision, emphasizing the council’s intention to enhance democracy and civic engagement for noncitizens who actively contribute to the local community through taxes but lack electoral representation.
While New York City’s mayor, Eric Adams, did not sign or veto the legislation, he allowed it to become law by default, although it was quickly overturned. A representative for the mayor conveyed respect for the court’s judgment. In contrast, jurisdictions in Maryland, Vermont, and Washington, D.C., have passed measures enabling noncitizen voting in local elections, with San Francisco allowing noncitizen parents to vote in school board elections. However, Santa Ana, California, recently rejected a similar proposal, and some states have clear statutes preventing noncitizen enfranchisement.
The crux of the New York debate centered on constitutional interpretation. The state constitution stipulates that voters must be citizens, at least 18 years of age, and residents within the state and their local voting district. New York City authorities argued that this citizenship requirement did not explicitly exclude noncitizens, advocating for the city’s autonomy to broaden electoral participation as part of self-governance. Supporters asserted the law would recognize the contributions and practical ties that many noncitizens have to the city. However, the Republican opposition viewed the measure as unconstitutional and politically motivated.