A recent decision by a state appeals court in New York has declared a city law permitting non-citizens to vote in local elections as unconstitutional, a victory for Republican officials who contested its legality.
The ruling, issued Wednesday by Paul Wooten, an associate justice of the Appellate Division for the Second Judicial Department in New York, stated, “We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void.”
Mayor Eric Adams’ administration had been defending the law and had appealed a previous ruling against it. However, a spokesperson did not immediately respond to inquiries regarding potential further appeals to the state’s highest court.
The law, passed in 2022 but yet to take effect due to ongoing legal challenges, aimed to grant voting rights in local elections to green card holders and other New York City residents with federal work authorization. Advocates, primarily progressive Democrats, hailed the legislation, known as the “Our City, Our Vote” bill, as a step toward greater political representation and inclusivity for immigrants. Conversely, opponents, largely Republicans, raised concerns over potential logistical complications leading to voter fraud, and accused Democrats of attempting to bolster their electoral numbers.
Council Republican leader Joe Borelli, one of the plaintiffs who promptly sued upon the law’s enactment, celebrated the court’s decision, emphasizing the clarity of the state constitution and municipal law on the matter.
The legal battle unfolded against the backdrop of political dynamics, with Sarah Steiner, an election lawyer, noting the conservative leanings of Staten Island, where a lower court initially struck down the law.
The appellate court, in a 3-1 ruling, concurred with arguments that the state constitution’s language on voting rights pertains exclusively to U.S. citizens, and that changes to election procedures require voter referendum rather than legislative action at the local level.
While the decision was praised by opponents of the law, it drew criticism from advocates such as the New York Immigration Coalition, which described the legal challenge as a “shameful attempt” by xenophobic Republicans to disenfranchise residents.
Non-citizen voting remains a rarity in the United States, although there is a growing movement to legalize it. While Washington, D.C., has allowed non-citizens to vote in local elections, similar efforts have faced legal challenges elsewhere, including in San Francisco and Vermont cities like Burlington.