BY Benjamin ClarkMarch 22, 2025
4 months ago
BY 
 | March 22, 2025
4 months ago

New York high court rejects noncitizen voter law

New York’s highest court has struck down a law that would have permitted noncitizens to participate in local elections in New York City.

The judge's ruling vindicated a Republican contention that the state constitution grants voting rights exclusively to U.S. citizens, as Politico reports.

The controversy centered on legislation passed during the tenure of former New York City Mayor Bill de Blasio, which came into effect in early 2022. This law would have allowed over 800,000 noncitizens residing in the Big Apple to vote in municipal elections, including those for mayor.

Despite passing in the city's council and not being vetoed by de Blasio or his successor, Mayor Eric Adams, the law sparked immediate legal challenges. Opponents cited the New York State Constitution, which explicitly states, "Every citizen shall be entitled to vote at every election for all officers elected by the people."

Republicans, leading the challenge, argued this clause should be interpreted strictly, limiting voting rights solely to U.S. citizens. They insisted that the language of the constitution did not support expansions to include noncitizens.

Debate Over Voter Eligibility Expands

Democrats countered by suggesting the Constitution set a minimum standard, arguing local authorities could extend voting rights beyond this baseline.

This perspective sought flexibility in interpreting constitutional provisions to accommodate changing demographics and civic engagement standards.

However, the Court of Appeals, led by Chief Judge Rowan Wilson, rejected this interpretation. The 6-1 ruling articulated that the constitutional language did not merely suggest a floor but established citizenship as a fundamental condition for voting eligibility.

"Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote -- including … thirteen-year-old children. It is plain from the language and restrictions contained in [the state constitution] that ‘citizen’ is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs," Wilson wrote in the majority opinion.

Court’s Decision Echoes Voting Integrity Concerns

Joe Borelli, a former Republican minority leader of the New York City Council and one of the plaintiffs in the case, described the lawsuit’s clarity from its inception. “We file some lawsuits that are stretched. This one was, from the beginning, an open-shut case,” said Borelli.

This sentiment was echoed by Assemblymember Michael Tannousis, another plaintiff, who highlighted the personal significance of the ruling.

“As the court had held from the very beginning, the law is clear that voting is a sacred right that is for United States citizens. As the son of immigrants who came to New York for the American dream and worked hard to become naturalized citizens, I am content with today’s ruling,” he remarked.

The ruling has reiterated the exclusivity of voting rights to citizens, underlining the constitutional barrier against expanding this right to noncitizens, notwithstanding local legislative attempts.

Implications for Future Voter Eligibility Laws Emerge

The decision has potential implications beyond New York City, prompting other municipalities to reevaluate the legal frameworks governing voter eligibility.

It challenges local governments seeking to broaden civic participation among noncitizen populations, suggesting a constitutional amendment may be required for such expansions.

This ruling also sets a precedent for future legal battles over voter eligibility, particularly in other states where similar movements to expand voting rights to noncitizens have gained traction.

It could signal a trend toward more stringent interpretations of voter eligibility laws nationwide.

The court’s decisive stance, in this case, underscores the ongoing debate between enhancing voter inclusivity and adhering to traditional interpretations of the Constitution, setting a legal benchmark for other jurisdictions contemplating similar questions about who should have the right to vote.

Written by: Benjamin Clark

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