Liberal judges on New York’s highest court sided with conservatives Thursday to reject a law that would have given noncitizens the right to vote.
The law, passed by the New York City Council in December 2021, would have enabled nearly 800,000 “lawful permanent residents” to vote in local elections. The New York Court of Appeals ruled 6-1 to strike it down.
“[I]t is plain from the language and restrictions contained in Article II 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 and who vote by ballot,” Chief Judge Rowan Wilson wrote in the ruling.
New York City Mayor Mayor Eric Adams did not veto the bill, allowing it to become law in January 2022. Republicans and a group of voters sued shortly after, arguing the state constitution prohibits noncitizens from voting.
The state constitution stipulates in Article II that “every citizen shall be entitled to vote at every election for all officers elected by the people.” Supporters of the law argued that this does not necessarily prohibit noncitizens from voting.
“Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote — including, as counsel for appellants stated during oral argument, thirteen-year-old children,” Wilson wrote.
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