New York's highest court strikes down noncitizen voting rights uniting liberal and conservative justices in a 6-1 decision

 March 22, 2025

The New York Court of Appeals has struck down a New York City law Thursday that would have allowed noncitizens to vote in local elections, the Daily Caller reported. Liberal and conservative justices alike in the state's highest court voted 6-1 to block the law.

The New York City Council passed the law in December 2021 and was allowed to into effect by New York City Mayor Eric Adams. The law went into effect in January 2022 and was immediately challenged by Republicans in the state.

It opened the city's elections to "lawful permanent residents" in the city, meaning some 800,000 noncitizens would get to cast ballots. Many celebrated the court's decision to restore common sense to New York City elections.

The Law's Origins

According to the Associated Press, the 2021 law was written with the rationale that permanent residents and those permitted to work in the U.S. should be able to vote even if they aren't American citizens. It would also allow so-called "Dreamers," who came to the U.S. illegally as children, could be given a voice.

"We build a stronger democracy when we include the voices of immigrants," former City Councilmember Ydanis Rodriguez said when advocating for the law. Rodriguez is also the city's Department of Transportation commissioner.

After some trepidation, Adams came out in favor of the law at the time as well. "I believe that New Yorkers should have a say in their government, which is why I have and will continue to support this important legislation," the mayor said at the time.

According to Fox News, some believe that because noncitizens who live in New York City are taxpayers, they should have a say in the local government. "These New Yorkers pay billions in taxes and yet have no say in local policies on public safety, garbage collection, or housing — all matters that affect their day-to-day lives," attorneys wrote in defense of the law in court filings.

There are some jurisdictions, including 11 Maryland towns, that allow their residents to vote even without citizens. However, national election laws still prohibit noncitizens from voting for president.

Faulty Premise

Armed with their feel-good motivations, the people advocating for the law felt that New York's state Constitution left the door open to noncitizens voting. The language of the document guarantees citizens who are 18 and over the right to vote.

However, the Constitution does not explicitly say anything about noncitizens, at least according to those pushing for the law. In his opinion, Chief Judge Rowan Wilson confirmed that the state is clear about the intentions even if it doesn't spell out prohibitions.

The judge said that their reading would make it okay "to enact legislation that would enable anyone to vote – including… 13-year-old children," Wilson wrote. "The New York Constitution as it stands today draws a firm line restricting voting to citizens," he added.

"It is plain from the language and restrictions contained in 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. Thursday's decision answered the question once and for all.

The insanity of allowing noncitizens to vote in elections is something that can only come from Democrats. President Donald Trump and the Republicans are once again rejoicing that commonsense has struck down yet another Democratic attempt to rig elections.

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