Noncitizens can't vote in NYC elections, court rules

NEW YORK - New York's top court on Thursday struck down a city law that would have allowed noncitizens to vote in local New York City elections.

The New York Court of Appeals ruled that NYC's Local Law 11 "violates the New York State Constitution" as "our Constitution limits voting to citizens."

"This appeal is not about whether enfranchising noncitizens to vote in municipal elections is good policy. That is a political question expressly reserved for local legislative bodies," the court wrote in its opinion.

What was Local Law 11?

The backstory:

Local Law 11, enacted in 2022, would allow anyone living in New York City to vote for mayor, public advocate, comptroller, borough president and City Council.

According to estimates, it would have allowed an additional 800,000 noncitizens in NYC eligible to register to vote, according to a Politico report.

The bill was purportedly intended to address representation concerns in a city with 40% of its population being foreign-born.

A voting station is seen at the Bronx County Supreme Court House as voters head to the polls for the Democratic primary on June 25, 2024 in New York City. (Photo by Spencer Platt/Getty Images)

Proponents of the law highlighted that in some City Council districts, noncitizens make up a significant portion of the adult population and contribute billions in taxes. They argue that these residents should have a voice in local matters affecting their daily lives.

They also assert that noncitizens contribute significantly in taxes and deserve a say in local governance.

"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 for the city wrote in a filing.

‘It's crazy it's even an issue'

The other side:

Republicans immediately challenged the law, arguing that the state constitution's language granting voting rights to "every citizen," according to Fox News.

An appellate court previously sided with Republicans, ruling that noncitizens were intended to be excluded from voting rights.

"It’s hard to discuss because it’s crazy it’s even an issue," state Sen. Andrew Lanza, a Staten Island Republican, told Politico. "Citizens ought to vote; if you’re not a citizen of a country, you should not have a say."

What they're saying:

The New York Court of Appeals asserted that its decision is not about the merits of such a policy but rather about the legal authority of local governments to make this decision.