Noncitizens who legally live in New York City will no longer be permitted to vote in city elections.
The state Supreme Court struck down a law that went into effect in January and would have given noncitizens access to the ballot starting next year. New York has more than 800,000 noncitizens who were poised to vote in municipal races, a significant number that could swing city elections — the New York City Democratic primary for mayor last year was decided by only 7,197 votes in favor of now-Mayor Eric Adams. The court struck down the law on Monday, ruling there is “no statutory ability for the City of New York to issue inconsistent laws permitting noncitizens to vote and exceed the authority granted to it.”
“The Municipal Voting Law is ‘impermissible simply and solely for the reason that the Constitution says that it cannot be done,’” the court wrote in its ruling. “Though voting is a right that so many citizens take for granted, the City of New York cannot ‘obviate’ the restrictions imposed by the Constitution.”
The Republican National Committee filed a lawsuit on Jan. 10, 2022, one day after the law took effect, claiming the legislation violates the New York Constitution, New York election statutes, and the state’s Municipal Home Rule Law that requires voter citizenship. The RNC named Adams, the City Council, and the New York City Board of Elections in the suit, alleging they were carrying out a “blatant attack on election integrity.”
“Today’s ruling is a huge victory for election integrity and the rule of law: American elections should be decided by American citizens,” RNC Chairwoman Ronna McDaniel said in a statement to the Washington Examiner. “The RNC is proud to head a broad coalition in successfully challenging this unconstitutional scheme and will continue to lead the effort across the country to ensure only citizens can vote in America’s elections.”
The New York Republican Party joined the lawsuit, along with multiple City Council members who had voted against the legislation and Rep. Nicole Malliotakis (R-NY).
The law would have allowed legal residents, such as those with green cards or children who were brought to the country illegally but are allowed to stay under the federal DACA program, to vote in city elections. However, the plaintiffs raised concerns about how the law would be implemented and whether noncitizens would end up on voter registration lists for state and federal elections.
The RNC also filed lawsuits in two cities in Vermont for legislation that would allow noncitizens to vote in local elections, and party leaders are engaged in similar efforts in Arizona.
The Washington Examiner reached out to the New York City Council and Adams’s office for comment but did not receive responses.
