A New York City legislation allowing non-citizens to vote in local elections was ruled unconstitutional by a state appeals court on Wednesday.
The goal of the 2022 law, which has been repeatedly challenged in court, was to allow Big Apple residents who hold green cards and those who have been granted permission to work in the country to cast ballots in municipal elections for positions like mayor and City Council. This would have added about 800,000 new eligible voters to the 8.5 million-inhabitants of the East Coast metropolis.
The New York Appellate Division for the Second Judicial Department ruled 3-1 that the state constitution’s provision stating that “every citizen shall be entitled to vote” only applies to citizens of the United States. The court also decided that rather than being approved by a local assembly, modifications to elections must be approved by a public referendum in accordance with a state Municipal Home Rule Law provision.
Writing for the Appellate Division’s 2nd Department, Judge Paul Wooten also argued that since noncitizens are permitted to vote, it therefore makes sense that they would be able to run for mayor as well.
Supporters of the “Our City, Our Vote” measure, led by progressive Democrats, claimed that it would increase immigration inclusivity in the city and increase political representation. Republicans made up the majority of those opposed, claiming that Democrats were only trying to boost their numbers and that voting fraud would result from a logistical nightmare.
Judge Lillian Wan stated in her dissenting opinion that: “The majority, by deeming the noncitizen voting law invalid, effectively prohibits municipalities across the state from deciding for themselves the persons who are entitled to a voice in the local electoral process.”
Although City Hall has not stated if it intends to appeal to a higher court, Mayor Eric Adams had previously supported the ordinance and challenged a lower court’s decision against it.
