Noncitizen Voting Blocked by New York’s Top Court

The New York Court of Appeals has blocked noncitizen voting in local New York City elections, halting an audacious attempt to expand voting rights in the most populous city in America.

At a Glance

The New York Court of Appeals invalidated Local Law 11, which allowed noncitizens to vote in local elections.
The court ruled that the law violates the New York State Constitution, which limits voting to citizens only.
The law was set to allow approximately 800,000 noncitizens to vote, but was deemed unconstitutional.
The decision ends the possibility of noncitizens voting through state courts, upholding citizenship as a requirement for voting.

Court Declares Local Law 11 Unconstitutional

The New York Court of Appeals issued a decisive ruling against Local Law 11, enacted in 2022, which sought to extend voting rights to noncitizens in local elections. The court reinforced that the New York State Constitution confines electoral participation to citizens, striking down the law with a compelling 6-1 decision. This marks a significant legal obstacle for proponents advocating for the voting inclusion of noncitizens.

Proponents of the now-defunct law, dubbed “Our City Our Vote,” argued that noncitizens contribute significantly through taxes and should therefore have a say in local governance. However, the court held firm on constitutional grounds, nullifying efforts to broaden voter participation at the city level.

Opposition Cites Constitutional Grounds

Republicans, led by Staten Island Borough President Vito Fossella, staunchly opposed Local Law 11. Fossella championed the decision as a triumph for common sense and the sanctity of voting rights, emphasizing that deciding who votes is a matter of constitutional fidelity. His efforts, backed by a judge’s previous block of the measure in June 2022, culminated in the Court of Appeals’ ruling.

“This is a victory for common sense, and the sanctity and security of our franchise — the right to vote as American citizens. We are pleased that this matter can finally be put to rest, once and for all.” – Vito Fossella

The court’s focus remained sharply on the legal scope of local versus state government authority, rather than the policy’s implications, quashing the initiative intended to allow noncitizens with green cards, work authorizations, and DACA recipients to register and vote.

Debate Over Voter Engagement and Turnout

The ruling has reignited discussions about voter engagement in New York City. Republican mayoral candidate Curtis Sliwa calls attention to the dismal voter participation among citizens and suggests that efforts should prioritize engaging the community by making individuals feel their votes truly matter.

“With one of the lowest voter turnout rates in the country, our city needs to do more to engage working people who feel shut out of the process.” – Curtis Sliwa