New York's highest court strikes down noncitizen voting law for municipal elections
NEW YORK (WABC) -- The New York Court of Appeals, the state's highest court, on Thursday struck down New York City's law that granted some noncitizens the right to vote in municipal elections, ruling the Constitution limits voting to citizens.
It is "a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs and who vote by ballot," the opinion said.
In January 2022, New York became the first big city in the country to grant rights to some noncitizens to vote for Mayor, Public Advocate, Comptroller, Borough President and City Council Member.
Republicans immediately challenged.
Supporters of the law said the Constitution grants local governments broad powers to manage their own affairs, but the Court of Appeals said that still "does not authorize erasing the limitations" on voting.
"Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens," the opinion said.
Staten Island Borough President Vito Fossella, who is the named plaintiff in the case against the mayor, said "common sense has prevailed."
"This is a victory for common sense, and the sanctity and security of our franchise -- the right to vote as American citizens," Fossella said. "We are pleased that this matter can finally be put to rest, once and for all."
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