New York City's noncitizen voting law overturned by state's highest court

The state’s highest court on Thursday overturned a New York City law that extended voting rights to lawful permanent residents and other noncitizens for certain municipal elections.

The 6-1 ruling by the New York State Court of Appeals found that a city law enacted in 2022 violated New York State’s constitution, which it determined gave only citizens the right to vote.

In 2021, a bill first passed through the New York City Council amended who can vote, according to the decision. It later became Local Law 11 and was enacted after two city mayors, including Eric Adams, took no action on the bill, according to the court decision.

According to Our City, Our Vote, a coalition of organizations that advocated for the measure, the law would have expanded voting rights to 900,000 people who are legal permanent residents and have work authorizations.

But as soon as the law took effect, Staten Island Borough President Vito Fossella and other people associated with the Republican Party challenged it in court, preventing the city from implementing the law, according to the ruling.

Because of the lawsuit, "no one was conferred new voting rights," Rendy Desamours, spokesperson for New York City Council Speaker Adrienne E. Adams, said in an email.

In the appeals decision, Chief Judge Rowan D. Wilson and judges Michael J. Garcia, Madeline Singas, Anthony Cannataro, Shirley Troutman and Caitlin J. Halligan sided with the plaintiffs, agreeing that the state constitution and the election law restricts voting to citizens.

One dissenting judge, Jenny Rivera, argued that "Article IX of the New York State Constitution and the Municipal Home Rule Law grant localities broad authority to structure their own governments and elections to enhance accountability and serve the unique needs of their residents."

She further stated the state constitution only prohibited "persons" convicted of certain crimes from voting.

City Council Speaker Adams said in a statement: "While we are disappointed with today’s overall ruling, we respect the judiciary’s role in our democracy to make these decisions. The Council, as always, will continue to support and protect our immigrant community members."

Murad Awawdeh, president of the New York Immigration Coalition, called the decision a "grave injustice" for the New Yorkers who would have benefited and contributed to society, work and pay taxes.

"Today’s decision by the New York Court of Appeals to strike down Local Law 11 is a devastating setback for voting rights, and disenfranchises the communities that help keep New York City running," Awawdeh said in a statement, vowing to continue working on a more inclusive democracy.

Fossella, the lead plaintiff, thanked the Court of Appeals for affirming their position. 

"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," Fossella said in a statement.