Blue state's top court strikes down law allowing noncitizens to vote

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The New York Court of Appeals, the state's highest court, blocked a law on Thursday allowing noncitizens to vote in local New York City elections. 

A former New York City Council member responded to the ruling by saying it should have been an "open and shut case" and that the law was "embarrassing."

The law, enacted in 2022, was immediately challenged by Republicans, who argued that the state constitution's language grants voting rights to "every citizen."

"Today, the RNC secured a major win for American voters and the sanctity of their votes," Republican National Committee Chairman Michael Whatley said. "The New York Court of Appeals decision reaffirms that only American citizens should have an impact on the outcome of our elections."

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 People arrive to cast their vote during the early voting.  (Christopher Mark Juhn/Anadolu via Getty Images)

Whatley added that the RNC will continue to fight attempts by Democrats and their "far-left allies" to weaken voting safeguards. 

In a court filing by city attorneys, the city said non-U.S. citizens make up about a third of the adult population in the city. The law would have let around 800,000 people in NYC eligible to register to vote.

Supporters of the law said non-citizens in some council districts make up a significant portion of the adult population and contribute billions of dollars in taxes. 

"These New Yorkers pay billions in taxes and yet have no say in local policies on public safety, garbage collection, or housing — all matters that affect their day-to-day lives," attorneys for the city wrote in a filing.

The near unanimous, 6-1, decision blocks a law passed in 2021 by New York City’s majority Democratic city council that would have made nearly 1 million noncitizens eligible to vote in municipal elections, including for mayor and city council.

New York’s highest court ruled on Thursday to block a law allowing noncitizens to vote in local elections. (Tyler A. McNeil/Melissa Sue Gerrits)

Those arguing in favor of the law claimed that a provision in the New York Constitution on the qualifications of voters only guaranteed the right of citizens over 18 to vote while not denying that right to noncitizens. 

Chief Judge Rowan Wilson wrote in the decision that the New York state Constitution clearly articulates that only citizens are eligible to vote. 

Wilson wrote that under the appellants’ logic, municipalities would be "free to enact legislation that would enable anyone to vote – including… 13-year-old children." 

"The New York Constitution as it stands today draws a firm line restricting voting to citizens," he said. "It is plain from the language and restrictions contained in that ‘citizen’ is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs."  

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The decision blocks a law passed in 2021 that would have made nearly 1 million noncitizens eligible to vote in municipal elections, including for mayor and city council. (Fox News Photo/Joshua Comins)

Joe Borelli, one of the plaintiffs in the case and a former New York City councilman who voted against the law, told Fox News Digital that "the state Constitution and statutes are plainly written and in clear language." 

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"This has always been an open and shut case, and it’s embarrassing that the city council fought so hard to skirt the law, undermine the Constitution, and weaken the votes of citizens," he said. 

The ruling upholds an earlier decision by a lower court invalidating the law. Associate Judge Jenny Rivera was the only member of the court to dissent.