New York’s highest court strikes down law that seeks to allow non-citizens to vote in municipal elections
‘New York’s highest court ruled that voting in municipal elections is a right reserved exclusively for U.S. citizens, striking down a 2021 law that aimed to extend voting rights to noncitizens, including green-card holders and work permit holders.
The law faced opposition from Republican groups and officials, who argued it violated the New York State Constitution and required a public referendum under the Municipal Home Rule Law. Lower courts sided with the plaintiffs and the Court of Appeals upheld their decision in a 6–1 ruling.
The ruling blocked voting rights for over 800,000 noncitizens in New York City, who had argued they deserved a voice in local matters due to their economic contributions and residency.
In Southern California, Santa Ana voters rejected Measure DD in 2024, which would have allowed noncitizens to vote in local elections. The measure was defeated by 60 percent of voters, despite the city’s progressive leanings.
Experts suggest the rejection reflects a broader trend of Latino voters becoming more conservative on immigration and voting rights, signaling a potential shift in public opinion on these issues.
The law, passed by the New York City Council in 2021, sought to extend voting rights in local elections to green-card holders and individuals with work permits who had lived in the city for at least 30 days. The council argued that noncitizens, who contribute billions in taxes and play a vital role in the city’s economy, deserved a voice in local matters such as public safety, sanitation and housing.
However, the law faced immediate legal challenges from the Republican National Committee, the New York Republican State Committee and several voters and officials. They argued that the measure violated the New York State Constitution, which explicitly states that “every citizen shall be entitled to vote.” (Related: New York City’s non-citizen voting law struck down as unconstitutional.)
Two lower courts sided with the plaintiffs, ruling that the law not only conflicted with the constitutional definition of an eligible voter but also required a public referendum under the Municipal Home Rule Law.
“State citizenship is a U.S. citizen who resides in a particular state, and it’s a subset. It would not permit New York to allow noncitizens to vote,” Attorney Michael Hawrylchak, representing the Republicans, said at the court during oral arguments. Hawrylchak also contended that altering voter eligibility constitutes a fundamental change to the election process, which would require a public vote to enact.
In line with this, the court sided with the plaintiffs, concluding that the law fundamentally altered the election process by changing the composition of the electorate. It struck down a law that would have granted voting rights to more than 800,000 noncitizens with a 6–1 decision, upholding lower court rulings that found the law unconstitutional and in violation of the state’s Municipal Home Rule Law.
Southern California voters have also turned down a measure that would have allowed noncitizens to vote in local elections
Measure DD faced significant opposition from local officials and conservative groups, including the Policy Issues Institute, which argued that the measure would be costly, lead to legal challenges and undermine the rights of U.S. citizens.
The failure of the measure comes as a surprise to some, given Santa Ana’s progressive leanings in recent elections. In 2020, the city overwhelmingly supported former Vice President Kamala Harris over President Donald Trump. However, experts suggest the outcome may reflect a broader shift in attitudes, particularly among Latino voters, toward immigration and voting rights.
“This is kind of in line with trends we’ve been seeing in both polling and elections of the Latino community getting more conservative on issues of immigration,” said Jon Gould, dean of the School of Social Ecology at the University of California, Irvine.
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