ELECTION INTEGRITYNoncitizens Cannot Vote in New York City’s Local Elections, State High Court Rules
Though few localities allow noncitizens to vote, Republicans have made it a focus.
New York state’s highest court struck down a New York City statute that would have allowed 800,000 noncitizens to vote in mayoral, city council and school board elections.
This month, six of the seven judges on the New York State Court of Appeals upheld an earlier ruling that found the city’s statute unconstitutional, siding with the New York Republican State Committee, the Republican National Committee and others. The statute, which passed the City Council in 2021 and would have gone into effect the following year, was never implemented after it was immediately challenged in court.
“[I]t is facially clear that only citizens may vote in elections within the State of New York,” wrote Chief Judge Rowan D. Wilson for the majority.
Proponents of allowing legal permanent residents and those in the United States on work authorization to vote solely in local elections argue that it helps integrate immigrants into American society, allowing them to vote on issues dear to them, such as their children’s education or taxes.
Taking that away is a “grave injustice,” said Murad Awawdeh, president and CEO of the New York Immigration Coalition, one of the groups that appealed a lower court’s ruling.
“New York City needs more democracy, not less,” Awawdeh said in a statement. “Expanding voting rights strengthens our communities, and improves our school, housing, and public services.”
New York City was one of about 20 cities and towns in California, Maryland and Vermont — along with the District of Columbia — that allow noncitizens to vote in some local elections. Those laws make it clear that the vote would only be extended for local elections, noting that only U.S. citizens may vote in statewide and federal elections.
In November, 60% of voters in Santa Ana, California, rejected a ballot measure that would have allowed noncitizens to vote in local elections.
Last month, a Vermont Superior Court judge dismissed a conservative group’s lawsuit challenging Burlington’s statute allowing noncitizens to vote in local elections, including those for school board.
As Stateline has reported, very few noncitizens have actually participated in these local elections, many either afraid that voting would alert federal immigration officials or unaware that the statutes even existed.
Those challenging the New York City statute argued that not only did the statute language violate the state constitution, but that it also would dilute the voice of the city’s 5 million registered voters.
The issue of noncitizens participating in American elections has become a focus of Republican efforts to add more restrictions to the voting process. The GOP-led Congress has made enacting the proposed Safeguard American Voter Eligibility Act a major priority. The legislation, known as the SAVE Act, would require voters to show a birth certificate, passport or some proof of citizenship to register to vote in federal elections.
But passing the SAVE Act could disenfranchise U.S. citizens, some voting rights advocates say.
Critics of the measure point out that more than 21 million American citizens lack access to such documents. They also note that women who have changed their names after marriage are also at risk of being disenfranchised. Finally, they point out that it is already illegal under federal law for noncitizens to vote.
Matt Vasilogambros covers voting rights, gun laws and Western climate policy for Stateline. The article originally appeared in Stateline.
