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Top state court strikes down New York City’s noncitizen voting law

ALBANY — New York City’s plan to let noncitizen residents vote in local elections is dead, struck down by the state’s highest court in a ruling issued Thursday morning.

The state Court of Appeals issued its decision in the case that has been making its way through the courts since January 2022, invalidating NYC Local Law 11 and affirming that in the state of New York, voting rights in local elections are available to citizens only.

New York City’s Local Law 11 established a class of “municipal voters,” who were defined as noncitizens who were residents of New York City for at least 30 days prior to the election and met all other qualifications to vote aside from citizenship. They were able to vote for the offices of city mayor, public advocate, comptroller, borough president and city councilmember.

It would have expanded voting rights to about 800,000 city residents, but the law never took effect as it was immediately challenged.

The law was passed by the City Council in 2021, and went unsigned as former mayor Bill DeBlasio left office. When Eric Adams took office, he also declined to sign or veto the bill, which automatically became law.

In its decision, the Court of Appeals found that the law violated terms of the state constitution, specifically Article II Section 1, which defines voting to citizens ages 18 or older who have lived in the area they want to vote in for at least 30 days. They also found the law violated state laws, which define that nobody can register to vote for elections unless they’re a citizen, and finally violates a provision of the state constitution regarding what local governments are allowed to change in their election laws.

The judicial opinion was upheld by six justices, with one dissenting. That dissension, written by Justice Jenny Rivera, found that the state constitution gives broad home rule powers to local governments and thereby allows the city to extend noncitizen voting.

While some progressives have pushed for and championed the noncitizen voting law in New York City, Republicans have railed against it as clearly unconstitutional. Moderates across the state have declined to come to the law’s defense.

“The decision by the Court of Appeals is a victory for every New Yorker who believes in our Constitution,” said state Senate Republican leader Rob Ortt III, R-North Tonawanda. “Even the stacked Court of Appeals cannot deny the fact that the sacred right to vote is one that belongs to the American citizen only.”

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