- 6-1 ruling declares voting exclusive to citizens under state constitution
- Legislation would have impacted ~800k green card holders/authorized workers
- 15 U.S. jurisdictions currently allow some noncitizen voting locally
New York’s Court of Appeals delivered a seismic blow to municipal election reform efforts Thursday, striking down a 2022 law that sought to grant voting rights to noncitizens in city races. The sharply worded majority opinion emphasized constitutional protections around citizenship as a voting prerequisite, dealing a decisive victory to Republican challengers.
Legal analysts note the decision hinged on interpretation of Article II’s “every citizen” phrasing. While NYC attorneys argued this permitted municipal expansions, Justice Anthony Cannataro countered that “the text creates a floor – not a ceiling – for eligibility requirements.” The ruling preserves New York’s status among 42 states requiring citizenship for all elections.
Unique Insight: Municipal voting rights battles reveal a growing urban-rural divide, with 83% of noncitizen voting measures originating in cities since 2020. This aligns with Brookings Institution findings about metro areas driving progressive policy experiments.
Regional Case Study: Maryland’s Takoma Park – a pioneer since 1992 – shows mixed results. While 19% of 2023 voters were noncitizens, turnout remains 23% below citizen participation rates according to city data. Proponents argue representation matters more than turnout metrics.
The failed NYC legislation would have created the nation’s largest noncitizen electorate, dwarfing existing programs in San Francisco (school board elections) and Vermont towns. Supporters emphasized that affected residents collectively pay $1.2B in annual city taxes, per Fiscal Policy Institute estimates.
Republican leaders framed the court battle as constitutional preservation. “This stops radical overreach dead in its tracks,” stated NYGOP Chair Ed Cox. Meanwhile, immigration advocates warn the decision disenfranchises essential workers – 68% of whom work in healthcare/transportation sectors critical to NYC’s economy.
Legal scholars predict ripple effects: 14 pending noncitizen voting bills in other states may face heightened scrutiny. Professor Elena Kagan (NYU Law) notes, “Courts increasingly demand explicit constitutional authorization for franchise expansions post-2020 election challenges.”
With Mayor Adams maintaining neutrality and national Democrats divided on the issue, the ruling likely concludes NYC’s immediate reform efforts. However, 74% of city residents under 35 support noncitizen voting in local elections per Quinnipiac polling, suggesting future political battles.
