New York's highest state court, the Court of Appeals, has affirmed that voting is limited to citizens.
Most New Yorkers take for granted that only citizens can vote for elected offices across the country, but that would be a mistake. There is a growing movement to allow non-citizens to vote. That effort was dealt a blow this week in the New York Court of Appeals.
In 2021, the New York City Council passed a bill to allow some non-citizens to vote in municipal elections. Mayor Bill de Blasio left office without signing or vetoing the bill. Mayor Eric Adams also neither signed nor vetoed the bill. So, without any action, the bill became law in 2022 granting some non-citizens the right to vote in New York City.
The law was taken to court and Court of Appeals Chief Justice Rowan Wilson said in the majority opinion that, "Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens."
Wilson said the plaintiffs' interpretation of Article II would allow municipalities to be "free to enact legislation that would enable anyone to vote—including... thirteen-year-old children."
Full-throated support of this decision came in quickly from Republican and Conservative voices
New York State Conservative Party Chairman Gerard Kassar said, “In a major victory for common sense, the New York State Conservative Party and other clear-eyed plaintiffs just succeeded in their legal effort to prohibit non-citizen voting in New York City. This historic 6-1 decision is a win for every citizen of New York State. The fact that the case was overwhelmingly decided by a left-of-center court reflects on just how fundamental this suit was to U.S. democracy. Maybe there’s some hope out there after all.”
Congressman Mike Lawler (R-Hudson Valley) said, “The court got this right: only citizens should be eligible to vote in our elections.”
Elon Musk said, “They tried hard to legalize non-citizen voting in New York and just failed. Now, they will try to keep doing it illegally. Voter ID is still banned in New York and California!”
Rep. Nicole Malliotakis (R-Staten Island/South Brooklyn) said, “I’m pleased that we prevailed in our final round in court and have stopped New York City’s Non-Citizen voting law once and for all! The state’s highest court, the Court of Appeals, has sided with us and two lower courts in striking down this unconstitutional law. There is nothing more important than preserving the integrity of our election system, and in today’s age, the government should be working to create more trust in our elections, not less.”
NY Senate Minority Leader Rob Ortt (R) said, “The decision by the Court of Appeals is a victory for every New Yorker who believes in our Constitution. 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.”
Rep. Nick Langworthy (R-Jamestown) said, “HUGE WIN for election integrity! As NYGOP Chairman, I led the fight to stop this unconstitutional scheme—and today, we prevailed. Only U.S. citizens should decide our elections. Democrats tried to undermine our democracy, but we held the line.”