A New York City law aiming to extend voting rights in local elections to 800,000 noncitizens has been struck down as unconstitutional by a state appeals court.
In a 3-1 decision on Wednesday, Appellate Judge Paul Wooten authored the majority opinion for the Appellate Division’s Second Judicial Department, asserting that the law was enacted in violation of the New York State Constitution and Municipal Home Rule Law. Wooten highlighted Article IX, which mandates that elected officials of “local governments” be chosen by “the people,” with voting eligibility limited to citizens as outlined in Article II, Section 1.
The ruling echoes a previous decision made in June 2022 by Staten Island Supreme Court Justice Ralph Porzio, which had been appealed by Mayor Eric Adams and the City Council.
Reacting to the decision, Republican National Committee Chairwoman Ronna McDaniel emphasized the importance of American citizens solely determining election outcomes, pledging continued efforts to uphold election integrity.
Wooten’s opinion further posited that granting noncitizens voting rights could imply eligibility for mayoral and other high offices.
However, Judge Lillian Wan dissented, arguing that nullifying the noncitizen voting law curtails municipal autonomy and disenfranchises nearly one million city residents. Wan contended that the decision overrides the city’s elected representatives’ choice to expand voting rights.