The New York Court of Appeals struck down a law allowing noncitizens to vote in New York City elections, including mayoral races.
On Thursday, the state’s highest court ruled 6-1 that the law, which would have let over 800,000 green card holders vote in local elections, violated the state constitution.
‘It is my hope that left-wing lawmakers stop pushing these unconstitutional and reckless measures that dilute the voices of American citizens.’
The City Council passed the controversial legislation in 2021 under former Mayor Bill de Blasio (D).
Democratic supporters of the law argued that noncitizens should be able to vote because they are contributing members of their communities who pay taxes. However, most of the high court’s progressive judges disagreed, with Chief Judge Rowan Wilson contending that voting is the right only of citizens.
“Under that interpretation, municipalities are free to enact legislation that would enable anyone to vote — including … thirteen-year-old children,” Wilson wrote on behalf of the majority. “It is plain from the language and restrictions contained in [the state constitution] that ‘citizen’ is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs.”
The court closed the door on the matter, declaring, “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens.”
Joe Borelli, the former Republican minority leader of the City Council and one of the plaintiffs in the case, stated, “We file some lawsuits that are stretches.”
“This one was, from the beginning, an open-shut case,” he remarked.
Rep. Nicole Malliotakis (R-N.Y.) called the ruling “a BIG win for common sense & democracy!”
“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!” she wrote on X. “The state’s highest court, the Court of Appeals, has sided with us and two lower courts in striking down this unconstitutional law.”
Malliotakis added, “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. The right to vote is a sacred right given only to United States citizens. It is my hope that left-wing lawmakers stop pushing these unconstitutional and reckless measures that dilute the voices of American citizens.”
Elon Musk commented on the high court’s decision, stating that the ruling has “not exactly killed” the Democrats’ plans because New York City still does not require identification to vote.
“So they will now continue using non-citizen votes illegally,” Musk said. “But it will be harder.”
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