Appeals court rules NYC law allowing noncitizens to vote in local elections violates state constitution 

The New York State Court of Appeals ruled Wednesday that a law allowing noncitizens to vote in New York City’s local elections violates the state constitution.

The Appellate Division of the Second Department of Justice has ruled 3-1 against a bill that would have allowed non-citizens to vote in New York City’s local elections, including mayoral elections. released Wednesday. The New York City Council approved the bill in 2021, but faced a lawsuit challenging the law soon after Mayor Eric Adams (D) enacted it in 2022.

“This lawsuit is based on New York City Local Law No. 11 (2022), which created a new class of voters eligible to vote in municipal elections consisting of individuals who are not U.S. citizens but who meet certain enumerated criteria. As Associate Justice Paul Wooten wrote in his judgment for the Court of Appeal:

“We find that this local law has been enacted in violation of the New York State Constitution and Municipal Government Law, and therefore should be declared invalid,” it added.

This was a victory for those who sued against the bill, including Rep. Nicole Malliotakis of New York. celebrated the news on X (formerly Twitter).

“Great news! We won in the Court of Appeals, invalidating @NYCMayor’s attempt to enforce the law to register non-citizens to vote in #NYC elections. A huge victory in protecting both voices of the American people!” she said.

Other participants in the lawsuit include New York City Council Republican Leader Joe Borelli, who said: politiko It was an “easy case”. Staten Island Borough President Vito Fosella was also named as a plaintiff in the case.

“All they had to do was read the state constitution and local laws. The criticism lies with the bill’s sponsors,” Borrelli told Politico.

A New York State Supreme Court judge also ruled in 2022 that the law violates the state constitution. According to the Associated Press, the law would allow an estimated 800,000 non-citizens to vote in New York City.

Despite his earlier concerns, Adams supported the bill when it became law in 2022, The Associated Press reported at the time.

“I believe New Yorkers should have a voice in their government, which is why I support and will continue to support this important legislation,” Adams said in a statement at the time, according to the Associated Press. said.

The Hill has reached out to Adams’ office for comment.

The Associated Press contributed.