A contentious New York City law that would have granted voting rights in local elections to 800,000 noncitizens has been deemed unconstitutional by a state appeals court.
"We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void," Appellate Judge Paul Wooten wrote in Wednesday's majority opinion for the Appellate Division's Second Judicial Department in a 3-1 decision.
"Article IX provides that the elected officials of 'local governments' shall be elected by 'the people,' which incorporates by reference the eligibility requirements for voting under article II, section 1, applying exclusively to 'citizens,'" the judge wrote.
The decision upholds a lower court ruling in June of 2022 by Staten Island Supreme Court Justice Ralph Porzio, which Mayor Eric Adams and the City Council appealed. Republican National Committee Chairwoman Ronna McDaniel released a statement saying, "American elections should be decided by American citizens – full stop.
"The RNC has devoted significant resources to stopping Democrats from letting non-citizens vote, and this massive court victory in America's biggest city demonstrates the impact of our election integrity legal operation. The RNC will continue fighting to keep non-citizens out of our elections in New York City and nationwide."
Wooten also wrote in his ruling that if noncitizens are granted voting rights, it presupposes they could also run for mayor and other high offices.
Judge Lillian Wan offered the lone dissenting opinion saying, "The majority, by deeming the noncitizen voting law invalid, effectively prohibits municipalities across the state from deciding for themselves the persons who are entitled to a voice in the local electoral process. The majority's determination also disenfranchises nearly one million residents of the City, despite the fact that its people's duly elected representatives have opted to enfranchise those same residents."
As of last year, seven states said noncitizens may not vote in state and local elections: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio.
According to a Scott Rasmussen national survey, 89% of Republicans and 65% of Democrats say that people should be required to show proof of citizenship to vote.
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