Progressive Judges Hand Republicans Legal Victory on Non-Citizens Voting

New York's highest court, the Court of Appeals, struck down a local law allowing non-citizens to vote in New York City elections, upholding a lower court ruling in a 6-1 decision on Thursday. Despite the court's progressive tilt, most justices aligned with majority-Republican plaintiffs who challenged the measure.

Why It Matters

The New York Court of Appeals' seven justices, all appointed by Governor Kathy Hochul and former Governor Andrew Cuomo, both Democrats, do not always vote along ideological lines. While Michael Garcia, the court's only Republican, is its most conservative member, rulings often reflect a mix of judicial philosophies rather than strict partisan divides.

The ruling comes just over seven months before New York City's mayoral elections, in which incumbent Eric Adams' political fate is on the line.

What To Know

The local law, passed by the New York City Council in December 2021, took effect on January 8, 2022, but has faced legal challenges ever since.

It aimed to grant approximately 800,000 legal non-citizen residents the right to vote in municipal elections, including mayoral races, provided they met one of three criteria: they had lived in New York City for at least 30 consecutive days, are a "lawful permanent resident or authorized to work in the United States," or "meets all qualifications for registering or preregistering to vote under the election law, except for possessing United States citizenship, and who has registered or preregistered to vote with the board of elections in the city of New York under this chapter."

Court of Appeals Chief Justice Rowan Wilson, who delivered the majority opinion, held that Article II, Section 1 of the New York State Constitution "restricts voting to citizens," per court documents reviewed by Newsweek.

"Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens," Wilson wrote. He also 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."

Associate Judge Jenny Rivera was the sole dissenter in the decision, citing that the New York State Constitution grants "effective local self-government," which "necessarily includes the right of local communities to choose who may vote for local public officials and local laws, and how best to ensure accountability of their elected representative."

The majority's decision upholds a lower court's previous ruling, which has been applauded by many local and federal Republicans.

What People Are Saying

New York State Senator Dean Murray, a Republican, Thursday on X, formerly Twitter: "In a huge victory for common sense & the rule of law, the NY Court of Appeals has affirmed that voting is a right of citizenship, striking down NYC's attempt to allow noncitizens to vote in elections. This outcome is a victory for voters who believe in fair & legal elections."

Kayla Mamelak Altus, Mayor Eric Adams' press secretary, told Newsweek on Thursday: "The highest court in New York State has made its decision, and we respect the court's ruling."

U.S. Representative Nick Langworthy, a New York Republican, Thursday on X: "The NY Court of Appeals just struck down NYC's illegal non-citizen voting law. 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. This is a victory for the rule of law, for fair elections, and for every legal voter in New York!"

Ryan Fournier, a conservative activist and co-founder of Students for Trump, Thursday on X: "Thank you to the NY Court of Appeals for ENDING New York's law that allows illegal immigrants to vote!"

What Happens Next

The court's ruling goes into effect immediately.

Update 3/20/25, 12:43 p.m. ET: This article was updated with additional information.

Update 3/20/25, 2:03 p.m. ET: This article was updated with comment from Kayla Mamelak Altus.