Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

News

New York's highest court strikes down noncitizen voting in NYC


By

Brigid Bergin

Published Mar 20, 2025

Modified Mar 20, 2025


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .

VOTE HERE / VOTE AQUI sign

 

KENA BETANCUR/AFP via Getty Images


By

Brigid Bergin

Published Mar 20, 2025

Modified Mar 20, 2025


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

New York City’s controversial local law that would have allowed some people without U.S. citizenship to vote in city elections was ruled unconstitutional by the state’s highest court in a decision released Thursday.

“Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” Court of Appeals Chief Judge Rowan Wilson wrote in the 6-1 majority opinion issued Thursday. Associate Judge Jenny Rivera was the lone dissenter.

The ruling caps a protracted battle over who is permitted to vote in New York City’s municipal elections and puts an end, for now, to the fight to enfranchise more than 800,000 noncitizens who were legally living, working or going to school in the five boroughs.

The law, which the New York City Council passed in late 2021, would have allowed city residents with certain legal status – including green cards, work authorization and DACA status – to vote in city elections for mayor, comptroller, public advocate, borough president and the Council.

The law took effect in January 2022, just nine days after Mayor Eric Adams took office. The next day, Republicans led by Staten Island Borough President Vito Fossella filed a lawsuit arguing that New York's Constitution restricted voting rights in all elections to U.S. citizens and that the law would dilute citizens’ votes. The suit set off a three-year legal battle.

A state Supreme Court judge in Staten Island ruled in their favor in 2022, as did an appellate court last year. The City Council then appealed to the state’s top court.

“For what should be the final time, common sense has prevailed,” Fossella said in a statement Thursday. “From day one we maintained that the plain language of the New York State Constitution does not extend the right to vote to noncitizens. We are thankful the Court of Appeals saw it the same way, and by a significant margin.”

Supporters of the measure, including the City Council and civil rights advocates and attorneys from the organization LatinoJustice PRLDEF, appealed two lower-court decisions before arguing the measure before the Court of Appeals in February. They said the city had the right to determine who could participate in its local elections.

“The highest court in New York State has spoken. We respect the court’s ruling,” said Nicholas Paolucci, a spokesperson for the city Law Department, which was defending the law on behalf of the City Council.

In a statement, City Council Speaker Adrienne Adams said that while the Council also respected the ruling, “we disagree that the State Constitution bars municipalities from expanding the local franchise to noncitizens as noted by Justice Rivera in her dissent.”

Adams, who is running for mayor, noted that the Council did agree with certain parts of the court’s ruling, which found that the way the Council passed the noncitizen voting law was legitimate.

“The Council, as always, will continue to support and protect our immigrant community members,” she added.

Cesar Ruiz, associate counsel at LatinoJustice PRLDEF, called the decision a “terrible setback for our immigrant communities who contribute so much to the well-being of the city.”

“Sadly, this decision aligns with the desires of those in this country who at this moment are persecuting immigrants and want to erase their influence and presence in our society, and reinforces systemic barriers that actively strip immigrants of opportunities for representation, protection and inclusion,” Ruiz said. He added that LatinoJustice will continue to fight for policies that support all New Yorkers, even those who are not U.S. citizens.

This story has been updated with additional information.

Tagged

new york city

new york state

Politics

elections


Brigid Bergin

Twitter

Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE news

Central Park birders, others remember 63-year-old woman killed in park

People who said they knew her described her as an artist and a familiar presence in the Ramble.

By

Charles Lane

Published Sep 28, 2026 at 7:04 p.m. ET


Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says

It's the latest in a string of hit-and-run deaths in the city in recent months.

By

Liam Quigley

News

Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says

It's the latest in a string of hit-and-run deaths in the city in recent months.

By

Liam Quigley


New ingredient mandated for Latin American kitchen, restaurant plates in NJ

By

Arya Sundaram

A Brooklyn jail cell filled with smoke. The emergency button failed, a lawyer said.

By

Samantha Max

Crews launch tunnel machines to dig first new Hudson River rail tunnels since 1910

By

Michael Sol Warren


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .