Judge Says NYC Can’t Let Noncitizens Vote in City Elections

FILE — New York City Council Member Ydanis Rodriguez speaks during a rally on the steps of New York City Hall, ahead of a City Council vote to allow lawful permanent residents to cast votes in elections to pick the mayor, City Council members and other municipal officeholders, Dec. 9, 2021. A judge on Monday, June 27, 2022, blocked New York City from letting noncitizens vote for mayor and other municipal offices, a measure that Republicans challenged as unconstitutional. (AP Photo/Mary Altaffer, File)

A judge on Monday blocked New York City from letting noncitizens vote for mayor and other municipal offices, a measure that Republicans had challenged as unconstitutional.

In January, New York became the first major U.S. city to grant widespread municipal voting rights to noncitizens, though none had cast ballots yet.

The new law, passed by the Democrat-led City Council, allowed more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. The law didn’t affect presidential, congressional or state elections.

The law’s supporters said it gave an electoral voice to many people who have made a home in the city and pay taxes to it but face tough paths to citizenship. New York GOP Chair Nick Langworthy and several Republican elected officials said the law violated provisions in the state constitution and state election law that specifically confer voting rights on citizens.

Staten Island Judge Ralph Porzio agreed with the GOP.

“There is no statutory ability for the City of New York to issue inconsistent laws permitting noncitizens to vote and exceed the authority granted to it by the New York State Constitution,” Porzio wrote.

Langworthy hailed the ruling as a “victory for citizen rights, election integrity and the rule of law.” He accused New York Democrats of abusing their leadership of the city and state governments to “illegally rig the system while trampling on citizen’s rights.”

A request for comment was sent to lawyers for the city.

Legally documented, voting-age noncitizens comprise nearly one in nine of New York City’s 7 million voting-age inhabitants.

The law gave municipal voting rights to noncitizens who have been lawful permanent residents of the city for at least 30 days, as well as those authorized to work in the U.S. — including “Dreamers,” a term for young immigrants living in the country illegally who were brought here as children and have temporary protection from deportation.



  1. I disagree with the judge’s reading of the constitution. All it says is that all US citizens over 18 who live in a city in NY are entitled to vote there. It doesn’t say nobody else can vote. That’s up to the city. The city is not allowed to exclude people who are citizens, but it doesn’t say anything about not being allowed to include others as well.