OAN Staff James Meyers
1:50 PM – Thursday, March 20, 2025
New York’s highest court struck down a controversial law allowing foreign noncitizens to vote.
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The New York Court of Appeals ruled on Thursday in a 6-1 vote that the law — passed by the City Council in late 2021 — violated the state’s Constitution.
It held the support of current Democrat mayoral candidates Adrienne Adams and Brad Lander. It would have allowed 800,000 noncitizens with green cards the right to vote.
Nevertheless, it was deemed unconstitutional last month by an appellate court.
“Today’s filing to appeal the Second Department’s recent decision seeks a determination from the state’s highest court that the law is consistent with the State Constitution, Election Law, and the Municipal Home Rule Law,” said Rendy Desamours, spokesperson for the City Council.
“Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” the opinion states.
The ruling closes the law in the state courts and it kills hopes of left-wing City Council members and progressive advocates of the city’s 800,000 green card-holders having any say in local elections.
Former Democrat Councilman Ydanis Rodriguez, who serves as Mayor Eric Adams’ (D-N.Y.) transportation commissioner, had initially introduced the bill — allowing green card-holders to vote. Rodriguez and others argued that noncitizens with green cards should be able to vote since they “pay taxes and make contributions” to their communities.
As the bill picked up steam through the council, it garnered support of 36 co-sponsors.
The Council passed the legislation over the objections of Republicans, who viewed the proposed law as a nonstarter, especially since the state Constitution appears to clearly limit voting to U.S. citizens only.
Even Democrat then-Mayor Bill de Blasio said at the time that he couldn’t get behind the bill, leaving it unsigned, as he left office for his incoming replacement, Adams, to take care of it. Additionally, Adams himself never signed the bill, but he also didn’t veto it.
Adams’ “inaction” allowed for it to be passed into law just days into 2022.
However, a number of New York Republican politicians, led by Staten Island Borough President Vito Fossella, quickly challenged the law — arguing that it was highly unconstitutional and would take away the value of New Yorkers’ votes.
As a result, the challenge was upheld in back-to-back rulings, prompting an appeal and a showdown in the state’s highest court — which led to the opinion on Thursday.
Fossella took a victory lap on the ruling.
“This is a victory for common sense, and the sanctity and security of our franchise — the right to vote as American citizens,” he said.
Assemblyman Michael Tannousis (R-N.Y.), who also participated in the lawsuit, noted that the law had undermined faith in elections.
“As the son of immigrants who diligently pursued the American dream, I find it imperative to uphold the righteousness of our electoral process,” said Tannousis. “Granting voting rights to noncitizens within a mere 30 days of residency undermines this principle. Our democracy is built on the foundation that voting is a privilege of citizenship, and any deviation from this erodes public trust.”
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