
ALBANY, NY – New York State's highest court, the Court of Appeals, decisively struck down a New York City law that would have permitted approximately 800,000 non-citizens to vote in local elections. The 6-1 ruling, handed down on March 20, 2025, upholds lower court decisions that found the city's "Our City, Our Vote" measure unconstitutional. The law, known as Local Law 11, was passed in 2021 but never went into effect due to ongoing legal challenges.
The invalidated law would have granted legal permanent residents and those with work authorization, who had resided in New York City for at least 30 days, the right to cast ballots in municipal contests, including for mayor and City Council. Proponents argued it would empower a significant portion of the city's tax-paying population. However, the measure faced immediate legal opposition from Republican officials who argued it violated the state constitution.
Writing for the majority, Chief Judge Rowan D. Wilson stated, "Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens." The court concluded that the state constitution's clause, "every citizen shall be entitled to vote," establishes citizenship as a clear condition for voter eligibility, not merely a minimum requirement. This interpretation rejected arguments that municipalities could expand voting rights beyond this definition.
The ruling was met with strong reactions from both sides of the political spectrum. Assemblymember Michael Tannousis, a Staten Island Republican and plaintiff in the case, celebrated the decision, asserting that "the law is clear that voting is a sacred right that is for United States citizens." Conversely, immigrant rights advocates expressed deep disappointment, with Cesar Ruiz of LatinoJustice PRLDEF calling it "a terrible setback for our immigrant communities who contribute so much to the well-being of the city."
The New York City case reflects a broader national debate on non-citizen voting, which is permitted in some other U.S. cities like San Francisco and Washington D.C. The legal battle effectively answers public queries regarding the extent of non-citizen participation in New York City elections, confirming that, for now, only citizens may vote in the city's local contests.