Blue state's top court strikes down law allowing noncitizens to vote

The law, enacted in 2022, was immediately challenged by Republicans, who argued that the state constitution's language grants voting rights to "every citizen."

"Today, the RNC secured a major win for American voters and the sanctity of their votes," Republican National Committee Chairman Michael Whatley said. "The New York Court of Appeals decision reaffirms that only American citizens should have an impact on the outcome of our elections."

Supporters of the law said non-citizens in some council districts make up a significant portion of the adult population and contribute billions of dollars in taxes. 

"These New Yorkers pay billions in taxes and yet have no say in local policies on public safety, garbage collection, or housing - all matters that affect their day-to-day lives," attorneys for the city wrote in a filing.

The near unanimous, 6-1, decision blocks a law passed in 2021 by New York City's majority Democratic city council that would have made nearly 1 million noncitizens eligible to vote in municipal elections, including for mayor and city council.

Chief Judge Rowan Wilson wrote in the decision that the New York state Constitution clearly articulates that only citizens are eligible to vote. 

"The New York Constitution as it stands today draws a firm line restricting voting to citizens," he said. "It is plain from the language and restrictions contained in that 'citizen' is not meant as a floor, but as a condition of voter eligibility: the franchise extends only to citizens whose right to vote is established by proper proofs."  

Joe Borelli, one of the plaintiffs in the case and a former New York City councilman who voted against the law, told Fox News Digital that "the state Constitution and statutes are plainly written and in clear language." 

"This has always been an open and shut case, and it's embarrassing that the city council fought so hard to skirt the law, undermine the Constitution, and weaken the votes of citizens," he said. 

The ruling upholds an earlier decision by a lower court invalidating the law. Associate Judge Jenny Rivera was the only member of the court to dissent.