On Thursday, the New York Court of Appeals, which is the state's highest court, ruled 6-1 against a New York City law that allows for non-citizens to vote in municipal elections. That means non-citizens in our country's largest city could vote in crucial elections such as for mayor and councilmen races, the latter of which are more important than one might think. The decision comes after a lengthy appeals process, as a judge also ruled in June 2022 that non-citizens could not vote in such elections.
In covering the ruling, the New York Post had a rather hopeful and celebratory headline, "NYC’s law allowing noncitizens to vote is dead as state’s highest court shuts it down." As the report mentioned:
“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 matter in the state courts and dashes hopes by many lefty City Council members and advocates of the city’s 800,000 green card holders getting a voice in local elections.
Supporters had argued that noncitizens here legally should be able to vote because they pay taxes and make contributions to their communities.
But Republicans and other opponents viewed the law as a nonstarter, especially because the state constitution appeared to clearly limit voting to US citizens.
Curtis Silwa, who ran for mayor as a Republican, pointed out that the city should instead focus on getting its own citizens to turn out to vote. "With one of the lowest voter turnout rates in the country, our city needs to do more to engage working people who feel shut out of the process," the report quoted him as saying.
According to the New York City Campaign Finance Board, the voter turnout rate in 2023, when all of those city council races were up for reelection, was 7.2 percent in the primary and 12.8 percent in the general election.
The win has been celebrated from New York Republican members of Congress, such as Rep. Nicole Malliotakis of the 11th Congressional District, which includes Staten Island and parts of Brooklyn. Michael Whatley, the RNC Chairman, also celebrated the decision, given how long the GOP has been involved in suing the city for trying to allow non-citizens to vote.
🚨BREAKING NEWS— we just won our third & FINAL round in court! NYC’s non-citizen voting law is officially dead!🥊A BIG win for common sense & democracy!
— Nicole Malliotakis (@NMalliotakis) March 20, 2025
HUGE Election Integrity victory in New York!
— Michael Whatley (@ChairmanWhatley) March 20, 2025
When New York City Democrats tried to add more than 800,000 non-citizens to their voter rolls, the RNC sued to stop them.
Today, after fighting for more than three years, the state’s highest court ruled in our favor, upholding the… https://t.co/Q2K1KG7C1g
The court ruling has become a trending topic over X, and Elon Musk has been among those chiming in. In his posts and replies, Musk also issued a warning. "Now, they will try to keep doing it illegally," he posted about non-citizens voting. "Voter ID is still banned in New York and California!"
Not only is voter ID indeed "still banned" in these blue states, but when Huntington Beach, California, tried to require voter ID, they were shut down from doing so, and California Attorney General Rob Bonta even sued. Senate Bill No. 1174, which was approved by Democratic Gov. Gavin Newsom late last September, prohibits requiring a person to present ID in order to vote.
Another comment from Musk, in reply to a post from Nick Sortor, also mentioned a lack of voter ID, warning that New York City "will now continue using non-citizen votes illegally." He did still appear to celebrate the decision in a way, adding, "But it will be harder."
Others posting about the victory for election integrity have also expressed similar concerns.
They tried hard to legalize non-citizen voting in New York and just failed.
— Elon Musk (@elonmusk) March 20, 2025
Now, they will try to keep doing it illegally.
Voter ID is still banned in New York and California! https://t.co/CaweXZ4ASn
Not exactly killed their plans.
— Elon Musk (@elonmusk) March 20, 2025
No ID is required to vote in New York, so they will now continue using non-citizen votes illegally.
But it will be harder.
Voter ID should be required or it’s a moot point. They’ll be encouraged to vote anyway.
— Sam Williams (@SamWilliam82687) March 20, 2025
Shame on those who tried to pass this law that they knew was illegal.
The Court of Appeals' ruling about the 2021 law came down to the state constitution. Attempts for non-citizens to vote are also taking place in more red states.
As we covered at the time, Ohio voters in 2022 approved an amendment to the state constitution making clear that only citizens could vote, after the liberal college town of Yellow Springs passed a referendum allowing for non-citizens to vote.
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