A state appeals court struck down a law that would have opened municipal elections to nearly a million noncitizen voters.


What You Need To Know

  • A panel of appellate judges ruled 3-1 that New York City's noncitizen voting law violates the state's constitution, which limits voting to citizens

  • The ruling largely upholds a lower-court decision from a Staten Island judge that struck down the law

  • The law would have allowed about 800,000 noncitizens, like green card holders, to vote in city elections

The law would have allowed Staten Island resident Hina Naveed to vote.

“I have deferred action for childhood arrivals, so I am one of the intended beneficiaries," she told NY1.

Naveed, a registered nurse and attorney, was born in Pakistan and raised in the United Arab Emirates until she came to the United States at age 10.

She was a defendant in a suit, who fought to keep the law alive.

“In the pandemic, nobody asked me [about] my immigration status before I was allowed to serve by the bedside,” she said.

But a panel of appellate justices, in a 3-1 decision, ruled that the law violates the New York State Constitution — largely upholding a lower-court ruling from a Staten Island judge that struck down the law in 2022, leading Mayor Eric Adams and the city to appeal.

“I think it’s victory for common sense,” Staten Island Borough President Vito Fossella told NY1.

Fossella was a plaintiff in the suit, along with other conservative politicians and immigrants to the United States who had become citizens.

“Every one of those persons came here in that way and they were very strident in terms of, hey, I did it the right way and I want [to] make sure my vote counts,” Fossella said.

The law would open elections for citywide offices, the council and borough presidencies to an estimated 800,000 people who are lawful permanent residents or authorized to work in the United States, residents of New York City for at least 30 days, and otherwise qualified to register to vote under election law.

Appellate Judge Paul Wooten authored the majority opinion for the panel, writing, “The plain language of this provision provides that the right to vote in ‘every election for all officers elected by the people’ is available exclusively to citizens.”

The lone dissenter, Appellate Judge Lillian Wan, would have let the law stand, arguing that it has long been held that the key provision in the state constitution “does not directly apply to elections for local offices.”

Fossella said he’s against allowing noncitizens to vote on the merits.

“There should be some value to being a citizen,” Fossella said. “If a million people showed up in midtown and they have a right to shelter, should then they be allowed in turn be allowed to vote? Doesn’t that dilute an ordinary citizen’s vote?”

For Naveed, she goes back to that fundamental American principle: no taxation without representation.

“I pay an incredible amount of taxes and I’m happy to do so, but I have no say in who represents me?” she said.

Naveed said she urges Adams to appeal to the state’s highest court.

A spokesman for the city’s Law Department said officials are reviewing the court’s decision and evaluating their next steps.