City Officials Argue for Home Rule Authority
New York City’s legal battle over noncitizen voting rights reached the state’s highest court on Tuesday, as city officials urged judges to reverse a lower court ruling that struck down a law allowing lawful permanent residents to vote in municipal elections.
The law, passed by the Democrat-led city council in January 2022, would have made New York the first major U.S. city to grant widespread voting rights to noncitizens. However, Republican challengers successfully blocked its implementation, arguing that it violated the state constitution and required a public referendum.
During oral arguments before the New York Court of Appeals, the city’s lawyer, Claude Platton, defended the law as a legitimate exercise of New York City’s home rule powers.
“It engaged in a core act of self-governance and the exercise of its home rule powers,” Platton told the judges. “This court should hold that the constitution permits the city to make that choice.”
Legal Battle Over State Constitution and Voting Rights
A trial judge initially sided with Republican challengers in June 2022, ruling that the law violated state election laws. A mid-level appellate court later upheld that decision, concluding that the measure altered election procedures and should have been subject to a public vote.
Republican attorney Michael Hawrylchak argued before the Court of Appeals that the state constitution explicitly reserves voting rights for U.S. citizens.
“The constitution is clear,” Hawrylchak said. “Voting in elections is a right granted only to citizens, and the city cannot unilaterally change that.”
Potential Impact on Immigrant Voters
If upheld, the law would allow more than 800,000 noncitizen residents—those who are lawful permanent residents or have work authorization—to vote in local elections. It would not extend voting rights to state, congressional, or presidential elections.
Mayor Eric Adams, who allowed the measure to become law without his signature, has not actively defended it in court but has expressed support for expanding democratic participation.
During the hearing, Judge Jenny Rivera acknowledged the potential significance of the law, stating that it would “expand the franchise to a very large number of individuals.”
Broader Implications and National Context
More than a dozen U.S. communities, including 11 towns in Maryland and two in Vermont, allow noncitizens to vote in local elections. However, legal battles over such policies have emerged across the country, with opponents arguing that they dilute the voting power of U.S. citizens and set a precedent for further expansion of noncitizen voting rights.
A ruling from the New York Court of Appeals is expected in the coming months. The decision could shape future debates over noncitizen voting laws nationwide and determine the extent of municipal power in election-related matters.
