New York City Noncitizen Voting Law (Fossella)

Lawsuit filed on behalf of a group of Republican voters and officials representing New York at the local and federal levels, the New York Republican State Committee, Republican National Committee and a Democratic city council member challenging New York City’s new noncitizen voting law. The law allows legal residents, including those with green cards and Dreamers, who have lived in New York City for at least 30 consecutive days to vote in municipal elections (the law does not extend to state or federal elections). The plaintiffs allege that allowing over 800,000 eligible noncitizens to vote in elections in New York City — which has approximately 5 million registered voters — will dilute the votes of United States citizens by “dramatically increasing the pool of eligible voters” in violation of the New York Constitution and state election laws. The lawsuit asks the New York Supreme Court of Richmond County to block the law and prohibit noncitizens from registering and voting. The court struck down the law after finding it violated the New York Constitution, New York election law and the Municipal Home Rule law. On July 22, 2022 the defendants appealed the decision. On Feb. 21, 2024, a New York appellate court affirmed the trial court’s decision.

On March 22, 2024, the defendants appealed that decision to the New York Court of Appeals.

STATUS: This case is on appeal before the New York Court of Appeals.

Last updated: March 26, 2024 9:53 am EST