In a significant legal victory, sanity has prevailed in New York as an appellate court, prompted by a lawsuit led by the Republican National Committee (RNC), ruled against allowing non-U.S. citizens to vote in American elections. The ruling declared the Local Law permitting such participation null and void, citing violations of the New York State Constitution and the Municipal Home Rule Law. If left unchecked, this misguided policy would have enabled approximately 900,000 non-citizens to cast votes in municipal elections in New York City.
Associate Justice Paul Wooten, in a 43-page order for the Appellate Division, Second Judicial Department in New York, emphasized the incompatibility of the Local Law with the state constitution. The decision underscored Article II, Section 1, of the New York State Constitution, explicitly stating that the right to vote in all elections for officers elected by the people is exclusively available to citizens. Justice Wooten asserted that the absence of any reference to noncitizens in this provision inherently excludes them from the right to vote.
Wooten also highlighted Election Law § 5-102(1), emphasizing that eligibility to register and vote in any election is contingent upon being a citizen of the United States. Contrary to a dissenting opinion, Wooten noted the absence of legislative history indicating an intent to grant municipalities the authority to make noncitizens eligible to vote. RNC Chairwoman Ronna McDaniel celebrated the court victory, emphasizing the importance of American elections being decided solely by American citizens. She reiterated the RNC’s commitment to safeguarding election integrity, citing this legal triumph in America’s largest city as a testament to their efforts.
Under McDaniel’s leadership, the RNC has intensified its election integrity initiatives, undertaking over 75 legal actions across 23 states during the 2024 cycle alone. The New York lawsuit adds to the RNC-led challenges in Arizona, Texas, and Vermont, demonstrating a robust commitment to upholding the integrity of the electoral process.