New York Supreme Court Rules on Allowing Noncitizens to Vote

Carl Mikoy from New York, USA, CC BY 2.0 via Wikimedia Commons

On Monday, the New York Supreme Court found that a law that allowed noncitizen residents to vote in municipal elections is illegal.

The law originally passed by the New York City council last year created a class of voters called “municipal voters,” comprised of non-citizens who reside in the city for at least 30 days before an election and register or pre-register to vote.

Fox News reports:

“The New York State Constitution explicitly lays the foundation for ascertaining that only proper citizens retain the right to voter privileges,” Richmond County Supreme Court Judge Ralph Porzio said in the court’s ruling. “It is this Court’s belief that by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.”

The bill first became law automatically after former Mayor Bill de Blasio and current Mayor Eric Adams both declined to either sign or veto it.

Upon examining Articles II and IX of the State Constitution, Judge Porzio added that “it is clear to this Court that voting is a right granted to citizens of the United States,” and thus the city law granting the right to noncitizens violates the constitution.

Porzio also cited New York Election Law section 5-102(1), which states: “No person shall be qualified to register for and vote at any election unless he is a citizen of the United States.” He also found the city law to be in violation of the Municipal Home Rule Law, which states that local governments can adopt their own laws so far as they are “not inconsistent with” the state constitution or other laws “relating to its property, affairs of government[.]”

“There is no statutory ability for the City of New York to issue inconsistent laws permitting non-citizens to vote and exceed the authority granted to it by the New York State Constitution,” Porzio concluded, granting a declaratory judgment stating that the city law is void, as well as an injunction prohibiting city officials from registering noncitizens to vote.

New York Rep. Nicole Malliotakis, who represents Staten Island, where the case was filed, celebrated the decision on Twitter.

  1. Ever seen a dip shit democrat care about laws? Unless of course it can be used against political rivals.

  2. Live babies! Carry-concealed weapons! Right to prayer! Citizens only vote!
    I feel the tables turning~~ the Dim/Commies are panicking!

  3. You would think the morons that wrote this bill and passed it would know a little about the NY State Constitution. Just shows they may be intellectually challenged when it comes to the NY State Constitution and the rule of law.

  4. This law, to allow non-citizens to vote, should have been a no-brainer. Unfortunately, when you have anti-American leaders, like DeBlasio and Cuomo, and a group of socialist democrats running the state, who thinks they know better than the electorate, this is the kind of governance you get. Kudos to the state supreme court for striking down this law. The people of NY deserve better leaders than the ones in office today. Hopefully they will make wiser choices in November.

  5. From what I’ve seen before the 2020 election, the states that are controlled by the dems, about 19 to 21 of them have passed laws to allow non citizens to register and to vote so long as they had identification with a picture of some sort. If they had mail in voting or ballots they could also register to vote by internet or by mail and show no identification and then when they received a ballot they just filled it out with assistance from dem party people, signed the ballot as they did the registration and send it in or put it in the voter boxes and voila they got to vote without being a citizen or without showing any picture id and without any verification what soever.
    All during this time from the 2018 election and again during the 2020 election this is what took place in all dem controlled states with dem controlling the organization and the counting and the dominion machine count and in most cases if republicans wanted to oversee the activity and counting the dems refused to allow it and stopped repubs from involvement. The worse part, however is that during this entire procedure during these elections, in all dem states all parties from governor to sec. of state, to election management to volunteers to voting supervision all personnel were democrats with no other nuetral or opposition personnel. In addition some of the repub controlled states the same occurred, as when the opportunity came up the dems took the chance to allow non citizens to vote without verification of residency and without proof of birth nor citizenship or any means of identification, a total fraudulent show of incompetency.
    Their is no justification for the above except to cause the fraudulent outcome of the election. Since the terms of the presidency of Obama, he and his VP Biden were pushing the idea that we should be a democracy not a Constitutional Republic. In our society the founders and by votes of the people a Constitution was was written and adapted and established that we were going to be ruled by a self governing society, by an accepted Constitution as written and approved by the Christian representatives and by our God and by the representatives of an approved number of states, a majority of 75%,, which included a type of government, a republican form of gov’t, and as a Constitutional Republic. In order to vote for changes or what may be needed, it was determined that only citizens may register and vote in elections or when called upon. A citizen had an investment in the society and the gov’t, whereas a non citizen did not have an investment in the Nation and therefore would be required to become a naturalized citizen spelled out in laws then could enjoy the privileges of citizenship. All other persons had to be born in the U.S. to to enjoy automatic birthright citizenship and all benefits of such, including the right to vote.
    Obama and Biden have tried to convince all the people of the country that we are a democracy and the republicans are destroying the democracy. Well the definition of a democracy is an free nation where all the people have a right to vote in any election, even if the people just come in to the country. this is a problem that the founders of the U.S. saw that foreigners could have more influence as outsiders and could add laws that weren’t good for the people and could change the gov’t with out the interest of the people. The founders and the people agreed that a restriction should be put on the rights of the people to vote, one must be born in the U.S. and if not a person would have to earn the right by naturalization and a time limit of how long they had to have lived here before consideration for acceptance and anyone applying would have to swear allegiance to the Nation, speak English, and swear allegiance to the Constitution. What Obama wanted was to bring in millions of foreigners that could assist in voting in his socialist dems to take over the country destroy the Constitution and take away the rights and freedoms written in our Constitution as a guide from our God.


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