New York Supreme Court Strikes Down NYC Voting Rights for Foreign Nationals

Lev Radin/Pacific Press/LightRocket/Spencer Platt/Getty Images
Lev Radin/Pacific Press/LightRocket/Spencer Platt/Getty Images

The New York Supreme Court has struck down a New York City law, passed by Democrats late last year, that sought to give municipal voting rights to nearly a million foreign nationals.

As Breitbart News has chronicled, Democrats on the 51-member New York City Council approved a plan last month that allows more than 800,000 foreign nationals with green cards, visas, and work permits the opportunity to vote in citywide elections so long as they have resided in the city for at least 30 consecutive days.

Subsequently, black Americans in New York City, along with naturalized American citizens, the New York State Republican Party, the Republican National Committee (RNC), and Democrat officials like Councilman Robert Holden sued Mayor Eric Adams (D) and the city’s Board of Elections.

The lawsuit noted that the New York State Constitution expressly states that voting rights are a privilege reserved for American “citizens.”

In its decision on Monday, the Court ruled that the law is “illegal, null, and void” because “it is clear … that voting is a right granted to citizens of the United States,” writing:

Local governments, including city governments, must be elected by the people, which is defined as citizens under Article II. Based upon the foregoing analysis, the Court finds that the Municipal Voting Law explicitly violates the New York State Constitution, as only “citizens” may vote in elections. [Emphasis added]


The Court needs not look to the legislative intent of this section to know there is no carevout for noncitizens to vote under the Election Law. This section applies to “any” election within New York State. [Emphasis added]

The Court’s granting a permanent injunction will ensure that the New York City law is thrown out and that the Board of Elections cannot register foreign nationals to vote.

“Today’s ruling is a huge victory for election integrity and the rule of law: American elections should be decided by American citizens,” RNC Chairwoman Ronna McDaniel said in a statement. “The RNC is proud to head a broad coalition in successfully challenging this unconstitutional scheme and will continue to lead the effort across the country to ensure only citizens can vote in America’s elections.”

“This is a great win for the rule of law in our democratic election process,” said former Ambassador Ken Blackwell, board member of the Public Interest Legal Foundation and chairman of the Center for Election Integrity at the America First Policy Institute.

“The right to vote is foundational to our form of government, so the idea that a citizen’s vote could be canceled by a noncitizen — whether in our country legally or illegally — is so plainly absurd that it is stunning the Far Left would have even attempted this unlawful power grab,” Blackwell said.

As Breitbart News had noted, the law was set to massively influence local elections while diluting the votes of American citizens in the city. Last year, for instance, Mayor-elect Eric Adams (D) won the Democrat mayoral primary by less than 7,200 votes.

Likewise, Councilman Rev. Ruben Diaz (D-Bronx) noted that the law would dilute the votes of the city’s citizens while shifting electoral power to foreign nationals with ties to the United Nations, Wall Street, and the global financial system.

The case is Fossella v. Adams, No. 172 in the Supreme Court of the State of New York.

John Binder is a reporter for Breitbart News. Email him at Follow him on Twitter here


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