Ahead of NYC Mayoral Race, Noncitizen Voting Policy Falls Short

(New York City, NEW YORK) Noncitizen New Yorkers will not be able to cast ballots in the 2025 mayoral election after the city’s local noncitizen voting law was struck down by the state’s highest court. The New York State Court of Appeals ruled in March 2025 that the state constitution’s phrase “every citizen shall be entitled to vote at every election” excludes noncitizens from local voting, blocking a law approved by the New York City Council that aimed to open municipal voting to certain immigrants with legal status.

With ballots going to print and election deadlines in motion, there is no path for noncitizen voting this cycle, and there is no active plan to amend the state constitution. City officials have acknowledged the court’s final word: local election administrators must follow state law, which limits voting to U.S. citizens. As a result, many noncitizen New Yorkers—who pay taxes, raise families, and serve in frontline jobs—will watch another city election from the sidelines.

What the Law Would Have Done

The now-invalid law, passed after the 2021 mayoral race, would have allowed certain noncitizens to vote in local contests for mayor, council, and other city offices. Eligible groups included:

• Green card holders (lawful permanent residents)
• DACA recipients
• TPS (Temporary Protected Status) holders
• Other noncitizens with work authorization

Backers said the change would have enfranchised about 800,000 adult residents—roughly one-seventh of the city’s voting-age population—making it the largest local expansion of noncitizen voting in the United States. Opponents, including Republican lawmakers and a coalition of voters and groups, sued soon after passage.

Court Ruling and Timeline

• Law passed after 2021 mayoral election: The New York City Council approved the measure to allow certain work-authorized noncitizens to vote in city elections.
• Lawsuit and early block (June 2022): A state trial judge halted the law before it took effect, citing the state constitution’s language restricting the franchise to citizens.
• Appeals through 2023–2025: Higher courts kept the law on hold during appeals, pausing implementation across multiple election cycles.
• Final ruling (March 2025): The New York State Court of Appeals affirmed that the constitution’s phrasing—“every citizen shall be entitled to vote”—excludes noncitizens, effectively ending the city’s attempt to proceed without a constitutional change.
• Status as of October 24, 2025: There is no legal route for noncitizens to vote in New York City’s 2025 mayoral election. A state constitutional amendment would be required; no near-term effort in Albany is underway.

Important: A constitutional amendment would be required to allow noncitizen voting statewide or locally in New York. That process typically requires approval by the legislature in two separate sessions followed by a statewide referendum.

National Context

The decision places New York City within a wider national pattern:

• Washington, D.C., and several Vermont towns permit noncitizen voting in local elections.
• Most states bar noncitizen voting, and a growing number have amended constitutions to specify that only citizens may vote.
• Federal law already forbids noncitizen voting in federal races, and states do not allow it for state offices.

In this context, New York City’s plan stood out for its scale and ambition—and for the immediate legal pushback it faced.

Impact on Communities and Politics

For families in mixed-status households, the outcome carries both practical and emotional consequences:

• A permanent resident who pays city taxes for years cannot vote for mayor.
• A DACA teacher cannot vote for the council member who oversees school budgets.
• A TPS home health aide cannot vote on local ballot measures affecting transit or housing.

Many noncitizen residents remain active in civic life—leading tenant groups, serving in unions, and volunteering in mutual aid networks—but the ballot will be out of reach this cycle.

Advocates warn the city loses when long-term residents lack a formal voice. They point to council districts that cross immigrant-heavy neighborhoods where noncitizen adults make up large shares of the population. Because those residents cannot vote, elected leaders may feel less pressure to deliver targeted services.

According to analysis by VisaVerge.com, the blocked law would have reshaped voter rolls in dozens of districts, likely shifting campaign outreach and policy promises toward areas with high numbers of work-authorized immigrants.

Opponents counter that changes must come from the state level. Their arguments include:

• The constitution’s language is plain and should not be bent by local ordinance.
• Separate local voter lists for noncitizens could cause confusion and administrative errors.

Courts ultimately agreed the city exceeded its authority.

How Campaigns and Elections Are Shifting

Political campaigns have adjusted their messaging and outreach:

• Candidates now make policy pledges to immigrant communities rather than direct voter appeals to noncitizen residents.
• Expect campaign promises on language access, small business permits, adult education, and protections against wage theft.
• Campaigns emphasize election security and call for state-level clarity on voter eligibility.

Because noncitizen residents can’t vote, field teams are recruiting citizen relatives, coworkers, and faith leaders to carry those conversations to the ballot box.

On the administrative side, the ruling affects election operations:

• There is no need to design dual ballots or create separate check-in procedures for a “municipal voter” category.
• That reduces administrative risk but also removes a testing ground for local-only registrants.
• Officials will continue regular outreach to eligible citizen voters, including newly naturalized citizens who join the rolls each year.

Voter Eligibility and Resources

For New Yorkers unsure about eligibility, the state’s rules are straightforward. To register to vote in New York, a person must:

• Be a U.S. citizen
• Be a resident of the state and county
• Be at least 18 by election day
• Not be otherwise disqualified

The New York State Board of Elections provides official guidance on who can register and how to do it: https://www.elections.ny.gov/VotingRegister.html

Practical steps for newly naturalized citizens:

1. Check voter registration deadlines for upcoming elections.
2. Bring required ID to register if needed.
3. Consider early voting or absentee ballots if eligible.

Path Forward and Organizing

Any path to noncitizen voting in New York City would have to go through Albany. Changing the state constitution is a multi-step process:

1. Approval by the state legislature in one session.
2. Approval again by the next separately elected legislature.
3. A statewide referendum where voters approve the amendment.

Lawmakers have not placed such a proposal on a fast track. Without a constitutional change, the Court of Appeals decision stands and the City Council cannot revive its local law.

Meanwhile, immigrant advocacy groups plan to keep organizing and supporting residents through other means:

• Hosting citizenship workshops
• Helping eligible residents begin naturalization
• Pushing candidates to commit to city policies that matter on day one:
  • Fair housing enforcement
  • More funding for English classes
  • Faster recognition of foreign professional credentials

While these steps do not replace the vote, they can improve daily life for hundreds of thousands who call the five boroughs home.

Key takeaway: For now, the ballot remains closed to noncitizen voting in New York City. The March 2025 court ruling set the boundaries for this cycle, and the debate will now shift to state lawmakers and future election cycles—should New York choose to ask the entire state to decide.