New Report: Noncitizen Voting in NYC

NEW YORK, NY — After more than a decade of failed attempts, lawmakers in New York City passed Intro. 1867 on December 9, 2021, extending voting rights to 800,000 previously ineligible noncitizens. Beginning in December 2022, lawful residents who live in NYC for at least 30 days will be permitted to register as municipal voters, absent a successful court challenge. While the prospect of greater democratic participation sounds on its face like an unequivocal good, the sudden enfranchisement of nearly a million people may well create a host of undesirable consequences.  

In a new Manhattan Institute report, fellow John Ketcham lays out the inherent risks in allowing noncitizens to vote in municipal races, including greater strains on the city’s perennially inept election administration system and jeopardies to the immigration status of noncitizen voters. Ketcham suggests that without meaningful reforms, there is little reason to believe that the Board of Elections has the institutional capacity to administer a dual-voter system without substantial risk of election-day blunders—which could ultimately hurt those they are trying to help. Noncitizens who mistakenly vote in federal or state elections in New York may lose their ability to naturalize or even their continued residency in the U.S. 

If public officials in the nation’s largest city are determined to enfranchise noncitizen voters, despite legitimate concerns raised by a number of critics in New York and nationally, they would do well to proceed cautiously. Ketcham strongly suggests delaying Intro. 1867’s implementation until the state legislature enacts substantial reforms to the city Board of Elections. Barring such a delay, Ketcham offers constructive solutions for improving Intro. 1867. First, he suggests increasing the 30-day residency requirement for noncitizens, subject to the limits of equal protection, to ensure they have the requisite ability to make reasonably informed decisions for themselves. Further, he suggests that to ensure noncitizen allegiance to the U.S., the city should consider giving the right to vote in municipal elections only to lawful permanent residents who demonstrate their intention to become citizens, either through a Declaration of Intention Form N-300 or, more restrictively, only naturalization filing.  

For cities looking to New York’s example, Ketcham lists a few alternative uses of the funding necessary to enable noncitizen voting, suggesting these substitutes may yield greater benefits if allocated elsewhere. These options include: 

• Expanding city-backed English and civics classes that would help aspiring American citizens to pass the naturalization interview and exams and build skills that can help them command higher wages in the marketplace; 

• Providing naturalization fee vouchers to help overcome a barrier that impedes some from accessing the full benefits of citizenship; and 

• Offering no-cost legal services through programs like NYCitizenship that help eligible noncitizens naturalize. 

Click here to view the full report.