New York Court of Appeals

Fossella v. Adams

March 20, 20252025 NY Slip Op 01668

Summary

The Court of Appeals held that Article II, section 1 of the New York Constitution limits voting in New York elections to citizens and therefore invalidates Local Law 11, which authorized certain noncitizens to vote in New York City municipal elections. The Court rejected the argument that the constitutional home-rule provisions create an exception, concluding that Article IX incorporates Article II's citizenship limitation. The Court affirmed the judgment as modified on that constitutional ground without needing to resolve the Election Law challenge.