Struck-down New York law allowing non-citizens to vote misrepresented online Fact check

The claim: Immigrants in the US illegally can vote in New York

A Dec. 18, 2023, Instagram video ( direct link , archive link ) shows Rep. Josh Brecheen of Oklahoma asking a group of seated men whether immigrants in the U.S. illegally can vote in New York. A man off-screen says he believes a law was passed in New York City allowing such immigrants to vote.

“Illegal immigrants now have the right to vote in New York,” reads on-screen text at the beginning of the video.

The post garnered more than 40,000 likes in five weeks. Similar versions of the claim were shared on Facebook .

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Our rating: False

Only U.S. citizens are allowed to vote in New York. The man in the video misrepresented a 2021 law that would have allowed legal non-citizens to vote but was struck down by a state Supreme Court judge before going into effect.

Only US citizens can vote in New York

The clip was taken from a Dec. 5, 2023, Homeland Security Committee hearing , during which Nassau County Executive Bruce Blakeman misrepresented a law passed in New York in 2021.

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