Judge Dismisses Noncitizen Voting Case as Unconstitutional
U.S. District Judge David Leibowitz dismissed a federal case against Chelsea Cox, ruling that only states have the authority to set voter qualifications.
U.S. District Judge David Leibowitz dismissed a federal case against Chelsea Cox, a Jamaican national accused of illegally voting in the 2020 election. Leibowitz ruled that the 1996 law criminalizing noncitizen voting is unconstitutional, determining that the U.S. Constitution grants only states, not Congress, the authority to establish voter qualifications.
While every state requires citizenship to vote, the judge concluded that prosecuting such violations is the responsibility of the state of Florida rather than the federal government. The ruling is not binding for other courts but creates a legal hurdle for the Donald Trump administration's efforts to combat alleged election fraud before the November midterm elections.
Since January 2025, the United States Department of Justice has charged at least 60 people with noncitizen voting. The administration maintains that strict enforcement is essential for election integrity, while critics argue the crackdown targets a rare issue to undermine public confidence in election results.