Federal Judge Rules Noncitizen Voting Law Unconstitutional in Florida Case

Highlights

• A federal judge in Miami declared a federal law prohibiting noncitizens from voting unconstitutional, emphasizing state authority over voter eligibility.
• The ruling led to the dismissal of a federal case against Chelsea Cox, who was accused of illegally voting in the 2020 presidential election.
• The judge stated that individual states, not the U.S. Congress, hold the power to define voter qualifications under the Constitution.
• This decision specifically applies to Cox's situation and does not directly affect approximately 45 similar cases nationwide.

Details

U.S. District Judge David Leibowitz, appointed by former Democratic President Joe Biden, determined that the U.S. Constitution grants states the sole power to establish voter qualifications. Consequently, he dismissed a federal prosecution against Chelsea Cox, a Florida resident originally from Jamaica. Cox had faced charges of unlawfully casting a ballot in the 2020 election. Judge Leibowitz noted that every state already mandates U.S. citizenship for voting, and therefore, Florida, not the Department of Justice, is responsible for prosecuting such violations, as the state possesses its own relevant statutes.

Court documents reveal that Ms. Cox entered the U.S. as a visitor in 1999, remained in the country beyond her permitted stay, and subsequently obtained a Florida driver's license and registered to vote in 2012 using a fraudulent birth certificate from the U.S. Virgin Islands. Former President Donald Trump has repeatedly asserted, without evidence, that noncitizen voting, which is both uncommon and prohibited, was a factor in his 2020 election defeat. Since Mr. Trump's return to office in January 2025, the Department of Justice has pursued charges against at least 60 individuals for this offense.

According to Reuters, out of 129 individuals accused of "voting by an alien" since 2021, none were implicated in efforts to influence an election outcome, support a specific candidate, or receive payment for their vote. The majority of these individuals were found to be legal permanent residents who had registered erroneously or based on incorrect advice from election officials or government personnel.

Why it matters

This judicial decision highlights the ongoing debate regarding the division of power between federal and state governments in the United States, particularly concerning election laws. By reaffirming states' autonomy in setting voter qualifications, the ruling could influence future legal challenges and discussions about election integrity. The issue of noncitizen voting remains a contentious topic in American politics, and this ruling adds a significant legal precedent to the conversation.