Federal Judge Declares Law Banning Noncitizen Voting Unconstitutional: What’s Next?
Posted on 10/04/26 at 09:47
A federal judge in Miami has opened a unprecedented constitutional dispute by declaring invalid a federal law that penalizes noncitizens for voting in federal elections.
Judge David S. Leibowitz dismissed the case against Chelsea Cox, a Jamaican citizen accused of illegally voting in the 2020 presidential election.
The decision affects only her case and does not bind other courts, but it appears to be the first to declare this 1996 federal law unconstitutional.
The Department of Justice (DOJ) decided to appeal the ruling, so the dispute over the limits of federal power will continue in higher courts.
Federal Judge Declares Law on Noncitizen Voting Unconstitutional
Judge says federal law banning noncitizen voting is unconstitutional https://t.co/nhbgNNo31U
— CBS News (@CBSNews) October 3, 2026
The controversy centers on Section 611 of Title 18, which imposes federal penalties on certain noncitizens who participate in federal elections.
Leibowitz concluded that the Constitution reserves to the states the power to establish the conditions that must be met to become voters.
His reasoning does not establish a general right of noncitizens to vote, nor does it eliminate the existing state prohibitions.
In fact, the judge noted that Florida has laws that allow the state to criminally prosecute the behavior attributed to Cox.
The Case of Chelsea Cox That Opened the Dispute
Can Congress ban noncitizens from voting? A Miami Judge says no, holding a 40-year old law passed by Congress is unconstitutional. I am *extremely* skeptical! Here, the agreed on facts find a Jamaican woman knowingly [illegally] voted in Florida. No federal crime! pic.twitter.com/iXg0DxuHWS
— Eric W. (@EWess92) October 2, 2026
Prosecutors argue that Cox entered the United States as a tourist in 1999 and remained in the country after her visa expired.
According to court documents cited by Reuters, she later used a fraudulent birth certificate from the U.S. Virgin Islands to obtain a driver’s license in Florida.
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Records indicate that she participated in federal elections between 2012 and 2020, although only the 2020 vote was within the statute of limitations to prosecute.
Her defense argued that Congress had exceeded its constitutional authority by passing a law that interfered with electoral powers reserved to the states.
Department of Justice Defends Federal Power
The federal government maintained a different interpretation, arguing that Washington has sufficient constitutional authority to regulate and protect federal elections.
The DOJ also defended that Congress is better situated than the states to address issues related to immigration and foreign relations.
Leibowitz also requested an independent analysis from Paul Clement, a former solicitor general during the George W. Bush administration.
Clement concluded that Congress likely exceeded its constitutional limits in passing Section 611, although he recognized that the legal issue was not entirely clear.
The Ruling Does Not Allow Noncitizens to Vote
The main immediate consequence is the dismissal of the federal charge against Cox; the resolution does not automatically legalize voting by noncitizens.
All states currently require U.S. citizenship to participate in federal elections, according to the reasoning included in the decision.
The future scope will also depend on other courts: there are around 45 pending federal cases, and other defendants have raised similar constitutional arguments.
Meanwhile, the DOJ maintains its strategy of pursuing cases of noncitizen voting, a practice that investigations and election officials describe as rare.