Florida Judge Dismisses 2020 Noncitizen Voting Case, Voids 1996 Federal Ban as Applied
Updated
Updated · Fox News · Oct 3
Florida Judge Dismisses 2020 Noncitizen Voting Case, Voids 1996 Federal Ban as Applied
3 articles · Updated · Fox News · Oct 3
Summary
U.S. District Judge David Leibowitz threw out charges against Chelsea Cox, a Jamaican national accused of voting in the 2020 presidential election despite not being a U.S. citizen.
In a 31-page ruling, Leibowitz said the Constitution gives states—not Congress—the power to set voter qualifications in federal elections, making the 1996 law unconstitutional as applied to Cox.
The judge rejected arguments that Congress's immigration powers or the Elections Clause let it criminalize noncitizen voting, while noting Florida could still pursue state charges.
Sen. Mike Lee and conservative election-law lawyers blasted the decision and said they expect the 11th Circuit to reverse it, citing Supreme Court precedent allowing governments to exclude noncitizens from democratic participation.
The ruling lands as the Trump administration intensifies election-integrity efforts before the midterms, including prosecutions and citizenship checks that have already triggered legal fights with Democratic-led states.