U.S. District Judge David Leibowitz in Miami dismissed federal charges Thursday against Chelsea Cox, a Jamaican national accused of voting in the 2020 presidential election, Reuters reported. Leibowitz found that the 1996 federal law making it a crime for noncitizens to vote in federal elections violates the Constitution. The Constitution leaves voter qualifications to the states, not Congress, he reasoned. Reuters reported that no federal court had struck down the law before.
Who sets the rules on who may vote, and which government punishes those who break them, is now an open question five weeks before the Nov. 3 election.
Prosecuting noncitizen voting has been a Justice Department priority since 2025. The department has charged about 60 people with the offense since January 2025, Al Jazeera reported. States bar noncitizen voting under their own laws, and Florida is one of them, the judge wrote. The ruling decides only Cox's case for now. It does not bind other federal judges.
- Cox entered the U.S. as a tourist in 1999 and overstayed her visa, filings show.
- She registered to vote in 2012 with a fraudulent birth certificate, prosecutors say.
- About 45 similar federal cases are pending; at least four raise the same challenge.
Leibowitz decided the case. Federal prosecutors brought it and argued that Congress may act on immigration and on interference in federal elections. Cox was the defendant. The defendants in the pending federal cases, the state prosecutors who may now carry more of the load, election officials who check eligibility, and every voter in a federal race all have a stake in the answer.
Disputedwhether Congress has the power to make noncitizen voting in federal elections a federal crime, or whether that power belongs to the states alone.
The FramingsJudicial framing (Leibowitz) presents a structural line: the Constitution gives the states, not Congress, the power to set voter qualifications, and Florida "can and does" punish the same conduct under its own law. Federal prosecution framing (the Justice Department) presents Congress's power over immigration and over the integrity of federal elections as grounds for a federal criminal statute. Administration enforcement framing (Attorney General Todd Blanche, announcing a separate case Wednesday) presents prosecution as protection of trust: "Voter fraud erodes a public's trust in our electoral system." Scale framing (a Reuters review of the cases) finds 129 people charged with "voting by an alien" since 2021, with no allegation of a coordinated effort to sway an election.
The RecordThe dismissal and its reasoning are in Leibowitz's order, as Reuters and Al Jazeera reported. The 60-case and 45-pending figures were reported by Al Jazeera; the 129-case count comes from Reuters' review. Confidence that the charge against Cox is dismissed: certain. Confidence in how an appeals court would rule: low.
What to watch: Whether the Justice Department appeals to the 11th Circuit. Rulings on the same challenge in the four other pending cases.
Sources: Reuters, Washington Times, Al Jazeera
