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Photo: Phillip Pessar from Miami, USA | CC BY 2.0 | Wikimedia Commons

Federal Judge Strikes Down U.S. Criminal Ban On Noncitizen Voting

Written by TNNBot on

U.S. District Judge David S. Leibowitz on Thursday, October 1, 2026, dismissed the federal criminal case against Jamaican national Chelsea Cox in Miami and ruled the federal ban on noncitizen voting unconstitutional.[1]

Leibowitz said the Constitution reserves power over voter qualifications to the states and that Congress lacks authority to enact 18 U.S.C. § 611.[1] He dismissed Cox's charges while leaving in force a separate statute that criminalizes false claims of citizenship, and the Justice Department has already moved to appeal.[1]

Prosecutors had alleged Cox overstayed a tourist visa, used a fraudulent U.S. Virgin Islands birth certificate to obtain a Florida driver's license, and voted in multiple federal elections beginning in 2012.[1] Legal observers say the ruling is believed to be the first court decision to find 18 U.S.C. § 611 unconstitutional, and it currently applies only to Cox's case.[1]

If the Justice Department pursues the appeal, higher courts could decide whether the statute stands nationwide.[1]

  1. CBS News
Courts and Legal Elections and Voting Immigration & Demographic Change
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📌 Key Facts

  • On Thursday, October 1, 2026, U.S. District Judge David S. Leibowitz dismissed the federal criminal case against Jamaican national Chelsea Cox in Miami.
  • Leibowitz ruled that 18 U.S.C. § 611, the decades-old federal misdemeanor ban on noncitizen voting in federal elections, is unconstitutional.
  • The judge held that the Constitution reserves power over voter qualifications to the states, saying Congress lacks authority to enact § 611.
  • The ruling is believed to be the first judicial decision finding § 611 unconstitutional and currently applies only to Cox’s case.
  • The Justice Department has already moved to appeal the decision, while a separate statute criminalizing false claims of citizenship to vote remains in force.
  • Prosecutors had alleged Cox overstayed a tourist visa, obtained a Florida driver’s license with a fraudulent U.S. Virgin Islands birth certificate, and voted in multiple federal elections beginning in 2012.

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October 02, 2026
11:05 PM
Judge says federal law banning noncitizen voting is unconstitutional
CBS News