US judge finds law on noncitizen voting unconstitutional — Jerusalem Post
Federal Judge David Leibowitz in Miami, Florida, dismissed the criminal case against state resident Chelsea Cox, who was accused of illegally voting in the 2020 election. The judge found unconstitutional a 1996 federal law that establishes criminal liability for voting by people without US citizenship, the Jerusalem Post reports.
The ruling concerns one case
Leibowitz ruled that the US Constitution gives states, rather than Congress, the authority to determine voter eligibility requirements. All states require US citizenship to participate in elections. In the judge's view, Cox's possible violation of this requirement should be handled by Florida authorities, not the US Department of Justice.
The court's ruling applies only to Cox's case and is not binding on other federal judges. At the same time, according to the publication, this is likely the first time a federal court has found the 1996 law to be contrary to the US Constitution.
Circumstances of the case and the parties' positions
Cox, a Jamaican citizen, came to the United States as a tourist in 1999 and remained in the country after her visa expired the following year, according to court documents cited by the publication. According to the government, she used a forged birth certificate from the US Virgin Islands to obtain a Florida driver's license and register to vote in 2012.
More current news is available on the UA.News Telegram channel Telegram.
Records show that Cox voted in federal elections from 2012 to 2020, but only her 2020 vote remained within the statute of limitations. Her lawyer, Bruce Udolf, welcomed the decision and urged officials not to take further action against his client.
Other proceedings
The US Department of Justice stated in court filings that Congress is best positioned to regulate immigration and foreign interference in elections. After Donald Trump returned to the White House in January 2025, the department brought charges against at least 60 people in cases involving noncitizen voting.
About 45 such cases are being heard across the country, and at least four other defendants are also challenging the law on similar constitutional grounds. Judges in those proceedings are not required to follow Leibowitz's ruling, but may consider his reasoning.
