Summary (tl;dr)

A federal judge in Florida recently ruled a 1996 federal law prohibiting noncitizens from voting in federal elections to be unconstitutional in a specific case, asserting that only states have the authority to set voter qualifications.

Essential Background

For decades, federal law, specifically 18 U.S.C. § 611 enacted in 1996, has prohibited noncitizens from voting in federal elections, with criminal penalties for violations. Despite this, the debate over noncitizen voting has been a persistent topic, with some advocating for noncitizen voting rights in local elections and others expressing concerns about election integrity. Recently, the Trump administration has intensified efforts to prosecute noncitizens for alleged illegal voting, although election experts generally consider such instances to be rare.

The Full Story

On October 1, 2026, U.S. District Judge David Leibowitz, based in Miami, dismissed a federal misdemeanor case against Chelsea Cox, a Jamaican national accused of illegally voting in Broward County, Florida, during the 2020 general election. Judge Leibowitz's 31-page ruling declared that the federal law (18 U.S.C. § 611) banning noncitizens from voting in federal elections is unconstitutional as applied to Cox, arguing that the U.S. Constitution grants states, not Congress, the sole authority to determine voter qualifications. While the ruling dismisses the federal charges against Cox, it explicitly stated that Florida retains the power to prosecute her under state laws, which also prohibit noncitizen voting.

Why It Matters

This ruling is significant because it challenges a long-standing federal prohibition on noncitizen voting and could influence future legal interpretations regarding the balance of power between federal and state governments in election matters. Although the decision is narrow and applies only to this specific case, its reasoning could set a precedent that impacts dozens of other federal prosecutions against noncitizens accused of illegal voting. Furthermore, it adds a new dimension to the ongoing legislative debate, particularly concerning the proposed SAVE America Act, which aims to strengthen federal requirements for proof of citizenship in voter registration. Critics of the ruling express concern that it could undermine efforts to ensure election integrity, while proponents emphasize states' rights in defining voter qualifications.

Geographic Location

• Miami, Miami-Dade County, Florida, United States (U.S. District Judge David Leibowitz issued ruling)
• Broward County, Florida, United States (Chelsea Cox accused of voting in 2020 election)