Federal Voting Ban Unconstitutional
Federal Judge Dismisses Noncitizen Voting Case and Deems Ban Unconstitutional
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Key Points
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The ruling was described as a case of first impression nationally, meaning no other court had previously decided the same constitutional question.
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In his 31-page opinion, Leibowitz relied on Article I, Article II and the 17th Amendment, and cited landmark cases including Marbury v. Madison, United States v. Hudson and Ex parte Siebold.
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The 1996 law makes noncitizen voting in elections for federal offices a misdemeanor punishable by up to one year in prison, a fine, or both.
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Prosecutors said Cox also voted in 2012, 2016 and 2018, but those alleged votes were outside the statute of limitations; the 2020 vote was the one charged.
A federal judge in Florida struck down a prosecution of a noncitizen for voting in the 2020 election, ruling that Congress lacks constitutional power to set voting rules for federal elections. Judge Leibowitz dismissed the case against Chelsea Cox, saying that authority belongs to the states, not Washington. The decision marks a case of first impression — no other court has previously ruled on this constitutional question.
Cox allegedly used a fraudulent birth certificate to register and vote in multiple elections. Prosecutors charged her only for the 2020 vote because prior ballots fell outside the legal deadline. The ruling does not affect separate state laws banning noncitizen voting — Florida's own ban remains in place.
A Constitutional Clash Over Election Authority
Judge David Leibowitz's 31-page opinion centered on the Constitution's Article I, Article II, and the 17th Amendment. He cited landmark cases including Marbury v. Madison and Ex parte Siebold to argue that states — not Congress — hold the power to set voting qualifications according to Cato Institute. The 1996 federal law being challenged made noncitizen voting a misdemeanor punishable by up to one year in prison.
Prosecutors' Case Against Chelsea Cox Unravels
Prosecutors alleged Cox used fraudulent documents to obtain ID and register to vote. She allegedly cast ballots in 2012, 2016, 2018, and 2020. However, the first three votes fell outside the statute of limitations, leaving only the 2020 ballot eligible for prosecution according to Cato Institute. The judge's ruling means even that single charge cannot proceed.
Implications for Federal Noncitizen Voting Laws
While this ruling applies only to Cox's case, it could influence similar prosecutions nationwide. The decision comes amid congressional debate over requiring proof of citizenship to register reported by Cato Institute. States retain their own enforcement mechanisms — Florida law still forbids noncitizen voting. But the federal prosecution avenue has now been challenged as unconstitutional.
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