A federal judge in Florida has dismissed a criminal charge against a Jamaican national accused of voting in the 2020 election, ruling that the federal law banning noncitizens from voting in federal elections is unconstitutional as applied to her. U.S. District Judge David Leibowitz, a Biden appointee, issued a 31-page opinion on October 1 in the case of Chelsea Cox. The Justice Department moved to appeal shortly afterward, CBS News reported.
What the judge decided about the noncitizen voting law
Prosecutors charged Cox in October 2025 with one misdemeanor count under 18 U.S.C. § 611. They allege she knowingly voted in a federal election in Broward County on October 29, 2020, while not a U.S. citizen. The statute carries a fine, up to one year in prison, or both.
Leibowitz held that Section 611 is a voter qualification law, and that the Constitution leaves voter qualifications for federal elections to the states. He rejected the government’s lead argument that the Supreme Court’s 1970 decision in Oregon v. Mitchell settles the question. He also found that neither Congress’s power over immigration and foreign affairs nor its power under the Elections Clause supports the statute. Because Congress lacked the authority to enact it, he wrote, the prosecution cannot stand.
What the ruling does not decide
- It covers one case. The judge ruled only on an as-applied challenge and did not decide whether the law is invalid in every circumstance. The opinion notes the statute also reaches federal elections in Washington, D.C., where Congress has broad authority.
- Florida can still prosecute. The judge wrote that the state can and does punish the same conduct under its own laws.
- Immigration consequences are untouched. The opinion points to a separate provision, 8 U.S.C. § 1182(a)(10)(D)(i), under which a noncitizen who has voted in violation of the law is inadmissible. The judge said the case does not address the government’s power to remove someone for the same conduct.
- Other judges are not bound. CBS reported the decision appears to be the first to find the statute unconstitutional. The government cited three similar challenges pending in the Southern District of Florida and two in the Western District of Wisconsin.
What happens next
The charge against Cox is dismissed unless a higher court reverses the ruling. Her attorney told CBS News he is working with the government to determine next steps, including whether the administration moves to deport her.
For related coverage of citizenship and voting checks, see our reports on the Supreme Court reviving expanded SAVE citizenship checks and USCIS restoring NGO voter registration at citizenship ceremonies.