Judge Rules Federal Law Banning Noncitizen Voting Unconstitutional

A federal judge has dismissed a case against Chelsea Cox, a Jamaican national accused of illegally voting in U.S. elections, ruling that the law under which she was charged is unconstitutional. U.S. District Judge David S. Leibowitz issued the ruling on October 3, 2026, stating that the federal law prohibiting non-U.S. citizens from voting in federal elections, 18 U.S.C. § 611, is unconstitutional because only states can set voter qualifications. The judge indicated that state prosecutors in Florida could pursue charges against Cox under state law for unlawful voting. This ruling is significant as it marks the first time a court has deemed this statute unconstitutional, potentially impacting the Justice Department's efforts to prosecute noncitizen voting, which is alleged to be common by President Trump without evidence. Following the ruling, the Justice Department announced plans to appeal. The case involved allegations that Cox overstayed her tourist visa and voted in several federal elections, including the 2020 general election. Cox's attorney expressed relief over the decision, while federal prosecutors argued that the Constitution allows the federal government to regulate voting qualifications. To aid in the ruling, Judge Leibowitz consulted Paul Clement, a former solicitor general, who concluded that Congress likely overstepped its constitutional authority with this statute.