Judge Rules Noncitizens Cannot Be Barred from Voting in Federal Elections

<p>U.S. District Judge David Leibowitz of the Southern District of Florida ruled that the federal government's application of a law barring noncitizens from voting in elections violates the Constitution. This ruling came in a federal criminal case involving Chelsea Cox, a woman from Jamaica who voted in the 2020 presidential election without U.S. citizenship.</p><p>In his 31-page ruling, Leibowitz stated that the Constitution grants states, not Congress, the authority to determine voter qualifications in federal elections. He found that a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which criminalizes noncitizen voting, is unconstitutional as applied to Cox.</p><p>Leibowitz wrote, "The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections." This ruling has drawn criticism from conservative figures, including Sen. Mike Lee, R-Utah, who co-authored the Safeguard American Voter Eligibility (SAVE) Act, currently stalled in the Senate.</p><p>Lee expressed his belief that the ruling would be overturned, stating, "This insane ruling will certainly be overturned. But it gives the game away: Democrats pretend we don’t need the SAVE Act because non-citizen voting is already illegal… while activist judges try to destroy laws banning non-citizens from voting!"</p><p>Legal experts, including Hans von Spakovsky from Advancing American Freedom, argued that Leibowitz's ruling is likely to be overturned by the 11th Circuit Court of Appeals. Spakovsky contended that while states have the authority to set voter qualifications, Congress also has the authority over naturalization and can regulate noncitizen participation in elections.</p><p>Leibowitz rejected the federal government's argument that Congress has total authority over immigration and noncitizens. He acknowledged Congress's broad powers but stated that these powers cannot override the Constitution's assignment of voter-qualification authority to the states.</p><p>While the ruling prevents the federal government from prosecuting Cox, it does not prevent Florida from pursuing state charges against her. Leibowitz was nominated to the federal bench by President Joe Biden in 2024 and confirmed by the Senate with a bipartisan vote.</p>