Judge says federal law banning noncitizen voting is unconstitutional
Summary
A federal judge in Miami ruled that a law banning noncitizens from voting in federal elections is unconstitutional. The judge dismissed the case against a Jamaican woman charged with illegal voting, saying only states can decide voter rules, not the federal government.Key Facts
- Judge David S. Leibowitz dismissed the case against Chelsea Cox, who was charged with voting illegally in 2020.
- The federal law used, 18 U.S.C. § 611, prohibits noncitizens from voting in federal elections but was ruled unconstitutional by this judge.
- The judge said the Constitution gives states the power to set voting qualifications, not Congress.
- This ruling applies only to Cox’s case but could affect the Justice Department’s efforts to prosecute noncitizen voting.
- The Justice Department plans to appeal the decision.
- Cox allegedly overstayed a tourist visa and voted using a false birth certificate.
- The case focused on whether Congress has the constitutional authority to ban noncitizen voting in federal elections.
- State officials in Florida can still prosecute unlawful voting under state laws.
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