Judge says federal law banning noncitizen voting is unconstitutional

A federal judge has ruled that a law banning noncitizens from voting in U.S. elections is unconstitutional. U.S. District Judge David S. Leibowitz dismissed a case against Chelsea Cox, a Jamaican national accused of voting illegally in 2020, finding the statute under which she was charged to be unconstitutional. The 31-page ruling states that only states can set voter qualifications, not Congress.

The case is the first time a court has deemed the statute unconstitutional, although it applies only to Cox and could affect the Justice Department's efforts to pursue noncitizen voting. The ruling comes after the Justice Department moved to appeal the decision. The 40-year-old federal law makes it a misdemeanor for noncitizens to vote in federal elections, but it does not cover a separate law barring false claims of citizenship for voting.

Federal prosecutors accused Cox of overstaying a U.S. tourist visa and obtaining a Florida driver's license with a fraudulent document, then voting in several federal elections starting in 2012. Her lawyers argued that the law was unconstitutional and exceeded Congress's authority. The judge acknowledged the unique nature of the case, as it questioned whether Congress had constitutional authority to pass the statute.

The Trump administration has sought to prosecute noncitizens for voting, but the ruling could impact their efforts.