Court Dismisses Case Against Noncitizen in Voting Charge

The Justice Department faces a setback after a judge dismissed a federal case against a Jamaican national accused of illegal voting. U.S. District Judge David S. Leibowitz of Miami ruled the law under which Chelsea Cox was charged unconstitutional.

Cox, accused of voting illegally in the 2020 election, was charged under 18 U.S.C. § 611. This federal law prohibits voting by non-U.S. citizens. Leibowitz’s 31-page order states only states can set voter qualifications, not Congress. While Cox might still face prosecution under Florida state law, the ruling challenges federal enforcement.

The decision only affects Cox and marks the first court ruling deeming the statute unconstitutional. Nonetheless, it complicates the Justice Department’s pursuit of noncitizen voting cases. Despite President Trump’s continued allegations of widespread noncitizen voting, experts say the practice is rare.

Following the ruling, the Justice Department plans to appeal. However, no immediate response came from the department’s spokesperson. Leibowitz’s decision rests on the Constitution’s allocation of powers regarding voter qualifications to states.

The Justice Department argued its role in regulating elections includes preventing noncitizen voting. Nevertheless, Leibowitz questioned Congress’s authority under the Constitution to enact such a statute. He criticized the department’s reliance on a weak Supreme Court case to defend the statute.

Cox’s attorney, Bruce Udolf, expressed her relief over the decision, as she had been facing significant personal stress due to the case. Cox has also dealt with medical issues recently.

Federal prosecutors accused Cox of residing in the U.S. unlawfully after overstaying a tourist visa, acquiring a driver’s license using a fake birth certificate, and voting in several federal elections since 2012. The 2020 election led to her charges last year.

Cox’s defense argued that the federal law exceeded Congress’s authority, a point the court accepted. Prosecutors referenced the Constitution’s provision for federal oversight of elections to counter the dismissal.

Judge Leibowitz sought analysis from Paul Clement, a prominent conservative litigator, to inform his decision. Clement agreed that Congress likely overstepped its authority with §611, highlighting states’ precedence in determining voter qualifications. He acknowledged historical instances of states allowing noncitizens to vote in federal elections.