A federal judge in Miami has delivered a significant blow to the Justice Department’s efforts to prosecute noncitizens for voting in federal elections, declaring the central law used in these cases unconstitutional. U.S. District Judge David S. Leibowitz ordered the dismissal of charges against Chelsea Cox, a Jamaican national accused of illegally voting in the 2020 general election. In a detailed 31-page ruling, Leibowitz concluded that the forty-year-old federal statute, 18 U.S.C. § 611, which makes it a misdemeanor for a non-U.S. citizen to vote, violates the Constitution.
Under the U.S. Constitution, the power to define who can vote lies solely with the states, not with Congress. The judge was highly critical of the Justice Department’s defense of the law, calling the primary Supreme Court precedent they relied on “very, very weak.” He emphasized that the text, structure, and original public meaning of the Constitution make it clear that Congress does not have the authority to dictate voter qualifications.
Cox’s legal team had previously asked the court to drop the charges, arguing that the federal law overstepped congressional power and invaded a territory reserved exclusively for the states. The judge’s decision aligns with an analysis provided by prominent conservative litigator Paul Clement, who served as solicitor general under George W. Bush. In an amicus brief, Clement concluded that Congress likely overstepped its constitutional bounds with the statute, confirming that states, not the federal government, set voter qualifications.
The case accused Cox of overstaying a U.S. tourist visa more than twenty years ago and fraudulently obtaining a Florida driver’s license using a fake U.S. Virgin Islands birth certificate to cast ballots in multiple elections. While the federal charges are now dismissed, state prosecutors in Florida may still choose to prosecute her under state laws. The Justice Department has already filed a notice of appeal, signaling a lengthy legal battle ahead. This ruling applies specifically to Cox but sets a powerful precedent that could challenge similar federal prosecutions nationwide.
