Judge Rules States, Not Congress, Set Noncitizen Voting Rules
A Florida judge struck down 18 U.S.C. 611, blocking federal noncitizen voting bans.
Why it matters: The ruling reassigns authority over noncitizen voting eligibility from Congress to states, affecting federal election enforcement and legal risk. Law firms and compliance teams must reassess strategies amid shifting constitutional interpretations of election regulation.
- U.S. District Judge David Leibowitz declared 18 U.S.C. 611 unconstitutional as applied to noncitizen voting on October 1, 2026.
- The statute, enacted in 1996, criminalized noncitizens voting in federal elections, but the judge ruled states hold exclusive power to set voter qualifications.
- Chelsea Cox, a Jamaican national prosecuted under this law, had charges dismissed following the ruling.
- Paul D. Clement was appointed amicus curiae to provide an independent legal review of the statute’s constitutionality.
On October 1, 2026, U.S. District Judge David Leibowitz of the Southern District of Florida struck down 18 U.S.C. 611 as unconstitutional in the case involving Chelsea Cox, a Jamaican citizen charged with illegal voting. The statute had criminalized noncitizen participation in federal elections since its enactment in 1996. Cox allegedly overstayed her tourist visa by 20 years and registered to vote using a fraudulent birth certificate from the U.S. Virgin Islands.
Judge Leibowitz ruled that the U.S. Constitution grants individual states the exclusive authority to set voter qualifications, not Congress. He stated, "Congress has no power to say who can vote or who cannot vote in federal elections," thereby invalidating the federal prohibition on noncitizen voting as applied to Cox.
To ensure a robust analysis, the court appointed former Solicitor General Paul D. Clement as amicus curiae to provide an independent assessment of the statute's constitutionality. This step underscores the ruling's significance and its potential to reshape election law.
The Department of Justice had charged over 60 individuals with noncitizen voting violations since January 2025 during increased enforcement under the previous administration's election fraud initiatives. Chelsea Cox's attorney, Bruce Udolf, called for officials to "exercise discretion and forego further action against her," highlighting concerns about prosecutorial overreach.
In response, James Percival, General Counsel for the Department of Homeland Security, criticized the decision, noting that declaring federal election laws unconstitutional upends established legal enforcement mechanisms.
This ruling directly challenges the federal government's role in regulating elections and may complicate current and future prosecutions for noncitizen voting. It spotlights constitutional tensions between federal authority and state sovereignty over election rules, likely prompting reevaluation within legal and compliance circles.
By the numbers:
- 18 U.S.C. 611 — Federal statute prohibiting noncitizen voting, enacted in 1996
- 60+ — Individuals charged with noncitizen voting offenses by DOJ between Jan 2025 and Oct 2026
- 20 years — Duration Chelsea Cox overstayed her tourist visa before prosecution
Yes, but: Some legal experts argue the ruling could create inconsistencies across states, potentially complicating nationwide election integrity efforts.
What's next: Appeals are expected as the DOJ considers challenging the ruling, with potential Supreme Court review of state versus federal election authority.