Florida Judge Dismisses Federal Noncitizen Voting Case

A federal judge in Florida dismissed the federal prosecution of Chelsea Cox, ruling that Congress lacked constitutional authority to use the law at issue to set voter qualifications. The decision applies only to Cox and leaves Florida’s ability to prohibit and punish noncitizen voting under state law intact. U.S. District Judge David Leibowitz dismissed the case on October 1. Cox, a Jamaican national and Florida resident, was charged in October 2025 with illegally voting in the 2020 election under a 1996 federal statute that criminalizes noncitizen voting in certain federal elections. The ruling appears to be the first time a federal court has found the law unconstitutional, according to the reports reviewed. Leibowitz reasoned that the Constitution gives states, rather than Congress, authority to set voter qualifications. He said Florida could enforce its own eligibility rules, while the federal government could not prosecute Cox under the statute used in her case. The decision does not establish a right for noncitizens to vote, and it does not prevent Florida from pursuing penalties under state law.