In a decisive 31‑page opinion, U.S. District Judge David Leibowitz of the Southern District of Florida dismissed federal charges against Chelsea Cox, a Jamaican‑born resident who voted in the 2020 presidential election despite not being a U.S. citizen. Leibowitz concluded that the Constitution assigns the authority to determine voter qualifications in federal elections to the states, not to Congress.
Legal reasoning and constitutional basis
Leibowitz wrote, “The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections.” He cited the text of the Constitution and the debates at the 1787 Constitutional Convention as evidence that the framers intended voter‑qualification power to reside with the states.
The ruling directly challenges a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that criminalizes non‑citizen voting in federal elections. By declaring the provision unconstitutional as applied to Cox, the judge effectively removes the federal government’s ability to prosecute non‑citizens for voting.
Conservative response
Sen. Mike Lee (R‑Utah), co‑author of the Safeguard American Voter Eligibility (SAVE) Act, blasted the decision as “insane” and predicted it will be overturned on appeal. Lee warned that the ruling gives Democrats a false sense of security, suggesting they can ignore the SAVE Act because “non‑citizen voting is already illegal.”
Hans von Spakovsky, senior legal fellow with Advancing American Freedom, called the opinion “patently wrong” and said the 11th Circuit Court of Appeals will likely “squash” the decision. Spakovsky emphasized that Article I, Section 8 gives Congress full authority over naturalization and, by extension, the power to ban non‑citizens from voting.
Spakovsky also referenced the 2011 Bluman v. FEC decision, noting that the Supreme Court has long allowed the government to exclude foreign nationals from activities tied to democratic self‑government, including voting, jury service, and law‑enforcement positions.
Legal community’s take
Anhishek Kambil, a partner at Holtzman Vogel Law Firm, expressed surprise if the federal government does not prevail on appeal, pointing to Oregon v. Mitchell as precedent for federal authority over certain voter qualifications, such as voting age.
Leibowitz acknowledged Congress’s “broad, undoubted power” over immigration but argued those powers are not “blank checks” that can override the Constitution’s allocation of voter‑qualification authority to the states.
Political backdrop
The ruling arrives as the Trump administration intensifies efforts to prevent non‑citizens from voting, including federal prosecutions and initiatives to verify citizenship on state voter rolls. President Donald Trump continues to assert, without evidence, that the 2020 election was stolen, framing election‑integrity as a top priority for his administration.
President Joe Biden nominated Leibowitz to the federal bench in 2024, and the Senate confirmed him by a 64‑33 vote, with Republican Senator Marco Rubio voting in favor.
What’s next?
While the federal prosecution of Cox is halted, Florida retains the authority to pursue state‑level charges. Legal analysts expect the Department of Justice to appeal the decision, and the 11th Circuit will likely hear the case in the coming months.
Conservative lawmakers and advocacy groups are urging Congress to pass the SAVE Act, which would codify voter‑qualification authority at the federal level and prevent similar judicial rulings from undermining election‑security efforts.
Original reporting: Fox News (HLL/CB) — read the source article.
