U.S. District Judge Rules Noncitizens Cannot Be Barred from Voting in Federal Elections

<p>U.S. District Judge David Leibowitz, appointed by President Biden, ruled that the federal government's application of a law barring noncitizens from voting in elections violates the Constitution. This ruling was made in a federal criminal case involving Chelsea Cox, a woman from Jamaica who voted in the 2020 presidential election despite not being a U.S. citizen.</p><p>In a 31-page ruling, Leibowitz dismissed federal charges against Cox, stating that the Constitution grants states, not Congress, the authority to determine voter qualifications in federal elections. He ruled that a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that criminalizes noncitizen voting is unconstitutional as applied to Cox.</p><p>Leibowitz wrote, "The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections." This ruling comes amid ongoing efforts by the Trump administration to prevent noncitizens from voting, including federal prosecutions and attempts to verify citizenship on state voter rolls.</p><p>Senator Mike Lee, R-Utah, criticized the ruling, stating on X that it would likely be overturned and that it undermines the need for the Safeguard American Voter Eligibility (SAVE) Act, which is stalled in the Senate. Lee asserted that the ruling reveals a conflict between the perceived need for the SAVE Act and the belief that noncitizen voting is already illegal.</p><p>Hans von Spakovsky, a senior legal fellow with Advancing American Freedom, expressed his belief that the ruling would likely be overturned by the 11th Circuit Court of Appeals. He argued that while states have the authority to set voter qualifications, Congress retains the authority over naturalization and can regulate noncitizen participation in the democratic process.</p><p>Spakovsky referenced a 2011 Supreme Court decision, Bluman v. FEC, which upheld restrictions on foreign nationals' campaign spending, stating that the government may exclude noncitizens from activities tied to democratic self-government.</p><p>Legal expert Anhishek Kambil noted that he would be surprised if the federal government did not prevail in its appeal. He pointed to the Supreme Court's ruling in Oregon v. Mitchell, which affirmed the government's authority to set voting age as a voter qualifier.</p><p>Leibowitz rejected the federal government's argument that Congress has total authority over regulating immigration and noncitizens, stating that such powers cannot override the Constitution's assignment of voter-qualification authority to the states. He also dismissed the federal government's reliance on the Elections Clause, asserting that the statute in question was not designed to regulate election procedures or prevent fraud.</p><p>While Leibowitz ruled that the federal government cannot continue prosecuting Chelsea Cox, he noted that Florida would still have the authority to bring state charges against her. Leibowitz was nominated to the federal bench by President Biden in 2024 and confirmed by the Senate in a bipartisan vote.</p>