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1h ago

Federal Judge Rules Noncitizen‑voting Statute Unconstitutional in Miami Case

The decision narrows the Justice Department’s federal prosecutions by saying states, not Congress, set voter qualifications and could reshape dozens of pending cases

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WASHINGTON, DC - SEPTEMBER 10: Attendees listen to Sen. Mike Lee (R-UT) speaking at a "Only Citizens Vote" bus tour rally on passing the SAVE Act at Upper Senate Park outside the U.S. Capitol on September 10, 2025 in Washington, DC. The Safeguard American Voter Eligibility Act, or SAVE Act, would mandate proof of U.S. citizenship to register for federal elections, a move supporters argue is needed to secure voter rolls while opponents say it risks blocking eligible Americans from casting ballots. (Photo by Kent Nishimura/Getty Images)
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Overview

  • U.S. District Judge David Leibowitz dismissed the federal case against Chelsea Cox and concluded that the 1996 law criminalizing noncitizen voting cannot support her prosecution because the Constitution reserves voter‑qualification authority to the states.
  • The ruling, issued October 1–2, 2026, applies only to Cox’s case and is not binding on other courts, but the opinion may be cited in roughly 45 similar federal matters now pending nationwide.
  • Leibowitz grounded his decision in Article I, Article II and the 17th Amendment and rejected prosecutors’ arguments that Congress’ powers over immigration or election administration justify the statute.
  • The federal dismissal does not change state voting rules in Florida, leaves open the possibility of state criminal charges and immigration consequences for Cox, and does not remove state-level verification laws such as Florida’s SAVE Act.
  • The decision is an immediate legal setback for the Justice Department’s intensified enforcement campaign that has led to dozens to about 129 people being charged under the federal provision and could prompt prosecutors to reassess charging strategies and defenses in pending cases.