Noncitizen Vote Ban Gutted – For Now

voting sign with arrow and American flag — Photo: Jeff Bukowski / Shutterstock

A federal judge struck down the national ban on noncitizen voting in one case, saying only states can set voter qualifications.

Story Snapshot

A Florida judge dismissed a federal charge and said Congress cannot set voter qualifications.
The ruling targets the federal ban on noncitizen voting, 18 U.S.C. § 611, in this case only.
The judge said Florida, not Washington, can bring charges under state law.
The Department of Justice disagreed and is weighing an appeal.

What The Judge Decided In The Florida Case

U.S. District Judge David S. Leibowitz dismissed a criminal charge against Chelsea Cox by ruling that the federal ban on noncitizen voting, 18 U.S.C. § 611, is unconstitutional as applied in her case. The judge wrote that the Constitution gives states, not Congress, the power to set voter qualifications. He called § 611 a voter qualification law and therefore beyond Congress’s power. Reporters confirmed the case was tossed on constitutional grounds, not on a technicality.

The case comes from Broward County, Florida, and stems from an allegation that Cox voted in the 2020 federal election while not a U.S. citizen. Prosecutors charged her in 2025 under § 611. The judge’s 31-page order dismissed that federal count after a full merits review. He grounded the ruling in the text and structure of the Constitution, not a narrow procedural flaw, according to coverage that quotes the opinion’s core logic.

Why The Ruling Is Narrow But Significant

The decision applies only to Cox’s case and does not strike the law nationwide. Other judges are not bound by this order, and appeals could change the outcome later. The judge also said Florida can use its own laws if it wants to prosecute the conduct, which puts the focus back on state election rules rather than a one-size federal fix. Still, this is the first known federal court ruling to knock down the 1996 statute on constitutional grounds.

The Department of Justice said it disagrees with the ruling and is reviewing possible appeal options. The White House has also stated that federal law reserves federal voting to citizens and cites § 611 among laws that punish illegal voting in federal races. Federal prosecutors argued that stopping foreign interference is within Congress’s reach, signaling the theory they may push on appeal.

What This Means For Election Integrity And Federalism

This fight is about more than one charge; it is about who controls voter eligibility. The judge read the Constitution to say states set qualifications and Congress may regulate time, place, and manner only. That view would leave citizenship checks, penalties, and enforcement mainly to state law and local prosecutors. Supporters say that respects federalism. Critics worry it weakens a key national tool against illegal voting in federal contests.

For readers who want secure elections, two facts stand firm today. First, noncitizen voting in federal elections remains illegal under many state laws, including in Florida. Second, the federal government’s charge in this one case was dismissed, but the Justice Department can appeal. Until higher courts rule, election officials will keep relying on state voter rolls, state penalties, and citizenship checks that states administer, while Washington contests this decision.

How To Read The Road Ahead

Expect an appeal that asks a higher court to restore the federal tool against illegal voting. Expect state lawmakers to tighten their own rules to remove doubt. President Trump’s administration has pushed citizenship verification for federal elections, arguing the franchise belongs to citizens alone. The immediate takeaway is clear: vigilance now shifts even more to states. Citizens should demand clear proof of citizenship, strong list maintenance, and prompt prosecution under state law.