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A federal judge in Miami ruled that a law criminalizing voting by noncitizens is unconstitutional, dismissing charges against Chelsea Cox who was accused of illegally voting in 2020. Judge David Leibowitz determined that only individual states can set voter qualifications and thus the case should be handled at the state level, not by the federal government. The ruling applies specifically to Cox's case but raises broader questions about similar pending cases nationwide as President Trump continues his crackdown on alleged election fraud ahead of November’s midterm elections.
Written locally by qwen2.5:14b on 2026-10-02,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
US District Judge David Leibowitz in Miami dismissed federal charges against Chelsea Cox, a Jamaican national living in Florida, for voting illegally in the 2020 presidential election. Cox had overstayed her visa and used fraudulent documents to obtain a driver’s license and register to vote. The judge ruled that a federal law criminalizing noncitizen voting is unconstitutional because only states, not Congress, have the authority to set voter qualifications under the US Constitution. Since Florida already requires citizenship for voting, it is up to state authorities, rather than the federal government, to prosecute Cox. This ruling, seen as a setback for President Trump’s administration, could hinder federal efforts to combat alleged election fraud by noncitizens ahead of November's midterm elections.
Written for “Judge Rules Noncitizen Voting Law Unc…” on 2026-10-05,
grounded in this article and the 2 other(s) covering the same event.
A United States federal judge has ruled that a law criminalising voting by noncitizens is unconstitutional, dealing a setback for President Donald Trump’s administration as it cracks down on alleged election fraud ahead of November’s midterm elections.
asserted
it → rule → elections
US District Judge David Leibowitz in Miami dismissed a federal case on Thursday against Chelsea Cox, a Florida resident originally from Jamaica who had been charged in October 2025 with illegally voting in the 2020 presidential election.
asserted
who → dismiss → election
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- list 2 of 3US FCC head says controversial Trump ads do not raise concerns
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asserted
deal → say → elections
Leibowitz, who was nominated to the bench by former Democratic President Joe Biden, found that under the US Constitution, only individual states, not the US Congress, have the authority to set voter qualifications.
asserted
states → nominate → qualifications
Since every state already requires US citizenship to vote, he wrote, it is up to Florida, not the Department of Justice, to prosecute Cox for breaking that rule.
asserted
it → require → rule
“Florida can and does,” he wrote, noting the state already has its own laws against the conduct Cox is accused of.
asserted
Cox → do → conduct
The ruling applies only to Cox’s case and it does not bind judges elsewhere, though about 45 similar cases remain pending nationwide.
asserted
cases → apply → judges
At least four other defendants have raised the same constitutional challenge.
asserted
defendants → raise → challenge
Court filings show Cox entered the US as a tourist in 1999, overstayed her visa, and later used a fraudulent birth certificate from the US Virgin Islands, a US territory in the Caribbean, to obtain a Florida driver’s licence and register to vote in 2012.
asserted
Cox → show → 2012
Trump has falsely claimed that noncitizen voting, which is already illegal and rare, cost him the 2020 election, and has cast it as part of a broader effort by Democrats to dilute Republican support.
asserted
which → claim → support
The Department of Justice has charged at least 60 people with the offence since Trump returned to office in January 2025.
asserted
Trump → charge → January
Among 129 people charged with “voting by an alien” since 2021, none was accused of conspiring to sway an election, backing a candidate, or being paid to vote, according to Reuters.
uncertain
none → charge → Reuters
Most were found to be lawful permanent residents who had registered by mistake or on the incorrect advice of an election worker or government clerk.
asserted
who → find → worker
Cox’s lawyer, Bruce Udolf, welcomed the ruling and said he hoped authorities would not now seek to deport her, citing her declining health conditions.
asserted
authorities → welcome → conditions