In a recent decision, U.S. District Judge David Leibowitz of the Southern District of Florida ruled that the federal statute prohibiting noncitizens from voting in federal elections is unconstitutional, asserting that the authority to regulate voting qualifications resides with individual states, not Congress.
The case centered on Chelsea Cox, a Jamaican national accused of voting in multiple elections between 2012 and 2020. Judge Leibowitz dismissed the federal charges against Cox, stating that 18 U.S.C. § 611, which criminalizes noncitizen voting in federal elections, oversteps congressional authority. He emphasized that the statute “dictates who may vote in federal elections, and is therefore a voter qualification law,” a domain traditionally reserved for state regulation.
Enacted in 1996, 18 U.S.C. § 611 makes it unlawful for any noncitizen to vote in elections for federal offices, including those of the President, Vice President, and members of Congress. The law includes specific exceptions, such as allowing noncitizens to vote in certain local elections if permitted by state law and if the voting process is conducted separately from federal elections. However, Judge Leibowitz found that the statute’s overarching prohibition on noncitizen voting in federal elections encroaches upon state sovereignty.
In his ruling, Judge Leibowitz appointed former Solicitor General Paul D. Clement as amicus curiae to provide insight into the statute’s implications. Clement highlighted the statute’s “unless” clause, which permits noncitizen voting in non-federal elections under specific conditions, as indicative of Congress’s overreach in regulating voter qualifications.
Bruce Udolf, Cox’s attorney, welcomed the decision, noting that the case underscores the importance of discretion in prosecutorial decisions, especially when constitutional authority is in question.
This ruling adds to the ongoing discourse on the delineation of federal and state powers in election regulation. While the federal government has historically set certain standards for federal elections, the Constitution grants states the primary authority to determine voter qualifications. This decision may prompt further examination of federal statutes related to election laws and their alignment with constitutional principles.
As the legal community assesses the implications of this ruling, it remains to be seen how it will influence future legislation and the balance of power between federal and state authorities in regulating elections.