Federal judge rules noncitizen-voting criminal statute unconstitutional in Chelsea Cox case

On 1 October 2026, U.S. District Judge David Leibowitz in the Southern District of Florida dismissed the federal prosecution of Chelsea Cox after ruling that the criminal statute prohibiting voting by noncitizens was unconstitutional as applied in the case. The decision challenged the legal foundation the Justice Department was using in a renewed series of noncitizen-voting prosecutions. It did not create a general permission for noncitizens to vote in federal elections, and other election laws remained in force.

The Justice Department filed an appeal to the U.S. Court of Appeals for the 11th Circuit on 2 October, meaning the constitutional question was not finally settled. The appellate court could affirm, reverse or narrow the district court's reasoning. The ruling came from an independent federal court while the administration was expanding enforcement, creating a direct legal challenge to the statute used in at least one prosecution.