Judge Leibowitz Dismisses Chelsea Cox Case on Voter Law
A federal judge in Florida dismissed a criminal case against a Jamaican citizen accused of voting illegally in 2020, ruling that the federal law used to prosecute her is unconstitutional. U.S. District Judge David S. Leibowitz issued a 31-page resolution concluding that Congress lacked the authority under 18 U.S.C. Section 611 to criminalize non-citizen voting in federal elections, finding that the Constitution reserves voter qualification powers strictly to the states.
District Court Ruling Versus Federal Prosecution Strategy
The dismissed case centered on Chelsea Cox, who was charged in October 2025 with a misdemeanor for participating in a federal election. Prosecutors alleged that Cox entered the United States on an expired tourist visa, used a fraudulent birth certificate from the U.S. Virgin Islands to obtain a Florida driver license, and registered to vote, casting ballots in federal elections starting in 2012. According to Reuters, Judge Leibowitz determined that Section 611—enacted in 1996—exceeded federal authority.
While the ruling marks a significant constitutional check on federal prosecutorial power, it does not grant non-citizens the right to vote in Florida. Judge Leibowitz explicitly noted in the decision that the state maintains its own independent laws to prohibit and penalize that conduct, writing that Florida “can and does” process such actions under state legislation, as Al Jazeera reported. The decision carries a limited scope, applying directly to the Cox case rather than binding other federal courts nationwide. CBS News noted that the ruling appears to be the first instance where a federal court has declared Section 611 unconstitutional.
Trump Administration Prioritizes Investigations into Non-Citizen Voting
This litigation unfolds while the administration of Donald Trump has prioritized investigations into non-citizen voting. According to CBS News, federal prosecutors have brought charges against at least 60 individuals for this specific offense since Trump returned to the White House in 2025.
Legal representation for the defendant indicated that the ruling provided substantial relief. Bruce Udolf, the attorney representing Cox, stated that his client was satisfied with the outcome. Udolf also mentioned that Cox recently underwent a medical procedure and is coordinating with the government regarding her case status and potential deportation proceedings. Meanwhile, the legal framework surrounding election integrity remains active through alternative statutes. The recent district court decision does not dismantle other federal laws that penalize individuals for making false claims of citizenship during voter registration, a distinction that will factor into the ongoing appellate arguments.
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