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On October 1, 2026, U.S. District Judge David S. Leibowitz dismissed the federal case against Chelsea Cox, ruling that the federal law used to prosecute her was unconstitutional as applied in her case. The decision concerns one defendant and one federal prosecution; it does not establish a nationwide rule or make noncitizen voting legal.
What did the Miami judge rule?
Judge Leibowitz dismissed the federal case against Cox and held that 18 U.S.C. § 611 was unconstitutional as applied to her. The charge concerned an alleged vote in a 2020 election. Cox was charged under the federal statute in October 2025, according to Reuters, republished by Investing.com (Reuters via Investing.com).
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The ruling was issued by a U.S. district judge in Miami on October 1, 2026, as reported by CBS News (CBS News). The constitutional conclusion is Judge Leibowitz’s ruling in Cox’s case, not a final nationwide determination by an appellate court.
Why did he find the law unconstitutional?
Reporting describes the judge’s reasoning as focused on the constitutional allocation of authority over voter qualifications. He concluded that Congress lacked authority to enact or apply the federal statute used in Cox’s prosecution. Bloomberg Law’s account characterizes the case as a dismissal grounded in that constitutional view (Bloomberg Law).
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This is the district judge’s reasoning, not an appellate court’s settled rule. The available reporting does not provide enough primary-record material to detail the judge’s full legal analysis.
Does this mean noncitizens can vote?
No. The ruling dismissed Cox’s federal case; it did not legalize noncitizen voting or change election rules nationwide. Coverage reported that Florida authorities could still pursue a case under state law. The federal disposition and any possible state-law consequences are separate matters.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Is the government appealing?
CBS News reported that the Justice Department moved to appeal shortly after the decision. The appellate docket status and any later action are not established in the reporting cited here, so the reported move should not be treated as confirmation that an appeal is currently pending or resolved.
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What the decision does—and does not—settle
- It settles: the federal prosecution against Cox was dismissed by the district court, which held 18 U.S.C. § 611 unconstitutional as applied to her.
- It does not settle: whether the statute is unconstitutional in every circumstance, whether other courts will adopt the same reasoning, or what an appellate court may decide.
- It does not bar: a potential state-law prosecution, as reported in coverage of the ruling.
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