Biden‑appointed judge dismisses illegal‑voting charge against Jamaican noncitizen

U.S. District Judge David Leibowitz dismissed an illegal‑voting charge against Jamaican immigrant Chelsea Cox on Oct. 3, 2026, ending the federal prosecution that alleged she voted in U.S. elections despite not being a citizen.

The ruling challenges the constitutionality of the 1996 federal law that prohibits noncitizens from voting in federal elections, suggesting that such qualifications are set by the states. With roughly 45 similar cases pending nationwide, the decision could become a key reference point for future challenges.

Cox arrived in the United States on a tourist visa in 1999, which expired in 2000. According to prosecutors, she later obtained a Florida driver’s license using a fraudulent birth certificate from the U.S. Virgin Islands and registered to vote in 2012. Her voting record spans the 2012 through 2020 elections, though the federal government could only charge her for the 2020 vote because of the statute of limitations on earlier votes.

Judge Leibowitz concluded that Congress does not have the authority to impose citizenship requirements for voting, reasoning that states generally determine voter qualifications even for federal elections. He noted that Florida already requires voters to be citizens, and the alleged conduct could be addressed under state law, not federal law.

Although the federal charge was dismissed, the judge acknowledged that Florida could still prosecute Cox under state statutes, and she remains subject to potential deportation. The decision gives other defendants a persuasive precedent, even though it does not bind other courts.

Republican Sen. Mike Lee condemned the ruling, calling it “insane” and suggesting it will be overturned on appeal. Leibowitz indicated that Congress could draft a new federal prohibition tied to state qualifications, a route he sees as constitutionally viable.

The federal case is now closed, but state authorities may still pursue charges, and the legal debate over noncitizen voting is expected to continue as courts across the country consider the implications of this opinion.