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US judge finds law criminalizing noncitizen voting unconstitutional
Reuters ^ | October 1, 2026 | Tom Hals

Posted on 10/01/2026 5:28:46 PM PDT by lowbridge

A US judge dismissed ​a federal case on Thursday that accused a Jamaican national of illegally voting, finding the law criminalizing noncitizen voting was unconstitutional and delivering a blow to ‌the Trump administration's campaign against alleged election fraud.

The ruling by Miami-based US District Judge David Leibowitz applies only to the case of Florida resident Chelsea Cox, who was charged in October 2025 with illegally voting in the 2020 election. It is not binding for judges in other cases.

It marks a setback for President Donald Trump's administration on noncitizen voting, a cornerstone of its push to highlight alleged election fraud ahead of November's midterm elections. Republicans ​are fighting to retain majorities in both houses of Congress.

The Justice Department has charged at least 60 people with noncitizen voting since Trump returned to office in January 2025.

The ​ruling by Leibowitz, who was nominated by Democratic President Joe Biden, appears to be the first time a federal court has found the ⁠1996 law a violation of the US Constitution.

Leibowitz wrote that under the US Constitution only states can set voter qualifications, not Congress. Every state requires US citizenship to vote, and Leibowitz said ​it was up to Florida, not the Department of Justice, to prosecute her for violating that requirement.

"Can the State of Florida prohibit and punish the exact conduct Defendant Cox allegedly engaged in ​here? This has already been decided elsewhere and is not addressed here: Florida can and does," Leibowitz wrote.

Trump, who falsely claims that fraud cost him the 2020 election, has said stricter enforcement of documented citizenship is needed for election integrity. His critics say the administration's highly publicized crackdown on noncitizen voting exaggerates a rare problem and could undermine confidence in election results.

(Excerpt) Read more at reuters.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Florida
KEYWORDS: 2020election; bidenstooge; davidleibowitz; illegalimmigration; immigration; impeach; judgeblockstrump; judgejockstrap; nullifiesmyvote; rotorooters; tomhals

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1 posted on 10/01/2026 5:28:46 PM PDT by lowbridge
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To: lowbridge

What Constitution is this Fake judge going by ?


2 posted on 10/01/2026 5:30:53 PM PDT by butlerweave (Fateh)
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To: lowbridge

I WENT TO A ONE ROOM GRADE SCHOOL—_BUT EVEN I KNOW ONLY CITIZENS CAN VOTE.

THIS BUM NEEDS TO BE KICKED TO THE STREET


3 posted on 10/01/2026 5:33:19 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: butlerweave

If your vote doesn’t matter because it can be cancelled by illegals, the. Having a right to vote doesn’t matter. The Judge needs to look at the voters right act of 1965 and the term dilution.


4 posted on 10/01/2026 5:34:32 PM PDT by Pete Dovgan
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To: ridesthemiles

Exactly and as I recall a non-citizen voting is in violation of federal law. These judges are out of control.


5 posted on 10/01/2026 5:34:58 PM PDT by ssapro (SSAPRO/ EXBP)
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To: lowbridge
https://x.com/i/grok/share/8b41c2a35d3947ccbb756e5e34509271

"Bottom line: The judge’s reasoning rests on a longstanding constitutional division of power—states control voter qualifications (as reinforced in cases like Arizona v. Inter Tribal Council). Whether higher courts agree remains to be seen; this is a district-court decision in one case. States retain full authority to ban and prosecute noncitizen voting, which they all do."

6 posted on 10/01/2026 5:35:38 PM PDT by E. Pluribus Unum (The right of the Democrats to embezzle elections shall not be infringed. )
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To: butlerweave

He’s a BIDEN JUDGE, naturally.


7 posted on 10/01/2026 5:35:43 PM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX)
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To: lowbridge

If that is true and we actually officially allow non-citizens to vote, it is time for Revolution II...with no limits on what we do to traitors, crooks, killers, and especially - DemocRATs. Nope, not even close to kidding. It’s revolution or become another shit country sining All to the snackbar and boinking goats.


8 posted on 10/01/2026 5:36:11 PM PDT by Da Coyote
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To: E. Pluribus Unum

Actually, federal law DOES control federal elections. That’s why Arizona can require proof of citizenship for state elections but was not allowed to do so for federal elections.


9 posted on 10/01/2026 5:39:11 PM PDT by Mr Rogers
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To: lowbridge
Trump, who falsely claims that fraud cost him the 2020 election, ...

Oh, good, another article written by a political activist/propagandist and not a journalist.

10 posted on 10/01/2026 5:42:59 PM PDT by TigersEye (The Marxist Media works hand in glove with the Democrat terrorists.)
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To: lowbridge

These are the cancer cells within our national body fighting back. We can’t let them dictate the health of the nation.


11 posted on 10/01/2026 5:44:02 PM PDT by neverevergiveup
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To: TigersEye

Stating definitively that Trump ‘falsely claimed’ seems like slander. Prove he ‘falsely claimed’.


12 posted on 10/01/2026 5:47:28 PM PDT by neverevergiveup
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To: lowbridge

U.S federal stooge.


13 posted on 10/01/2026 5:47:31 PM PDT by kiryandil (I give up with this crew of trolls)
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To: lowbridge

spjnk


14 posted on 10/01/2026 5:49:48 PM PDT by null and void (Iran Pres Masoud Pezeshkian: “Common sense is a good thing ... Common sense is really a good thing.")
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To: neverevergiveup

You have to remember that “urinalists” like Tom Hals went into “journalism” because they can’t do math.

Hope he married a woman that can balance his checkbook, because the maths retard certainly can’t.


15 posted on 10/01/2026 5:52:51 PM PDT by kiryandil (I give up with this crew of trolls)
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To: Pete Dovgan
“The Judge needs to look at the voters right act of 1965 and the term dilution.”

Do you honestly think he doesn’t know any better?

16 posted on 10/01/2026 5:53:00 PM PDT by daler
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To: lowbridge

OK, so if Georgia brings back Lester Maddox, and the State of Georgia passed a law, then coloreds wouldn’t be allowed to vote? It actually WAS a States’ Rights thing after all?


17 posted on 10/01/2026 5:56:13 PM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: butlerweave

“Theirs.”


18 posted on 10/01/2026 5:57:51 PM PDT by Shady (#EnoughIsEnough, and we have HAD ENOUGH!)
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To: lowbridge; All
Can states legally allow non-citizens to vote in presidential elections?

Yes, under the U.S. Constitution, states can legally allow non-citizens to vote in presidential elections.

Constitutional basis

The Constitution does not require U.S. citizenship as a condition for voting in federal elections (including for president). It leaves voter qualifications primarily to the states:

The Supreme Court has confirmed this division of power. In Arizona v. Inter Tribal Council of Arizona (2013), the Court stated that the Elections Clause allows Congress to regulate the times, places, and manner of federal elections, but not who may vote. Voter qualifications are the province of the states. law.cornell.edu Historical practice supports this: In the 19th and early 20th centuries, multiple states allowed non-citizens (often “declarant aliens” who had declared intent to naturalize) to vote in state and federal elections. All states later restricted voting to citizens by the 1920s, but that was a policy choice, not a constitutional mandate.

Federal law and the recent ruling

Federal statute 18 U.S.C. § 611 (from 1996) makes it a crime for non-citizens to vote in federal elections. However, as the October 1, 2026 district court ruling in the Chelsea Cox case held, this statute appears to exceed Congress’s authority because it attempts to set a voter qualification (citizenship) that the Constitution reserves to the states. That ruling is limited to one case and is not binding nationwide, but it reflects the constitutional principle.Current reality

Practical and political limits

A state could change its laws (and, if needed, its constitution) to allow non-citizens to vote for president. Doing so would automatically make those non-citizens eligible for congressional elections in that state as well, because of the constitutional linkage to state legislative qualifications. There is no federal constitutional barrier preventing it. Any such change would face intense political opposition, potential federal challenges, and practical issues (e.g., how ballots are structured), but the constitutional answer is yes—states have that power.

19 posted on 10/01/2026 5:59:04 PM PDT by E. Pluribus Unum (The right of the Democrats to embezzle elections shall not be infringed. )
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To: Dr. Sivana

OK, so if Georgia brings back Lester Maddox, and the State of Georgia passed a law, then coloreds wouldn’t be allowed to vote?


Rednecks - Randy Newman

Last night I saw Lester Maddox on a TV show
With some smart ass New York Jew
And the Jew laughed at Lester Maddox
And the audience laughed at Lester Maddox too

Well he may be a fool but he’s our fool
If they think they’re better than him they’re wrong
So I went to the park and I took some paper along
And that’s where I made this song

We talk real funny down here
We drink too much and we laugh too loud
We’re too dumb to make it in no Northern town
And we’re keepin’ the n_____s down

We got no-necked oilmen from Texas
And good ol’ boys from Tennessee
And colleges men from LSU
Went in dumb. Come out dumb too
Hustlin’ ‘round Atlanta in their alligator shoes
Gettin’ drunk every weekend at the barbecues
And they’re keepin’ the n_____s down

CHORUS
We’re rednecks, rednecks
And we don’t know our ass from a hole in the ground
We’re rednecks, we’re rednecks
And we’re keeping the n_____s down

Now your northern n____’s a Negro
You see he’s got his dignity
Down here we’re too ignorant to realize
That the North has set the n_____ free

Yes he’s free to be put in a cage
In Harlem in New York City
And he’s free to be put in a cage on the South-Side of Chicago
And the West-Side
And he’s free to be put in a cage in Hough in Cleveland
And he’s free to be put in a cage in East St. Louis
And he’s free to be put in a cage in Fillmore in San Francisco
And he’s free to be put in a cage in Roxbury in Boston
They’re gatherin’ ‘em up from miles around
Keepin’ the n_____s down


20 posted on 10/01/2026 5:59:56 PM PDT by dfwgator ("I am Charlie Kirk!")
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