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US judge rules law criminalizing noncitizen voting is unconstitutional in blow to Trump
NY Post ^ | October 2, 2026 | Reuters

Posted on 10/05/2026 6:17:23 AM PDT by Twotone

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.

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


TOPICS: Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: bidenjudge; chelseacox; davidleibowitz; florida; illegalvoting; judgeblockstrump; votefraud

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1 posted on 10/05/2026 6:17:23 AM PDT by Twotone
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To: Twotone

what??????????????????????????????


2 posted on 10/05/2026 6:18:03 AM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare itself.)
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To: Twotone

Black, woman, foreigner or Jew? Gotta be one of these


3 posted on 10/05/2026 6:19:25 AM PDT by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience.)
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To: Twotone

Fake judge but a Real idiot


4 posted on 10/05/2026 6:23:41 AM PDT by butlerweave (Fateh)
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To: Mr. K

The court said it’s up to the state, not the federal government, as the constitution puts it upon states to determine voter qualifications. So all that needs to happen is the state take the action to the courts. The state can and does regularly prosecute this exact thing.

States rights used to be a thing.


5 posted on 10/05/2026 6:27:35 AM PDT by MomentsofSanity
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To: Twotone

Looks like dsa finally is successful in allowing illegals to vote. Kiss the USA goodbye.


6 posted on 10/05/2026 6:30:02 AM PDT by chopperk (,)
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To: MomentsofSanity

The headline seems to indicate that they think this applies to the whole country - and that it means that voting by illegal aliens is legal

Deceptive


7 posted on 10/05/2026 6:30:39 AM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare itself.)
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To: Ann Archy
Black, woman, foreigner or Jew? Gotta be one of these

Shove your antisemitism where the sun don't shine.

8 posted on 10/05/2026 6:33:09 AM PDT by New Perspective (As Leonard Cohen said once in an interview, “You won’t like what comes after America”)
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To: Twotone

Yet another rogue Irish judge.


9 posted on 10/05/2026 6:33:19 AM PDT by ComputerGuy
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To: Twotone
From the article:

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.

The article does not go into depth on his opinion, but the judgement seems ridiculous.

He is totally ignoring Article 1, Section 4, Clause 1

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

10 posted on 10/05/2026 6:36:09 AM PDT by PGR88
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To: Mr. K
and that it means that voting by illegal aliens is legal

No, it means the Federal government has no authority over state voter qualifications, except for the two cases mentioned in Article I section 4.

11 posted on 10/05/2026 6:36:54 AM PDT by Jim Noble (Assez de mensonges et des phrases)
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To: Twotone

Ruling after ruling, voting my non citizens is being allowed without anything from the people. The radicals in the robes are doing this all themselves.


12 posted on 10/05/2026 6:37:17 AM PDT by hillarys cankles
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To: PGR88

Here’s a post about it.

https://freerepublic.com/focus/news/4397613/posts?page=19#19


13 posted on 10/05/2026 6:40:02 AM PDT by TTFX
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To: chopperk

Will be reversed.


14 posted on 10/05/2026 6:41:30 AM PDT by maro (MAGA!)
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To: Twotone
finding the law criminalizing noncitizen voting was unconstitutional

So we've gone from "No illegal aliens are voting" to "Yeah, illegals are voting, but it's not a crime".

15 posted on 10/05/2026 6:42:12 AM PDT by grobdriver (The CDC can KMA!)
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To: Mr. K

very. it’s very narrowly specific to the one case and applies to nothing else. How other courts choose to interpret it is another story but for now, this applies to one case only and still isn’t saying they can vote. Just that Florida has to prosecute it.


16 posted on 10/05/2026 6:42:42 AM PDT by MomentsofSanity
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To: Twotone

“A US judge dismissed a federal case on Thursday that accused a Jamaican national of illegally voting...”

So it is broken down to two separate cases. The judge did not say she was illegally on US soil, or that she voted illegally. The judge said it was not the job of the federal services to determine that she voted illegally and that that job was the purveyance of the state. And that is within the Constitution. But what the judge did not say anythiong about was on the topic of overstaying her visa and should be deported. So the only way she can be kept in the US is if the state prosecutes her for illegal voting which is in reality an already done deal. They just have to take it to court.

Cox entered the United States as a tourist in 1999 and remained after her visa expired the next year, according to a court filing by the government.

• It is classified as a felony of the third degree.
• Penalties: Violations are punishable under Florida laws for third-degree felonies (sections 775.082, 775.083, or 775.084 of the Florida Statutes), which can include imprisonment, fines, or habitual offender sanctions.

She used a fraudulent US Virgin Islands birth certificate to obtain a Florida driver’s license and used those documents to register to vote in 2012.

So she either is found guilty of fraud under Florida state law and is imprisoned, or she is deported as soon as she is released from Florida state review. Either way, she’s not going to vote again unless she gets back into the country. And her run as an illegal is over. And until a stae backs the federal government on illegal voting, this will continue possibly until all the voting for the main offices will be done by the electorale college which will deny the fact that the government derived its legitimacy from the consent of the governed which comes from our colonial times.

wy69


17 posted on 10/05/2026 6:43:40 AM PDT by whitney69
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To: MomentsofSanity

This court is wrong. The Supreme Court ruled Arizona could set restrictions for STATE elections, but FEDERAL elections were controlled by FEDERAL law - which was why Arizona could not require proof of citizenship.

If it is only a state election, then the state controls the election.


18 posted on 10/05/2026 6:43:48 AM PDT by Mr Rogers
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To: Twotone

US judge finds law criminalizing noncitizen voting unconstitutional
https://freerepublic.com/focus/news/4397613/posts


19 posted on 10/05/2026 6:46:32 AM PDT by TTFX
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To: Twotone

What’s funny is the notion that the Post seems to think this idiotic judgement will stand.

Even funnier is the idea that a Jewish guy who’s probably a doctrinaire Leftist thinks he’s John C Calhoun now and States Rights will triumph!

Yee Haw

Long Live the Confederacy


20 posted on 10/05/2026 6:47:43 AM PDT by Regulator (It's fraud, Jim)
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