On October 1, 2026, U.S. District Judge David S. Leibowitz dismissed the federal case against Chelsea Cox, holding that the federal law used to prosecute her, 18 U.S.C. § 611, was unconstitutional as applied to her. The decision concerns one federal prosecution; it does not create a nationwide rule or make noncitizen voting lawful.
What did the Miami judge rule?
Judge Leibowitz, sitting in the U.S. District Court in Miami, dismissed the federal case against Cox on October 1, 2026. He concluded that Congress lacked authority to enact or apply the federal statute at issue in her case, based on his view of the constitutional allocation of authority over voter qualifications. CBS News and Bloomberg Law described the decision as limited to Cox’s case.
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What was Chelsea Cox accused of?
Cox was charged in October 2025 with a federal misdemeanor under 18 U.S.C. § 611 over an alleged vote in a 2020 election, according to Reuters, republished by Investing.com. The reported charge and allegation should not be treated as proof that she committed the conduct; the federal case was dismissed.
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Does the decision mean noncitizens can vote?
No. The ruling resolved Cox’s federal prosecution and is not a nationwide appellate judgment changing election rules. It does not establish a general right for noncitizens to vote. Coverage reported that Florida authorities could still pursue a prosecution under state law; that possibility is separate from the federal case dismissed by Leibowitz. Bloomberg Law
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Is the government appealing?
CBS News reported that the Justice Department moved to appeal shortly after the ruling. The appellate docket and any later action were not established in that report, so the appeal’s present status should not be assumed without checking the court docket. CBS News
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the ruling does—and does not—settle
- It settles: the federal prosecution of Cox before Judge Leibowitz was dismissed, with the statute held unconstitutional as applied to her.
- It does not settle: the law’s constitutionality in every setting, state-law consequences, or the outcome of any appeal.
The constitutional conclusion reported here is the district judge’s reasoning, not an appellate court’s settled nationwide rule. The coverage available describes a case-specific decision; it does not establish a broader change in voting eligibility.
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