DOJ appeals Miami judge’s dismissal of 2020 noncitizen-voting case
ELECTION INTEGRITY

DOJ appeals Miami judge’s dismissal of 2020 noncitizen-voting case

Oct 3, 2026Updated 6:51pm ET

A federal judge in Miami dismissed a noncitizen-voting charge against Chelsea Cox and ruled that the federal law used to prosecute her for voting in the 2020 presidential election is unconstitutional as applied, a decision the Justice Department is appealing.

A federal judge in Miami dismissed a noncitizen-voting charge against Chelsea Cox and ruled that the federal law used to prosecute her for voting in the 2020 presidential election is unconstitutional as applied, a decision the Justice Department is appealing.

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What This is

  • A federal judge in Miami dismissed a misdemeanor charge against Chelsea Cox, a Jamaican national accused of voting in the 2020 presidential election.
  • The judge ruled that 18 U.S.C. §611, which criminalizes noncitizen voting in federal elections, is unconstitutional as applied in Cox’s case.
  • The ruling applies only to Cox’s case and does not bind other courts.
  • The Justice Department appealed the dismissal.
  • About 45 similar cases remain pending nationwide, including at least four involving the same constitutional challenge.
  • The ruling did not affect a separate federal law barring false claims of citizenship made to vote.

Why This Matters

  • It could reshape the boundary between state authority to set voter qualifications and federal power to enforce election laws.
  • If upheld on appeal, it may limit federal noncitizen-voting prosecutions and shift more enforcement to the states.
  • Conflicting lower-court rulings could produce uneven enforcement until an appellate court establishes a binding rule.
  • The outcome could influence how Congress drafts future federal election laws without intruding on state authority over voter qualifications.

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