Biden Judge Says Federal Law Against Noncitizens Voting is Unconstitutional

3,000 Views | 38 Replies | Last: 5 hrs ago by Funky Winkerbean
Rapier108
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Quote:

Oct 1 (Reuters) - 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.

https://www.reuters.com/world/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional-2026-10-01/

The problem is numerous states will not prosecute noncitizens for voting in elections because the Democrats fully support it since they believe in in any cost, legal or not.

If the person had voted in only a local election, then I would agree it is not a federal issue, and should be up to the state to prosecute. Since this person voted in the 2020 election, and that was a federal election, and the DOJ should be able to prosecute to the fullest extent of the law.

Leave it to a judge appointed by the auto pen to come up with another dumbass ruling, which of course will now be used by every leftist judge to toss any case involving illegal voting.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
AgResearch
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AG
Treason
oldord
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Do red states have to honor elections in which non-citizens voted in federal elections in other states?
Ag87H2O
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Far too may judges, especially ones appointed by Democrats, don't have a lick of common sense, and they certainly don't care about the Constitution.
BigRobSA
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Rapier108 said:

If the person had voted in only a local election, then I would agree it is not a federal issue, and should be up to the state to prosecute. Since this person voted in the 2020 election, and that was a federal election, and the DOJ should be able to prosecute to the fullest extent of the law.

This is where I'm at with this.

This judge is incorrect.
YouBet
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AG
Sounds like we have another legislative, leftist judge wanting to destroy our country.

Quote:

Federal law makes it a crime for non-citizens to vote in elections that include federal offices. One key statute is 18 U.S.C. 611, which prohibits voting by non-citizens in elections "held solely or in part" for federal candidates, with a narrow exception that turns on state or local authorization and the voter's reasonable belief about eligibility in certain limited circumstances.
Ellis Wyatt
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Is this an effort to sneak this in before the midterms?

**** this piece of *****
aggie-man999
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Stupidest thing I have seen this week and I watched the Astros the last 2 days
one safe place
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When a judge takes a position as to something being unconstitutional, there should be a rule that if his finding is later overturned, in other words he was wrong about the constitutionality of something, he should have to step down, lose his law license, forfeit all his accrued benefits, lose his health insurance, and forfeit his retirement account. They would be more careful and less political if that was the situation.
TAMU1990
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one safe place said:

When a judge takes a position as to something being unconstitutional, there should be a rule that if his finding is later overturned, in other words he was wrong about the constitutionality of something, he should have to step down, lose his law license, forfeit all his accrued benefits, lose his health insurance, and forfeit his retirement account. They would be more careful and less political if that was the situation.

Or if they let a criminal walk and that person kills someone, they would face legal consequences. That would include the victim's family suing the judge for damages.
Aggie4Life02
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Impeachment proceedings immediately
FTAG 2000
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Ag87H2O said:

Far too may judges, especially ones appointed by Democrats, don't have a lick of common sense, and they certainly don't care about the Constitution.


It's not about common sense.

They are Marxists in robes. And do whatever their puppet master Obama says.
Queso1
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I'm a state's rights person, but if a state allows illegals to vote, it should lose its electoral college delegates.
TXAggie2011
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one safe place said:

When a judge takes a position as to something being unconstitutional, there should be a rule that if his finding is later overturned, in other words he was wrong about the constitutionality of something, he should have to step down, lose his law license, forfeit all his accrued benefits, lose his health insurance, and forfeit his retirement account. They would be more careful and less political if that was the situation.


So basically you want every judge, everywhere, to rule that everything is Constitutional?
BusterAg
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Article I, Section 4, Clause 1
Quote:

"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."

It's in plain f-ing English.

My take is that SCOTUS is going to tell this judge to pound sand.

It's one thing for POTUS to issue an EO about elections, and for a judge to challenge that, but it takes someone that clearly lacks basic reading comprehension skills to believe that Congress doesn't have the Constitutional authority to write laws to alter the Regulations of holding Elections for Senators and Representatives.
nortex97
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It won't get to scotus. His adult supervisors will end this with a harshness.
BusterAg
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nortex97 said:

It won't get to scotus. His adult supervisors will end this with a harshness.

Let's hope so.
Kansas Kid
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one safe place said:

When a judge takes a position as to something being unconstitutional, there should be a rule that if his finding is later overturned, in other words he was wrong about the constitutionality of something, he should have to step down, lose his law license, forfeit all his accrued benefits, lose his health insurance, and forfeit his retirement account. They would be more careful and less political if that was the situation.

This would get a lot of turnover in the Supreme Court because essentially every time one of them is in the minority, your proposed action would kick in. It would be one way to quickly get rid of the "wise" latina and KBJ.
ts5641
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Rapier108 said:

Quote:

Oct 1 (Reuters) - 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.

https://www.reuters.com/world/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional-2026-10-01/

The problem is numerous states will not prosecute noncitizens for voting in elections because the Democrats fully support it since they believe in in any cost, legal or not.

If the person had voted in only a local election, then I would agree it is not a federal issue, and should be up to the state to prosecute. Since this person voted in the 2020 election, and that was a federal election, and the DOJ should be able to prosecute to the fullest extent of the law.

Leave it to a judge appointed by the auto pen to come up with another dumbass ruling, which of course will now be used by every leftist judge to toss any case involving illegal voting.

These left wing judges have showed conservatives the way forward once again when the dems are in power. Just block everything they try to do.
Im Gipper
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The issue here is that there is a 2013 Supreme Court case that says nothing in the Constitution "lends itself to the view that voting qualifications in federal elections are to be set by Congress" and Congress may only "regulate how federal elections are held, but not who may vote in them."


So this Lib didn't just pull it out of his rear orifice.


Another "WTF" from this story is "how is this only a misdemeanor?"

I'm Gipper
Fightin_Aggie
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Federal Judege is a politically bought off moron

News at 11
The world needs mean tweets

My Pronouns Ultra and MAGA

Trump 2024
Maroon Dawn
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If illegals get to vote then we don't have a country and it's all over
ThunderCougarFalconBird
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I have a suspicion that the 11th Cir. will make short work of this nonsense.
Watermelon Man
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ThunderCougarFalconBird said:

I have a suspicion that the 11th Cir. will make short work of this nonsense.

I suspect you are right, but the other way.

The OP is very misleading.

It was not ruled that the law against non-citizens voting (in federal elections) is unconstitutional. That is a federal law and it applies to the States. If a State allows a non-citizen to vote, the legal action is then between the Federal gov't and the State involved.

Since it is up to the States to ensure non-citizens do not vote in federal elections, not the Feds, the Feds cannot use voting as a witch-hunt to run down anyone Trump doesn't like.

I would be surprised if any court could could find a way for the Feds position that did not take the power to control their own elections away from the states.

I realize that the intent of unleashing the power of the entire US Federal Government on a solitary non-citizen is to help concentrate more power in Washington DC, but you guys do realize the ones doing this don't care if the President is R or D, don't you?

Once they get this power, what do you think is going to happen once we get another President?
96AgGrad
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oldord said:

Do red states have to honor elections in which non-citizens voted in federal elections in other states?

Yes, until they collectively decide they don't. Same thing with court packing, adding leftist states, etc. There will be a tipping point in which gains from stolen power will be ignored.
doubledog
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Biden Judge : Why have citizen voters, why not just have "people" who vote for Democrats only.
FTAG 2000
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This is a set up for Elias and Eisen, with Schumer backing them, to flood the zone with illegals voting and then litigating their way to a blue win in November with assistance from Roberts.

Im Gipper
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FTAG 2000 said:

This is a set up for Elias and Eisen, with Schumer backing them, to flood the zone with illegals voting and then litigating their way to a blue win in November with assistance from Roberts.




Can we wager on the "no" side of this on Polymarket?

I'm Gipper
HTownAg98
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Im Gipper said:

The issue here is that there is a 2013 Supreme Court case that says nothing in the Constitution "lends itself to the view that voting qualifications in federal elections are to be set by Congress" and Congress may only "regulate how federal elections are held, but not who may vote in them."


So this Lib didn't just pull it out of his rear orifice.


Another "WTF" from this story is "how is this only a misdemeanor?"


Shipwrecked and Paul Clement aren't known for being libs. Maybe the law really is unconstitutional.
HTownAg98
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BusterAg said:

Article I, Section 4, Clause 1
Quote:

"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."

It's in plain f-ing English.

My take is that SCOTUS is going to tell this judge to pound sand.

It's one thing for POTUS to issue an EO about elections, and for a judge to challenge that, but it takes someone that clearly lacks basic reading comprehension skills to believe that Congress doesn't have the Constitutional authority to write laws to alter the Regulations of holding Elections for Senators and Representatives.

Hank the Grifter
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Just another example of the left's modus operandi.

Notice they've gone from "Illegals aren't voting in our elections!!" to "You can't prosecute
Illegals for voting in our elections!!".

Never, ever believe a word they say. Never, ever give them an inch. They hate America and will do anything and everything to destroy it.
Boogie2988Ag
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HA! I was told by a poster on another thread that the right didn't care about the Constitution. Basically, what I have learned is that the Constitution only matters when the GOP has power.
TRM
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A quick Google search says Florida nor any municipalities in FL allow non-citizens to vote, so there is no local ballot only.
amercer
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TRM said:

A quick Google search says Florida nor any municipalities in FL allow non-citizens to vote, so there is no local ballot only.


So Florida should prosecute. Which the judge ruled was a totally legitimate path
TRM
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But that the ballot she had access to would have been a ballot that included federal races.
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