Judge says federal law banning noncitizen voting is unconstitutional
October 2, 2026 / 7:05 PM EDT / CBS News
TL;DR
- A federal judge has ruled that the law prohibiting noncitizens from voting in federal elections is unconstitutional.
- The ruling dismissed a federal case against Chelsea Cox, who was accused of illegally voting.
- Judge David S. Leibowitz stated that Congress lacks the constitutional authority to enact such a statute, asserting that only states can determine voter qualifications.
- The Justice Department intends to appeal the decision, which could affect its efforts to prosecute noncitizens for voting.
- Legal analysis from Paul Clement supported the argument that Congress may have exceeded its constitutional bounds with this law.