Judge says federal law banning noncitizen voting is unconstitutional

October 2, 2026 / 7:05 PM EDT / CBS News

Judge says federal law banning noncitizen voting is unconstitutional

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.