Federal judge rules non‑citizen voting ban unconstitutional, says states set voting rules

U.S. District Judge David Leibowitz of the Southern District of Florida dismissed a criminal case against a Jamaican citizen who was accused of voting in multiple elections between 2012 and 2020. The judge held that the federal statute that makes it a crime for a non‑citizen to vote in federal elections exceeds Congress’s constitutional authority because voting qualifications are a matter for the states.

Statute and the charges

Congress enacted 18 U.S.C. § 611 in 1996, creating a federal crime for a non‑U.S. citizen to vote in a federal election. The defendant allegedly overstayed a tourist visa for two decades, used a fraudulent U.S. Virgin Islands birth certificate to obtain a Florida driver’s license, and then registered to vote with that license. Her attorney moved to dismiss, arguing the law was unconstitutional.

Judge’s reasoning and amicus input

Leibowitz noted that the case raised a novel question: whether Congress has the power to bar non‑citizens from voting in federal contests. He appointed former Solicitor General Paul D. Clement as amicus curiae. Clement, together with Chadwick J. Harper, focused on the statute’s “unless” clause, which allows non‑citizen voting in non‑federal elections when state law permits it. They argued that the clause shows Congress overreached by trying to prohibit non‑citizen voting in federal elections even where states allow it.

Practical impact for ordinary people

The ruling does not change any state voting laws. It simply means that federal prosecutors may have a harder time bringing criminal charges against non‑citizens who vote in federal elections, because the underlying statute is now deemed unconstitutional. Anyone currently charged under 18 U.S.C. § 611 should discuss the decision with a criminal‑defense attorney, who can assess whether a motion to dismiss is appropriate. No new filing deadlines or procedural steps were announced in the opinion.

Political backdrop

President Trump has claimed that non‑citizen voting is part of a Democratic conspiracy. A Reuters investigation noted that only 129 people have been charged under the law and none were accused of conspiring to influence an election or receiving payment for votes.

Anyone facing similar charges should consider seeking legal counsel promptly to explore dismissal options based on this ruling.

This article is general information based on JURIST and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 4, 2026.