--- title: "Judge David S. Leibowitz rules federal non‑citizen voting ban unconstitutional in case of Jamaican national Chelsea Cox" publication: "MediaBias News" url: "https://mediabias.news/politics/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in" api: "https://mediabias.news/api/v1/stories/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in" markdown: "https://mediabias.news/politics/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in.md" audio: "https://mediabias.news/api/audio/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in" category: "Politics" area: "United States" published: "2026-10-03T03:05:14.542Z" source_reported: "2026-10-03T02:36:58.000Z" updated: "2026-10-03T03:05:14.542Z" trust_score: 86 critic_score: 95 hype_score: 30 assessment_type: "coverage-and-source-reporting-analysis" fact_check_status: "not-performed" coverage_measured: "2026-10-03T04:15:18.789246+00:00" --- # Judge David S. Leibowitz rules federal non‑citizen voting ban unconstitutional in case of Jamaican national Chelsea Cox *The Miami‑based judge says only states can set voter qualifications and the Justice Department will appeal the decision* **Scores for the source reporting** (0-100, assessing the original journalism this article was written from, not this write-up): - Trust 86 of 100, higher is better. Trust 86: multiple named sources, statute cited, independent outlets, specific figures, date and location provided. - Craft 95 of 100, higher is better. Critic 95: explains significance, quotes attorney, separates facts, gives specific data, notes appeal. - Hype 30 of 100, lower is better. Hype 30: language measured; headlines slightly sensational but body matches content. Scored by MediaBias News; method at https://mediabias.news/methodology. **The short version** - Judge David S. Leibowitz ruled the federal statute that criminalises non‑citizen voting unconstitutional. - The decision applies only to the case of Jamaican national Chelsea Cox, charged with voting in the 2020 election. - The Justice Department said it will appeal the ruling. - The judge said the Constitution reserves voter‑qualification power to the states, not Congress. U.S. District Judge David S. Leibowitz, a Biden‑appointed judge in Miami, issued a 31‑page order dismissing the federal criminal case against Chelsea Cox, a Jamaican national who was charged in October 2025 with illegally voting in the 2020 presidential election. The judge held that the decades‑old federal statute 18 U.S.C. § 611, which makes it a misdemeanor for a non‑citizen to vote in a federal election, exceeds Congress’s constitutional authority because the Constitution limits voter‑qualification power to the states. Leibowitz wrote that only states may set the qualifications for voters in federal elections and that every state already requires U.S. citizenship to vote. He therefore concluded that the federal law is unconstitutional. The ruling is limited to Cox’s case and does not create binding precedent for other pending challenges. Shortly after the order, a Justice Department spokesperson confirmed that the department will appeal the decision. No other federal defendants were affected by the ruling. > The Constitution does not authorize Congress to legislate voter qualifications for federal elections. > > — Judge David S. Leibowitz, U.S. District Judge ## What the coverage left out None of the right‑rated digests mention the Justice Department’s announced appeal of Judge Leibowitz’s decision. ## Who covered it Shares of the 27 covering outlets with a published leaning rating: - Left: 15% (4) - Centre: 33% (9) - Right: 52% (14) 2 of 29 covering outlets carried no usable leaning rating and were excluded from those percentages. Coverage measured 2026-10-03T04:15:18.789246+00:00. **Coverage watch:** developing. Checked 7 times; 0 checks found a material change. Most recently checked 2026-10-03T04:45:13.409Z. ## How the sides framed it ### Left - All four left‑rated outlets highlighted the political context of the case. Al Jazeera’s full report noted that the ruling dealt a setback to President Donald Trump’s administration, which has been pursuing alleged election‑fraud cases. The outlet also mentioned Trump’s false claims that non‑citizen voting cost him the 2020 election and cited Reuters data that most of the 129 people charged since 2021 were lawful permanent residents who voted by mistake. Election Law Blog’s digest echoed the Reuters summary, stressing the blow to the Trump administration’s campaign against alleged fraud. NBC News’s digest quoted the judge’s language that the Constitution does not give Congress authority over voter qualifications. GV Wire’s brief digest described the ruling as historic and framed it as a victory for voting‑rights advocates. ### Centre - The nine centre‑rated outlets focused on the legal reasoning and procedural outcome. CBS News’s full report provided the most detail, quoting Leibowitz’s statement that the statute “oversteps constitutional bounds” and noting his request for a conservative amicus brief. Jerusalem Post’s digest reiterated that only states can set voter qualifications. Investing.com, Lufkin News, Mighty 790 KFGO, WHBL, WTVB, Market Screener and Reuters all reproduced the Reuters‑style summary that a U.S. judge dismissed the case, found the law unconstitutional, and that the decision delivers a blow to the Trump administration’s election‑fraud push. None of the centre digests added commentary beyond the basic facts of the ruling and the pending appeal. ### Right - The thirteen right‑rated digests framed the decision as a limitation on federal power. Breitbart, Hot Air, Liberty Daily, WND, New York Post, Daily Signal, PJ Media, Gateway Pundit, yourNEWS, Epoch Times, regionalmedianews and Washington Times all reported that the judge said Congress cannot ban non‑citizens from voting and that the ruling struck down the federal ban. Several outlets used language such as “commies in the court” or “Biden‑appointed judge” to underscore partisan overtones. None of the right‑rated digests mentioned the Justice Department’s intention to appeal the ruling. **Provisional coverage gap:** left. The watch is not closed, so this is not yet a settled blindspot finding. ## Factuality profile of the covering outlets These are published factuality ratings of the outlets, not a verdict on whether this story or its claims are true. - veryLow: 2 - low: 4 - mixed: 6 - high: 11 - unknown: 2 - veryHigh: 4 ## Verification scope This page compares coverage and scores the source reporting. It is not a ClaimReview verdict on whether the underlying event or claim is true. ## Original reporting this was written from - [news-pravda.com](https://news-pravda.com/usa/2026/10/03/2637506.html) — BREAKING: David Seymour Leibowitz, a Biden-appointed judge in Florida, just ruled that laws criminalizing non-citizen voting in U.S. elections are unconstitutional - [CBS News](https://cbsnews.com/news/judge-federal-law-banning-noncitizen-voting-unconstitutional) — Judge says federal law banning noncitizen voting is unconstitutional - [Breitbart](https://breitbart.com/immigration/2026/10/02/biden-judge-claims-congress-cant-stop-noncitizens-from-voting) — Biden Judge Claims Congress Can’t Stop Noncitizens from Voting - [Hot Air](https://hotair.com/tree-hugging-sister/2026/10/02/judge-says-the-law-criminalizing-non-citizen-voting-is-unconstitutional-n3819584) — Judge Says the Law 'Criminalizing Non-Citizen Voting' Is Unconstitutional - [🔔 The Liberty Daily](https://thelibertydaily.com/biden-judge-calls-it-constitutional-bedrock-oppose-federal) — Biden Judge Calls It "Constitutional Bedrock" to Oppose Federal Ban on Noncitizen Voting - [WND](https://wnd.com/2026/10/no-power-judge-claims-its-unconstitutional-congress-ban) — ‘No power’: Judge claims it’s unconstitutional for Congress to ban noncitizens from voting * WorldNetDaily * by Fred Lucas, The Daily Signal - [New York Post](https://nypost.com/2026/10/02/us-news/judge-says-law-criminalizing-noncitizen-voting-is-unconstitutional-in-blow-to-trump) — US judge rules law criminalizing noncitizen voting is unconstitutional in blow to Trump - [The Daily Signal](https://dailysignal.com/2026/10/02/biden-judge-ban-noncitizen-voting) — Biden Judge Calls It ‘Constitutional Bedrock’ to Oppose Federal Ban on Noncitizen Voting - [PJ Media](https://pjmedia.com/david-manney/2026/10/02/one-judge-just-put-the-federal-noncitizen-voting-crackdown-in-jeopardy-n4957887) — One Judge Just Put the Federal Noncitizen Voting Crackdown in Jeopardy - [electionlawblog.org](https://electionlawblog.org/2026/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — “US judge finds law criminalizing noncitizen voting unconstitutional” #ELB - [Politics, Policy, Political News](https://politicom.com.au/commies-in-the-court-biden-judge-rules-law-that-makes-it-illegal-for-noncitizens-to-vote-is-unconstitutional) — COMMIES IN THE COURT: Biden Judge Rules Law That Makes It Illegal for NONCITIZENS to Vote Is UNCONSTITUTIONAL! - Politics, Policy, Political Views - [The Gateway Pundit](https://thegatewaypundit.com/2026/10/commies-court-biden-judge-says-law-that-makes) — COMMIES IN THE COURT: Biden Judge Rules Law That Makes It Illegal for NONCITIZENS to Vote Is UNCONSTITUTIONAL! * The Gateway Pundit * by Jim Hoft - [[your]NEWS](https://yournews.com/2026/10/02/7213890/federal-judge-dismisses-noncitizen-voting-charge-rules-federal-ban-unconstitutional) — Federal Judge Dismisses Noncitizen Voting Charge, Rules Federal Ban Unconstitutional as Applied - [The Epoch Times](https://theepochtimes.com/us/judge-tosses-charge-against-noncitizen-accused-of-voting-in-federal-election-6098351) — Judge Tosses Charge Against Noncitizen Accused of Voting in Federal Election - [Al Jazeera](https://aljazeera.com/news/2026/10/2/miami-judge-rules-federal-noncitizen-voting-law-violates-us-constitution) — Miami judge rules federal noncitizen voting law violates US Constitution - [regionalmedianews.com](https://regionalmedianews.com/news/national/politics/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — US judge finds law criminalizing noncitizen voting unconstitutional - Regional Media News - [The Constitution Study](https://constitutionstudy.com/2026/10/02/judge-tosses-charge-against-noncitizen-accused-of-voting-in-federal-election) — Judge Tosses Charge Against Noncitizen Accused of Voting in Federal Election - [Washington Times](https://washingtontimes.com/news/2026/oct/2/federal-judge-rules-congress-cant-ban-noncitizens-voting) — Federal judge rules Congress can't ban noncitizens from voting - [Jerusalem Post](https://jpost.com/american-politics/article-910385) — US judge finds law criminalizing noncitizen voting unconstitutional - [NBC News](https://nbcnews.com/politics/justice-department/judge-guts-noncitizen-voting-law-used-trump-administrations-election-p-rcna601026) — Judge guts noncitizen voting law used in Trump administration’s election push - [Investing.com](https://investing.com/news/economy-news/us-judge-finds-law-criminalizingnoncitizen-voting-unconstitutional-4928188) — US judge finds law criminalizing noncitizen voting unconstitutional - [The Lufkin News](https://lufkindailynews.com/news_reuters/national/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional/article_e057be99-5c32-5189-be11-8fd450a184fc.html) — Security Check - [The Mighty 790 KFGO](https://kfgo.com/2026/10/01/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — US judge finds law criminalizing noncitizen voting unconstitutional - [WKZO](https://wkzo.com/2026/10/01/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — US judge finds law criminalizing noncitizen voting unconstitutional - [1330 & 101.5 WHBL](https://whbl.com/2026/10/01/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — US judge finds law criminalizing noncitizen voting unconstitutional - [WTVB](https://wtvbam.com/2026/10/01/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — US judge finds law criminalizing noncitizen voting unconstitutional - [GV Wire](https://gvwire.com/2026/10/01/judge-finds-law-criminalizing-noncitizen-voting-unconstitutional) — Judge Finds Law Criminalizing Noncitizen Voting Unconstitutional - [Market Screener](https://marketscreener.com/news/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional-ce785ddadb8df020) — US judge finds law criminalizing noncitizen voting unconstitutional - [Reuters](https://reuters.com/world/us-judge-finds-law-criminalizing-noncitizen-voting-unconstitutional-2026-10-01) — US judge finds law criminalizing noncitizen voting unconstitutional ## Questions **What did Judge Leibowitz rule about the non‑citizen voting law?** Judge David S. Leibowitz dismissed the federal case against Chelsea Cox and declared the statute criminalising non‑citizen voting unconstitutional, stating that only states have the authority to set voter qualifications under the Constitution. **Does the ruling affect other non‑citizen voting cases?** The decision applies only to Cox’s case and does not bind other courts, although it may influence the roughly 45 similar cases pending nationwide. **What is the Justice Department’s response?** A Justice Department spokesperson confirmed that the department will appeal Judge Leibowitz’s ruling, seeking to overturn the finding that the federal law is unconstitutional. **How did different media outlets frame the story?** Left‑rated outlets linked the ruling to President Trump’s election‑fraud narrative, centre‑rated outlets emphasized the legal reasoning and appeal, and right‑rated outlets highlighted the limitation on federal power, often using partisan language. --- MediaBias News — https://mediabias.news. Reproduced from https://mediabias.news/politics/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in. Please cite as: MediaBias News, "Judge David S. Leibowitz rules federal non‑citizen voting ban unconstitutional in case of Jamaican national Chelsea Cox", https://mediabias.news/politics/judge-david-s-leibowitz-rules-federal-noncitizen-voting-ban-unconstitutional-in