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Miami judge rules federal noncitizen voting law unconstitutional
U.S. District Judge David Leibowitz in Miami dismissed federal charges against a woman accused of voting illegally in the 2020 election, ruling in a 31-page order that Congress lacked the power to pass the federal law making it a crime for noncitizens to vote in federal elections. He wrote that the Constitution leaves voter qualifications to the states; Florida's own ban on noncitizen voting is unaffected. The ruling applies to this case and does not bind other judges.
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How each side sees it
The judge says"Congress does not have the constitutional power to enact this statute"; only states can set voter qualifications, and Florida already bars noncitizens from voting.
The Justice Department and critics sayJustice Department lawyers argued "the United States has the right to exclude non-citizens from voting in federal elections." Hans von Spakovsky of Advancing American Freedom called the decision "patently wrong."
Sources
- CBS News: Judge says federal law banning noncitizen voting is unconstitutional
- Al Jazeera: Miami judge rules federal noncitizen voting law violates US Constitution
- The National Desk via KATV: Judge rules federal law banning noncitizen voting is unconstitutional
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