According to AI, the Constitution explicitly prohibits non-citizens from voting in federal elections, as it designates voting rights to citizens only. While states manage their own election processes, federal laws reinforce this restriction, ensuring that non-citizens cannot participate in elections for federal offices. AI further notes that 18 U.S. Code \u00a7 611 prohibits non-citizens from voting in federal elections. You would think a judge would know that.<\/p>\n
On Friday, Breitbart<\/a> posted an article about a judge in Florida who claims a federal ban on noncitizens voting is unconstitutional. What constitution is he reading?<\/p>\n The article reports:<\/p>\n U.S. District Judge David Leibowitz, appointed to the bench by Joe Biden in 2024, threw out a case against Chelsea Michelle Ann Cox, who knowingly voted\u00a0despite being a noncitizen in Broward County in 2020.<\/strong><\/p>\n In his 31-page opinion<\/a>, Leibowitz claimed that the U.S. Congress overstepped its role by passing a law prohibiting noncitizens from voting because in his view the Constitution maintains that the states are to determine voter eligibility.<\/strong><\/p>\n Section 2 of the 14th Amendment reaffirms the right of all citizens to vote. Nowhere in any of America’s laws do non-citizens have the right to vote in federal elections. Some localities have given non-citizens the right to vote in local elections, but not in federal elections.<\/p>\n The article concludes:<\/p>\n But Leibowitz claims that the law is a violation of Article I, Article II, and the 17th Amendment of the U.S. Constitution.<\/strong><\/p>\n \u201cWhen you\u2019re prosecuted based on a law that Congress did not have the authority to pass, the prosecution cannot stand,\u201d he wrote in his opinion.<\/strong><\/p>\n Federal prosecutors maintain that congressional powers over immigration gives Congress the right to exclude noncitizens from voting. Prosecutors also maintain that a 1970 Supreme Court case<\/a> validating a law by Congress lowering the voting age to 18 also shows precedent that Congress has the right to affect voting rules in federal elections.<\/strong><\/p>\n Aside from the legal question, is there any country in the world that allows non-citizens to vote in its elections?<\/p>\n","protected":false},"excerpt":{"rendered":" According to AI, the Constitution explicitly prohibits non-citizens from voting in federal elections, as it designates voting rights to citizens only. While states manage their own election processes, federal laws reinforce this restriction, ensuring that non-citizens cannot participate in elections … Continue reading