Activist Judge Belies the Left’s Non-Citizen Voting Narrative

A recent ruling by Judge David Leibowitz, a Biden-appointed federal judge in Florida, challenges existing laws on voting rights for non-citizens. He dismissed charges against a Jamaican woman who voted in the 2020 presidential election without being a citizen, stating that federal law prohibiting such actions is unconstitutional.

1. Judicial Ruling: Judge Leibowitz's ruling argued that the Constitution grants states the exclusive authority to set voting qualifications for elections. He dismissed the federal charges against Chelsea Cox, affirming that Congress does not have the power to prohibit non-citizens from voting.

2. Constitutional Interpretation: In his 31-page opinion, Judge Leibowitz cited Article I, Section 4 of the Constitution. He interpreted it to mean that while states can define election laws, Congress retains the power to alter these regulations. This interpretation leads him to declare the federal law against non-citizen voting unconstitutional, focusing on state authority.

3. Legal Background: The ruling contradicts 18 U.S.C. § 611, which makes it illegal for non-citizens to vote in elections for federal offices. Exceptions to this law apply only under specific conditions. Another law, 8 U.S.C. § 1227(a)(6), classifies non-citizen voting against the law as a deportable offense.

4. Current Voting Landscape: While some local jurisdictions have allowed non-citizen voting for local elections, no state has officially passed laws permitting non-citizen voting in federal elections. Many states have actively legislated against it, reinforcing the existing prohibition.

5. Political and Social Reactions: The ruling has spurred heated debate, particularly among conservatives who label Judge Leibowitz an activist judge. Critics argue this decision reflects a changing narrative from the left about voter fraud and non-citizen voting, pointing to prior claims of no evidence of widespread voter fraud during the 2020 election.

Judge Leibowitz's ruling on non-citizen voting questions the longstanding interpretation of voting laws and the Constitution. It raises significant discussions on the powers assigned to state versus federal jurisdictions in elections. The implications of this ruling will likely continue to fuel debates regarding voting rights, election integrity, and legal interpretations of the Constitution.

https://www.libertynation.com/activist-judge-belies-the-left-s-non-citizen-voting-narrative/