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A federal judge appointed by President Biden dismissed an illegal-voting charge against Chelsea Cox, a Jamaican woman accused of overstaying her visa and using a fraudulent birth certificate to obtain a Florida driver's license and register to vote. The judge ruled that Congress lacked authority to impose the citizenship requirement underlying the prosecution. Cox may still face state action or deportation.
A Biden-appointed judge dismisses an illegal voting charge against a Jamaican woman accused of overstaying her visa and using fraudulent documents. A Biden-appointed federal judge has thrown out an illegal-voting charge against a Jamaican woman accused of overstaying her visa, obtaining identification with a fraudulent birth certificate, andthe case against Chelsea Cox on Thursday, finding that Congress lacked authority to impose the citizenship requirement behind her prosecution.
The 1996 law prohibits noncitizens from voting in federal elections. It had been on the books for 30 years.a Florida driver’s license using a fraudulent birth certificate from the U.S. Virgin Islands, then registered in 2012. She had arrived from Jamaica on a tourist visa in 1999. That visa expired in 2000.
By 2012, according to the government’s account, she had been here illegally for roughly a dozen years. Somehow, the paperwork she needed for voting came together before the permission to stay did. Her voting record runs from 2012 through 2020. Prosecutors could charge her only for the 2020 election because the deadline for prosecuting the earlier votes had passed.who gets to vote?
His answer was no. States generally set those qualifications, he reasoned, even for federal elections. Congress’s authority over election procedures did not get prosecutors past that objection. Florida already requires voters to be citizens, as does every other state. Cox’s alleged conduct therefore runs afoul of the requirement either way.
What she gained here was the dismissal of her federal charge.
“Can the State of Florida prohibit and punish the exact conduct Defendant Cox allegedly engaged in here? This has already been decided elsewhere and is not addressed here: Florida can and does. ” Other judges do not have to follow Leibowitz. Florida can still enforce its law, and Cox could still face deportation.
Her attorney wants the government to leave her alone. For now, the federal voting prosecution hasacross the country, with at least four defendants already contesting the statute’s constitutionality. They now have an opinion to point to. “This insane ruling will certainly be overturned.
But it gives the game away: Democrats pretend we don’t need the SAVE Act because non-citizen voting is already illegal… while activist judges try to destroy laws banning non-citizens from voting! ”that Congress could write a federal prohibition tied to violations of state voter qualifications. He saw little constitutional difficulty with that version. Same ballot, same citizenship requirement, but Congress would need to come back with another statute.
Judicial activism need not announce a new right to vote. Knocking out the federal penalty will do plenty. American citizenship should carry more weight at the ballot box than a fraudulent birth certificate. Way past time for some judicial impeachments.
This is beyond just gross incompetence. It’s radical democrat politics corrupting the law. This judge has no place on the federal bench.
Good point judge demento, we better amend the constitution right away and add something like this: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. You misunderstand.
The “Judge” never took the same ninth grade civics course so many of us did so he is ignorant of the Constitution.
Illegal Voting Election Law Citizenship Requirement Chelsea Cox Immigration
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