W.D. Wisconsin Magistrate Judge Boor Dismisses a Section 611 Noncitizen-Voting Charge, Applying a Same-Day Ruling That the Statute Is Unconstitutional as Applied

Magistrate Judge Anita Marie Boor granted a defendant’s motion to dismiss an information charging one count of voting unlawfully in a presidential election as a noncitizen in violation of 18 U.S.C. § 611(a), in an order entered November 6, 2026 (3:25-mj-00148). The court said it had addressed and accepted the argument that the statute was unconstitutional as applied to the defendant in a second case, and because this defendant is also alleged to have voted unlawfully in the State of Wisconsin, it granted dismissal for the reasons stated in its November 6, 2026, order in that case (Case No. 26-mj-4-amb, Dkt. 45). The motion was GRANTED and the information DISMISSED.

The government may appeal this ruling to a district court judge under Federal Rule of Criminal Procedure 58(g)(2)(A).