Donald Trump was found guilty on all counts in his New York criminal hush money trial, becoming the first former U.S. president convicted of a crime. This raises the question: can a convicted felon run for office?
The U.S. Constitution does not prohibit individuals with criminal records from running for president. The Constitution does not prohibit anyone based on indictments or convictions.
Article II, Section 1 of the US Constitution sets eligibility criteria for the presidency, including being a natural-born citizen, at least 35 years old, and a resident of the US for 14 years. A criminal conviction doesn’t explicitly disqualify someone.
Article II, Section 1, Clause 5:
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”
Though the US laws do not directly address presidential eligibility as regards to a convicted person, it raises questions about Trump’s ability to participate in the electoral process. 52 USC § 10307(c) states that a person convicted of a felony (like Trump’s conviction for falsifying business records) cannot vote in federal elections unless their voting rights are restored.
False information in registering or voting; penalties:
“Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both:
“Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.”
Judge Juan Merchan scheduled Trump’s sentencing for July 11. Each state has its laws and procedures for ballot access. Some states might bar a convicted felon from appearing on the ballot or holding public office.
Experts say states are unlikely to succeed in passing additional eligibility requirements for a candidate to get on the presidential ballot.
The high court did not want a “state-by-state patchwork” of rules for Trump’s eligibility. The variety of state laws on voting rights for convicted felons could impact Trump’s ability to cast a vote for himself, but not in this case.
Florida, where Trump is registered to vote, gives felons the right to vote if the state where they were convicted allows it.
New York only removes a felon’s right to vote while they are imprisoned, and as Trump may not receive jail time at all, let alone before the election, he will likely remain eligible.
The U.S. Supreme Court already rejected an effort from several states to bar Trump from the ballot based on the 14th Amendment, which prevents anyone who has engaged in insurrection after swearing to uphold the Constitution (by being sworn into office, for example), from holding office again.
Opponents could file lawsuits or raise objections to Trump’s candidacy, citing his conviction and potential violation of federal and state laws.
The Republican National Committee and state parties might reconsider their support for Trump or take steps to prevent him from seeking the presidency.