Eleanor Finch
There is no federal law prohibiting presidential candidates from voting for themselves. However, in the case of former President Donald Trump, his ability to vote in the 2024 presidential election is in question due to his conviction on 34 felony counts of falsifying business records. Trump's ability to vote will depend on his sentence, as Florida, where he established residency, defers to other states' disenfranchisement laws for residents convicted of out-of-state felonies. New York, where Trump was convicted, only removes voting rights for incarcerated individuals, so if Trump avoids prison, he can vote in Florida.
| Characteristics | Values |
|---|---|
| Can a presidential candidate vote for themselves? | Yes, unless they are convicted of a felony and are incarcerated. |
| Can Donald Trump vote for himself in the 2024 election? | Yes, as long as he stays out of prison, despite being convicted of 34 felony counts. |
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What You'll Learn
Donald Trump's ability to vote for himself in the 2024 election
There has been much discussion on whether former President Donald Trump will be able to vote for himself in the 2024 election, given his conviction on 34 felony counts of falsifying business records in a scheme to illegally influence the 2016 election. Trump's ability to vote in the 2024 election depends on his sentence.
Trump established residency in Florida while he was president in 2019. Florida defers to other states' disenfranchisement laws when it comes to residents convicted of out-of-state felonies. In Trump's case, New York law states that people convicted of felonies are not allowed to vote only when they are incarcerated. Once out of prison, their rights are automatically restored, even if they are on parole, per a 2021 law passed by the state's Democratic legislature.
Therefore, as long as Trump is not incarcerated in New York, he can vote for himself in Florida in the 2024 election. His conviction and even imprisonment would not bar him from continuing his pursuit of the White House. This is because there is no mechanism to prevent a candidate from voting for themselves in a secret ballot, apart from stripping them of their voting rights.
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Voting rights of convicted felons in New York
As for the question of whether a presidential candidate can vote for themselves, there is no straightforward answer. While there is no mechanism to prevent a candidate from voting for themselves, it is illegal in many states to take a picture of oneself voting. Candidates generally make a big show of voting and take pictures of themselves doing so.
Now, regarding the voting rights of convicted felons in New York, the state's law restores the right to vote for a person convicted of a felony upon release from incarceration, regardless of whether they are on parole or have a term of post-release supervision. This means that if a convicted felon is not incarcerated, they are eligible to register and vote in New York.
In May 2021, Governor Cuomo signed legislation to automatically restore the right of people on parole to vote in all elections. This legislation established that if an individual is living in the community, they can vote. If they were previously registered to vote and were sentenced to prison, they will need to re-register to vote once they have served their maximum sentence or are released on parole.
It is important to note that New Yorkers who are currently incarcerated for a felony conviction are ineligible to vote. However, misdemeanor convictions do not impact their right to vote, and they may still register and vote while in jail for a misdemeanor or while awaiting trial.
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Mechanisms to prevent candidates from voting for themselves
Since elections are secret, there is technically no mechanism to prevent a presidential candidate from voting for themselves. However, certain circumstances may prevent a candidate from voting, such as being stripped of their voting rights or not making the ballot in their home state.
For example, in the case of former President Donald Trump, his ability to vote in the 2024 election was questioned due to his conviction on 34 felony counts of falsifying business records. Trump's residency in Florida, which defers to other states' disenfranchisement laws, meant that his voting eligibility depended on his sentence. New York law, where Trump was convicted, only removes the right to vote for incarcerated individuals, allowing Trump to retain his voting rights if he stays out of prison.
In another scenario, a candidate who fails to make the ballot in their home state may face obstacles in voting for themselves. While they could potentially write in their name, this option may not be available or feasible in all states or situations.
Additionally, some states have laws prohibiting individuals from taking pictures of themselves while actually voting, which could indirectly deter candidates from publicly displaying their act of voting for themselves.
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Candidates who don't vote for themselves
Presidential candidates can vote for themselves in the US election. Since elections are secret, there is no mechanism to prevent this, except by stripping the candidate of their voting rights. However, if they are not on the ballot in their home state, they may not be able to vote for themselves unless they write in their own name.
There is an expectation that candidates will vote for themselves. However, there was a case a few years ago where an Iowa man running unopposed for a local school board received no votes because he didn't vote for himself, nor did anyone else in town.
In the case of former President Donald Trump, it was unclear whether he would be able to vote for himself in the 2024 election due to his felony convictions. Trump established residency in Florida in 2019, and Florida defers to other states' disenfranchisement laws when it comes to residents convicted of out-of-state felonies. New York, where Trump was convicted, only removes the right to vote for people convicted of felonies when they are incarcerated. Once out of prison, their rights are automatically restored, even if they are on parole. Therefore, as long as Trump does not go to prison, he can vote for himself in Florida in the 2024 election.
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Legality of taking pictures while voting
Presidential candidates can vote for themselves in a US election. However, it is illegal in many states to take a picture of oneself while voting.
In 2014, New Hampshire ruled that voters were banned from taking selfies with their ballot papers. This led to a court case in which it was argued that the ban violated the right to free speech. Opponents of the ban sued the state, and the US District Court in New Hampshire ruled the law unconstitutional in 2015. However, the state appealed, and three federal appeals court judges showed skepticism about how the ban did not violate the US right to free speech. As of 2016, voters could legally snap a ballot selfie in only nine out of 50 states.
In the case of former President Donald Trump, his ability to vote in the 2024 election will depend on his sentence. Trump was convicted of 34 felony counts of falsifying business records in a scheme to illegally influence the 2016 election through a hush money payment. As a Florida resident, he will be able to vote in the election if he stays out of prison in New York, as Florida defers to other states' disenfranchisement rules for residents convicted of out-of-state felonies. New York law only removes the right to vote for people convicted of felonies when they are incarcerated—once they are out of prison, their rights are automatically restored, even if they are on parole.
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Frequently asked questions
Yes, a presidential candidate can vote for themselves. However, if they are convicted of a felony, they may lose their voting rights.
Trump's ability to vote in the 2024 election depends on his sentence. If he stays out of prison, he can vote in Florida, where he is a resident.
Trump was convicted of 34 felony counts of falsifying business records in a scheme to illegally influence the 2016 election through a hush money payment to a porn actor.
The expectation is that candidates will vote for themselves. In many states, a person must be a registered voter to appear on a ballot.
Yes, they can write in their own name. Ideally, they would take pictures of themselves about to vote or after having voted, as it is illegal in many states to take pictures while voting.
