Malcolm Rivera
The U.S. Constitution does not explicitly prohibit convicted felons from running for office, including the presidency, although some state laws prevent convicted felons from holding public office. The rights most commonly denied to convicted felons include the right to vote, employment rights, domestic rights, and financial and contractual rights. In 2024, former President Donald Trump was found guilty on 34 felony counts, yet he was still eligible to run for president again.
| Characteristics | Values |
|---|---|
| Running for president | The U.S. Constitution does not prohibit a presidential candidate from running for office while under indictment or serving time in prison. |
| Voting rights | Felons can be denied the right to vote. In Florida, felons can vote if they have an out-of-state conviction and are not serving a term of incarceration at the time of the election. |
| Holding public office | Felons are unqualified to seek elected office while imprisoned. In Louisiana, voters approved an amendment to prevent convicted non-pardoned felons from seeking and holding public office for 15 years after completing a sentence, but this was later ruled null and void. |
| Employment rights | Many federal employees will not be hired if they have a felony conviction. |
| Property rights | Felons can be deprived of their property. |
| Liberty | Felons can be deprived of their liberty. |
| Life | Felons can be deprived of their lives. |
| Bearing arms | There are longstanding prohibitions on the possession of firearms by felons. |
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What You'll Learn
Felons can run for president
The U.S. Constitution does not explicitly prohibit a presidential candidate from running for office while under indictment or even while serving time in prison. The Constitution sets out only a few basic requirements for the president: the candidate must be at least 35 years old, be a natural-born citizen of the United States, and have been a resident of the country for at least 14 years.
Therefore, a criminal record does not necessarily prevent an elected candidate from becoming president. It is the voters who have the power to decide. For example, Eugene V. Debs served as the Socialist Party's nominee in 1920 while imprisoned for speaking out against World War I and convicted under the Sedition Act.
While many federal employees would not be hired if they had a felony conviction, the Constitution does not explicitly bar people with criminal records from running for federal office. The sole authority on who can run for federal office rests with the U.S. Constitution, which lays out just three requirements to run for federal office: age, citizenship, and residency. Supreme Court rulings have confirmed that neither states nor Congress has the legal authority to add additional requirements.
In some states, a felony conviction makes a person ineligible to vote, but they can still run for president. For example, in California, people found guilty of certain corruption-related charges must obtain a pardon from the governor before they can run for state or local office. However, this does not apply to federal office.
In the case of former President Donald Trump, he was convicted on 34 felony counts, yet he retained his right to run for president. Trump was found guilty of concealing hush money payments to adult film star Stormy Daniels during his 2016 presidential campaign. Despite this, he did not lose the ability to run for president, although he nearly lost the right to vote.
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Felons' voting rights can be revoked
The right to vote is a fundamental aspect of any democratic society, but it is not always guaranteed for everyone. In the United States, the laws regarding voting rights for people with felony convictions vary from state to state. While the Constitution does not explicitly prohibit a convicted felon from becoming president, it does set certain eligibility requirements for the office. Interestingly, the eligibility requirements for the presidency focus more on age and citizenship than on criminal history. This has led to discussions about whether a convicted felon, such as former President Donald Trump, can legally hold the office.
State laws play a significant role in determining the voting rights of convicted felons. Most states restore the right to vote to citizens after they have completed their sentences, including any parole or probation. However, the specific requirements vary across states, and some states have more restrictive laws. For example, in Florida, where Trump is registered to vote, disenfranchised felons typically need to complete their full sentence, including parole or probation, before regaining their voting rights. On the other hand, New York law permits individuals with felony convictions to vote as long as they are not serving a term of incarceration at the time of the election.
The restoration of voting rights for convicted felons can be a complex and confusing process. Organizations such as the Campaign Legal Center work to ensure that eligible voters have access to the ballot and understand their voting rights. These organizations provide resources and toolkits to help individuals navigate the restoration process and determine their eligibility to vote. However, the ultimate power to restore voting rights rests with state authorities, and each state may have unique requirements and procedures.
While the majority of states restore voting rights after sentence completion, there are still some states that impose additional restrictions. For instance, Alaska statutes currently suspend the civil rights of criminals sentenced to the state penitentiary during their prison and parole terms. Despite these restrictions, convicted criminals in Alaska have successfully challenged these laws and claimed certain rights, such as access to the courts. The interplay between state laws and constitutional rights is a complex issue that continues to evolve through legal challenges and amendments.
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Felons' rights are curtailed in other ways
The rights of convicted felons are often restricted, and while the US Constitution does not explicitly prohibit a convicted felon from running for office, there are some limitations. For example, in Louisiana, a "public officer" who is convicted of a felony shall be removed from office. In addition, voters in the state approved a constitutional amendment in 1998 to prevent convicted non-pardoned felons from seeking and holding public office for 15 years after completing their sentence. However, the Supreme Court ruled this amendment null and void in 2016 because the Legislature's final enrolled version of the act left out a significant provision.
The right to vote is also frequently denied to convicted felons. In Florida, where former President Donald Trump is registered to vote, disenfranchised felons do not regain their right to vote until they have completed their full sentence, including parole or probation. However, under a 2021 New York law, felons are permitted to vote unless they are serving a term of incarceration at the time of the election.
In addition to the right to vote, felons can also be deprived of their property, liberty, and lives. For example, felons are prohibited from possessing firearms, and they may be disqualified from certain employment opportunities, such as federal employment.
While the Constitution sets only a few basic requirements for the president, such as age and residency, the eligibility requirements for other elected offices may vary by state. Some states may have additional requirements for candidates seeking state or local office, which could include a provision barring felons from holding office.
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Felons can be prevented from holding public office
The U.S. Constitution does not explicitly prohibit a convicted felon from running for office, but it does set out certain eligibility requirements for the President. According to the Constitution, a person must be a natural-born citizen of the United States, at least 35 years old, and a resident of the country for at least 14 years to be eligible for the presidency.
However, this does not mean that a convicted felon can hold public office without any restrictions. State statutes and local ordinances can abridge the rights of convicted criminals, including the right to hold public office. For example, Louisiana has a history of corruption, and voters in the state approved a constitutional amendment in 1998 to prevent convicted non-pardoned felons from seeking and holding public office for 15 years after completing their sentence. Unfortunately, the Supreme Court ruled this amendment null and void in 2016 because the final enrolled version of the act left out a significant provision.
In addition to holding public office, felons can also be deprived of other rights, such as the right to vote, property rights, liberty, and their lives. The denial of these rights is due to various constitutional provisions and the interpretation of due process.
While the Constitution does not explicitly prohibit convicted felons from holding public office, it is important to note that the political system should not invite corrupt individuals into positions of leadership and influence. Citizens have expressed their opinions on this matter, and it is an ongoing discussion in the United States.
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Felony convictions impact jury verdicts
The Constitution of the United States does not explicitly prohibit a person with a felony conviction from running for office or serving as president. The eligibility requirements for the US president include being a natural-born citizen, at least 35 years old, and a resident of the country for at least 14 years.
However, the right to vote and hold public office are among the rights often curtailed for convicted felons. In some states, felony convictions can prevent individuals from voting in presidential elections. For example, in Florida, most disenfranchised felons must complete their sentences, including parole or probation, before regaining their voting rights. On the other hand, New York allows individuals with felony convictions to vote unless they are serving a term of incarceration during the election.
State laws that bar individuals with criminal convictions from serving on juries, also known as "felony exclusion laws," contribute to a reduction in jury diversity. These laws vary across states. For instance, in Arizona, exclusion becomes permanent after a second felony conviction, while in Nevada, the duration of exclusion differs for civil and criminal jury service. In Iowa, automatic exclusion ends upon completion of incarceration, but attorneys may request the dismissal of potential jurors based on prior felony convictions.
The exclusion of individuals with felony convictions from jury service can impact jury verdicts. Research suggests that diverse juries are more effective, as they deliberate longer, consider a wider range of information, and are viewed as more legitimate by the public. Additionally, the exclusion of this group can result in a less fair and effective legal system.
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Frequently asked questions
Yes, a convicted felon can run for president in the US. While a felony record can prevent a person from voting in some states, there are only a few eligibility requirements for presidential candidates, including being a natural-born citizen, being at least 35 years old, and having resided in the US for at least 14 years.
There is no federal prohibition on felons seeking federal office. However, some states have passed laws preventing convicted felons from holding public office for a certain period after completing their sentence. For example, in Louisiana, voters approved a constitutional amendment in 1998 to prevent convicted non-pardoned felons from seeking and holding public office for 15 years after completing their sentence. However, this amendment was later ruled null and void by the state's Supreme Court.
Convicted felons often face restrictions on specific rights rather than all civil and constitutional rights. The rights most commonly curtailed include the right to vote, employment rights, domestic rights, and financial and contractual rights.
The requirements for jury verdicts in felony cases vary depending on the state and the severity of the charges. In most states, including Louisiana, unanimous jury verdicts are required for felony cases. However, there are exceptions, such as in Oregon, which allows non-unanimous verdicts in some felony cases.
