Prominent Candidate with Felony Convictions Running for President: What You Need to Know
In a historic turn of events, former President Donald J. Trump has been convicted of falsifying business records to cover up a hush-money payment to a porn star. This makes him the first prominent candidate with felony convictions running for president in over a century, and the first with a real chance of winning.
Despite facing multiple felony charges in different cases, Trump remains highly competitive in polls and faces no formal campaign restrictions for now. However, as his sentencing on the New York convictions approaches on July 11, and with other cases still looming, questions have arisen about his eligibility to run for president and what could happen if he were to win.
Here’s what we know, and what we don’t know:
1. Can Trump still run after his conviction?
The Constitution sets few eligibility requirements for presidents, and there are no limitations based on character or criminal record. While some states prohibit felons from running for state and local office, these laws do not apply to federal offices. States could try to keep Trump off the ballot, but legal experts argue that this would be on shaky ground.
2. What about the 14th Amendment?
The Supreme Court ruled that states cannot disqualify Trump from the ballot under the 14th Amendment, which deals with insurrection or rebellion. Convictions in election-related cases would not disqualify him either, as Congress would need to enforce Section 3 of the 14th Amendment against candidates for federal office.
3. Could the party replace him on the ticket?
With Trump securing a majority of delegates to the Republican convention, the party has no mechanism to nominate someone else. Top Republicans have shown no interest in another nominee, making it highly unlikely for him to be replaced.
4. Can he vote after his conviction?
Trump’s ability to vote depends on his sentence. While felons in Florida are disenfranchised, most regain voting rights after completing their sentence. New York’s rules are more lenient, allowing felons to vote while on parole or probation. If Trump is imprisoned, he would be disenfranchised regardless.
5. What happens if Trump is elected from prison?
Legally, Trump would remain eligible to be president even if he were imprisoned, creating a legal crisis that would likely need to be resolved by the courts. The 25th Amendment could be invoked, but that would require loyalists appointed by Trump to declare him unable to fulfill his duties.
6. Could Trump pardon himself if he is re-elected president?
A presidential pardon is not an option for state charges, and a self-pardon would be an extraordinary assertion of presidential power that the Supreme Court would need to decide on. President Biden could also pardon Trump on his way out the door, but that’s not an option for the New York conviction.
7. What if he’s elected with cases still in progress?
In the two federal cases, a Trump-appointed attorney general would likely withdraw the charges. The Justice Department does not indict sitting presidents, and the rationale for not indicting them applies to prosecuting them as well. The outcome of the Georgia case, a state criminal proceeding, is uncertain and legally untested.
The country is facing uncharted territory with a candidate like Trump running for president, and the decisions that lie ahead could have far-reaching implications. As the legal battles continue, the fate of Trump’s candidacy and potential presidency remains uncertain.
