Florida – The New York hush-money trial has kept former President Donald Trump in the media spotlight. The jury found Trump guilty of all 34 counts of falsifying business records, concluding that he concealed a hush money payment to adult film star Stormy Daniels to influence the outcome of the 2016 election. This conviction has raised several questions: Trump’s elegibility to vote, given Florida’s laws typically prevent felons from voting unless they have served their sentences, and questions about the legality of a convicted felon running for president, especially since Trump secured the minimum required number of delegates nearly three months ago and is expected to be nominated as the Republican candidate for the 2024 Presidential Election at the National Convention shortly after the sentencing set by Judge Juan Merchan.
Florida Governor Addresses Trump’s Elegibility to vote
Florida Governor Ron DeSantis recently addressed the first question, while the question about the legality of a convicted felon running for president was addressed by a legal expert.
DeSantis vowed to ensure that Trump retains his ability to vote in Florida. The Florida governor has made it clear that he will intervene if necessary to ensure Trump can vote. On a social media post on X, formerly known as Twitter, DeSantis reassured the public about Trump’s voting rights. “Former President Donald Trump hasn’t lost his voting rights in Florida,” DeSantis stated. He further elaborated, “That said, given the absurd nature of the New York prosecution of Trump, this would be an easy case to qualify for restoration of rights per the Florida Clemency Board, which I chair.”
Constitutional Requirements for Presidential Candidates
The US Constitution outlines three requirements for presidential candidates:
- Be a natural-born citizen.
- Be at least 35 years old.
- Have been a US resident for at least 14 years.
Trump meets all these criteria. Additionally, the 14th Amendment includes a provision stating that anyone who has taken an oath to the Constitution and then participates in an insurrection cannot hold a US office. However, the US Supreme Court ruled earlier this year that Congress must enact a specific law for this rule to be applied, making its immediate enforcement unlikely.
Corey Brettschneider, a lawyer and professor of political science at Brown University, explained to CBS News, “The short answer is yes, that there’s no constitutional bar.” He added that the Constitution explicitly lists the qualifications for presidential candidates, and being convicted of a crime is not among the disqualifications. Derek Muller, an election law professor at the University of Notre Dame, echoed this sentiment, stating, “Whether or not you’ve been convicted of a felony is immaterial for qualification purposes.”
Previous Legal Challenges
Several states have attempted to disqualify Trump from office under the 14th Amendment’s insurrection clause following the January 6, 2021, attack on the US Capitol. In December, the Colorado Supreme Court decided that Trump could be removed from the primary ballot due to his actions on January 6 and concerns related to the 14th Amendment. However, the US Supreme Court overturned this decision in March, ruling that the enforcement of the insurrection clause is a congressional responsibility. This decision ended various legal challenges to Trump’s eligibility initiated by voters in multiple states.
Brettschneider highlighted that the Constitution authorizes Congress to pass legislation to implement the 14th Amendment’s third section.
Potential Sentencing and its Impact
While Trump’s sentence might not involve jail time, his situation could become more complex if he is sentenced to prison and subsequently wins the election. There are no laws preventing someone from running for president or even winning an election while in prison, nor are there any prohibiting them from serving as president from behind bars. However, Trump’s legal team could argue that sitting presidents are immune from imprisonment, similar to his previous claims that sitting presidents cannot be indicted.
If Trump were to win the presidential election in November and assume office, he would have the authority to pardon federal offenses. However, this power does not extend to state crimes, meaning he could not grant himself clemency for the 34 felony charges he faces in New York State.
Pardon Power Limitations
The basis for presidential pardon power is found in Article II, Section 2 of the US Constitution, which grants the president the ability to issue pardons and reprieves for federal crimes, except in cases of impeachment. However, crimes prosecuted by states are not covered under this federal jurisdiction. Therefore, if Trump seeks a pardon for his state felonies, he would need to request it from the governor of New York, just like any other person convicted of a state crime.
The Voters’ Decision
As Trump continues his campaign amid these legal challenges, it remains up to the American voters to decide his political fate. Despite his conviction, Trump’s path to the White House remains “clear” under the current legal framework. Whether his legal troubles will affect his chances in the 2024 election is uncertain, but one thing is clear: the ultimate decision lies in the hands of the American electorate.
