Though he is now a convicted felon, Donald Trump can still vote for himself in the 2024 election.
Though the majority of U.S. states bar convicted felons from voting in some way, in Florida, where Trump is a resident, a felon’s voting rights are governed by the state in which they were convicted.
As the ACLU of New York notes, a convicted felon can vote in New York as long as they were not sentenced to prison or had a prison sentence suspended. Voting rights for New Yorkers are also restored after they are released from prison, so Trump could theoretically vote for himself again if he served a sentence and was then released, despite the felony convictions.
While Trump had been scheduled for sentencing after being convicted in New York this year of multiple felonies, his sentencing was pushed back until after the election and the other felony charges he still faces have yet to go to trial.
“As of May 2021, all New Yorkers who are incarcerated after a felony conviction have their voting rights immediately and automatically restored upon release from prison, whether or not they are on parole. You do not need any special documentation to register to vote,” the ACLU website reads.
Trump had originally been set to be sentenced July 11, with that sentencing later pushed out multiple times — he’s now scheduled for sentencing on Nov. 26. While most convictions for these charges do not result in prison time, a recent analysis by the New York Times makes the case for why Trump may face the inside of a prison based on the history of felons convicted for falsifying business records.
The Republican candidate faces up to four years in prison when sentenced later this month. Analysts have also pointed to Trump disobeying orders from the judge that recited in multiple citations for contempt as increasing the likelihood the judge may decide to sentence him to either prison time or some form of house arrest.
There are several other consequences to Trump’s conviction on all 34 felony counts in a New York court.
If he gets elected following Tuesday’s voting, Trump could not pardon himself because, according to the U.S. Constitution, presidents are only allowed to issue pardons for federal crimes — except for impeachment, which, like state-level crimes, is off limits. He could petition New York Gov. Kathy Hochul, though the lifelong Democrat governor is unlikely to grant such a request.
And unless he is pardoned or his conviction is overturned, Trump is now banned for life from owning a gun.
While federal law only revokes gun rights for felons who receive a least a one-year prison sentence, under New York law, Trump’s conviction alone triggers the ban. And more importantly, it doesn’t matter that he resides in Florida, where “felony convictions occurring in another state require restoration of civil and firearm rights by the state in which the conviction occurred.” In other words, unless and until New York restores his right to own a gun, he’s stuck.
He also cannot serve as a juror, another lifetime ban. He will need to indicate his felony status on housing or employment applications.
As of his conviction on 34 felony counts of falsifying business records, the only way Trump can clear his record is through a successful appeal.
But he can run for, and serve as, president of the United States, as the Constitution’s only limitations are that candidates must be a “natural born” citizen (meaning they were not naturalized), a resident of the U.S. for at least 14 years and at least 35 years old.
This story was updated Tuesday, Nov. 5, 2024.
