(NewsNation) — Donald Trump will probably be able to vote for himself this November, and even as a convicted felon he could hold the office of President of the United States, according to New York and Florida laws and the U.S. Constitution. And the definition of “convicted” has a lot to do with timing.
“Generally, you don’t have the felony officially enrolled until you’ve exhausted your (appeals),” said former federal prosecutor Jim Trustee. “Someone who’s been convicted … doesn’t have to consider himself a felon until the appellate process is over,” he told NewsNation.
And the New York appeals process could take at least a year, Trustee said.
Florida, Trump’s official state of residence, defers to laws in other states regarding someone convicted elsewhere.
New York state law denies the vote to a person who is convicted of a felony and sent to prison. But those on parole or probation may register to vote and cast a ballot. Legal experts say it’s very unlikely Trump will be sentenced to prison time on July 11.
As for a felon running for and serving as president, there is nothing in the U.S. Constitution to stop it. The Constitution states only three requirements for the office: Be at least 35 years old, must be a natural-born U.S. citizen and must have lived in the U.S. for at least 14 years.
If his conviction is upheld, Trump could not pardon himself if he’s returned to the presidency. A president has no authority over criminal cases in the states, only for federal crimes.
