Donald Trump’s conviction some weeks ago raised several questions concerning the enfranchisement of convicted felons across the US. Can convicted offenders like Trump vote in the 2024 presidential elections? Can Trump vote for himself this coming November?
While the US Constitution does not outrightly prohibit lawbreakers from casting a ballot during presidential elections or running for president, many states have restrictions on felons’ voting rights. As a matter of fact, voting rights for convicted felons vary per US state.
According to the National Conference of State Legislatures (NCSL), felon voting status, and restoration of voting rights for convicted citizens are sorted into four categories. While felons never lose their voting rights in some states, other states revoke the voting rights of offenders if they are incarcerated, until they complete their sentence, or after the post-sentencing waiting period.
US State | Voting status Convicted felons; |
District of Columbia | Never lose their voting rights |
Maine | |
Vermont | |
California | Lose voting rights only if incarcerated. Automatic restoration of voting rights after release. |
Colorado | |
Connecticut | |
Hawaii | |
Illinois | |
Indiana | |
Maryland | |
Massachusetts | |
Michigan | |
Minnesota | |
Montana | |
Nevada | |
New Hampshire | |
New Jersey | |
New York | |
New Mexico | |
North Dakota | |
Ohio | |
Oregon | |
Pennsylvania | |
Rhode Island | |
Utah | |
Washington | |
Alaska | Lose voting rights until after completion of sentence. This includes parole and/or probation, fines, fees, and restitution. Voting rights are automatically restored. |
Arkansas | |
Georgia | |
Idaho | |
Kansas | |
Louisiana | |
Missouri | |
Nebraska | |
North Carolina | |
Oklahoma | |
South Carolina | |
South Dakota | |
Texas | |
West Virginia | |
Wisconsin | |
Alabama | Lose voting rights until completion of sentence. In some states, felons go through a post-sentencing waiting period before voting rights are restored. Some states require additional action to be taken and policies to be followed for the restoration of voting rights. |
Arizona | |
Delaware | |
Florida | |
Iowa | |
Kentucky | |
Mississippi | |
Tennesse | |
Virginia | |
Wyoming |
Can Donald Trump still vote in the presidential elections after being convicted?
According to Blair Bowie, of the Campaign Legal Center in Florida, where Trump lives, a felon’s voting rights depend on the rules of the state in which they were convicted. Hence, Trump will only vote in the upcoming presidential elections if the state of New York convicts him and disenfranchises him for his crimes.
According to the NCSL, New York prohibits offenders serving time behind bars from voting. However, voting rights are restored once a person is released from prison. Convicted felons who are not incarcerated do not lose their voting rights.
Given this, whether the 2024 Republican presidential nominee will vote in the November 2024 elections is yet to be known, as this depends on the verdict of his sentencing hearing scheduled for July 11.
“The only way he wouldn’t be able to vote is if he is in prison on election day,” Bowie stated.
Although the former president faces up to four years in prison, experts say prison time for him as a first-time, nonviolent offender is less likely. And even if he were ordered to do time, he would undoubtedly appeal a conviction—a process that would delay a sentence well past the election day, allowing Trump to cast a ballot for himself in his third presidential bid.