Despite his 34 felony convictions, Donald Trump will likely still be able to cast a vote for himself in November because of Florida and New York’s voting rights restoration laws.
Florida, where Trump has his primary residence, allows people convicted of felonies to vote depending on the law in the state where they are convicted.
New York is one of 23 states where people convicted of a felony can vote, even if they are on parole or probation, as long as they are not incarcerated.
“A felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted,” Florida’s department of state website reads.
But Florida’s law is confusing, especially after state voters passed amendment 4 in 2018, which restored the right to vote to most people with felony convictions who have completed all the terms of their sentence. The Florida Rights Restoration Coalition, which led the campaign for amendment 4, has sued over the process, but dropped a lawsuit against the state earlier this month after the department of state said it would hold a workshop to update the process for people with felony convictions to learn about their voting eligibility.
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Trump could lose his right to vote if he were incarcerated on 5 November, but legal experts say it is unlikely he will be sentenced to jail time. There will also likely be a lengthy appeal which could extend past election day.
“We have to wait to see what happens with Trump’s sentencing and possible appeal in New York to see what happens with [his] voter eligibility,” said Neil Volz, deputy director of the Florida Rights Restoration Coalition. “That said, we are in uncharted territory when it comes to people with convictions being able to vote.”
“After New York goes through their process, whether President Trump can vote with a felony conviction will depend on what the state of Florida does,” he added. “Our belief is that no one should be above the law or below the law when it comes to voter eligibility for people with convictions, and that everyone should operate under the same set of standards.”
If Trump did lose his right to vote, he could always apply for rights restoration with Florida’s clemency board, which is composed of the governor, Republican Ron DeSantis, and his cabinet. The board is scheduled to meet three more times in 2024. DeSantis endorsed Trump when he dropped out of the presidential race in January.
