DENVER ā Donald Trump may be convicted of a felony and reside in Florida, a state notorious for restricting the voting rights of people with felony convictions. But he can still vote as long as he stays out of prison in New York state.
Thatās because Florida defers to other statesā disenfranchisement rules for residents convicted of out-of-state felonies. In Trumpās case, New York law only removes the right to vote for people convicted of felonies when theyāre incarcerated. Once theyāre out of prison, their rights are automatically restored, even if theyāre on parole, per a 2021 law passed by the stateās Democratic legislature.
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āIf a Floridianās voting rights are restored in the state of conviction, they are restored under Florida law,ā Blair Bowie of the Campaign Legal Center wrote in a post, noting that people without Trumpās legal resources are often confused by Floridaās complex rules.
So as long as Trump isnāt sent to prison, he can vote for himself in Florida in Novemberās election.
āHis rights depend on his sentencing,ā wrote Michael McDonald, a University of Florida political scientist whoās tracked his stateās felony disenfranchisement rules, on the social media site X, formerly Twitter.
Trump was convicted Thursday of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to a porn actor who said the two had sex.
A lifelong New Yorker, Trump established residency in Florida in 2019, while he was in the White House.
Even if he is elected president again, Trump will not be able to pardon himself of state charges in New York. The president's pardon power applies only to federal crimes.
The conviction, and even imprisonment, would not bar Trump from continuing his pursuit of the White House. The Republican National Convention, which will open four days after his July 11 sentencing date in New York, adopted rules last year that didn't include any specific provisions if its presumptive nominee is convicted of a crime.
Delegates could move to change their rules before formalizing Trump's nomination, but there's no evidence that a significant faction of the party would try to replace the former president on the GOP ticket. Trump commands loyalty across the GOP base, and the Republican National Committee is run by his loyalists, including his daughter-in-law Lara Trump as co-chair.