Questions on whether convicted felons can vote in the U.S. surfaced this week following a guilty verdict in former President Donald Trump's criminal hush money trial, but what are the rules for Illinois?
Trump was found guilty on all 34 counts, marking the first time a former U.S. president was ever tried or convicted in a criminal case, but the verdict led many to ask if Trump will be allowed to vote or even run for president.
Trump may have been convicted of a felony and reside in Florida, a state notorious for restricting the voting rights of felons, but he can still vote as long as he stays out of prison in New York state.
That’s because Florida defers to other states’ disenfranchisement rules for residents convicted of out-of-state felonies. In Trump’s case, New York law only removes their right to vote when incarcerated. Once they’re out of prison, their rights are automatically restored — even if they’re on parole, per a 2021 law passed by the state’s Democratic legislature.
“If a Floridian’s voting rights are restored in the state of conviction, they are restored under Florida law,” Blair Bowie of the Campaign Legal Center wrote in a post explaining the state of law, noting that people without Trump’s legal resources are often confused by Florida’s complex rules.
In Illinois, the rules over whether you can vote center around incarceration and verdict.
In Illinois, Indiana and Michigan, "you only lose your right to vote if you are currently incarcerated for a criminal conviction," according to the Justice Department.
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"If you lost your voting rights because of a conviction, you can register to vote immediately after your release. Pretrial detention, probation, and parole do not restrict your voting rights," the government states.
Those who are in jail but not convicted of the crime they are being held for can still vote, according to the ACLU Illinois.
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As for whether or not Trump can still run for president, the answer is, simply, yes.
A convicted or imprisoned felon can not only campaign for president and other federal offices, but also be elected.
The U.S. Constitution does not explicitly prohibit a presidential candidate from running for office while under indictment, or even while serving time behind bars.
Eligibility requirements for presidents state only that they must be at least 35 years old, be a natural-born citizen of the United States, and have been a resident of the country for at least 14 years.
So, a criminal record, an orange jumpsuit and being on the wrong side of prison bars will not necessarily prevent someone from becoming president. It's the voters who have the power to do that.
