THE American election will decide whether Kamala Harris or Donald Trump will lead the country into the future, but questions have been raised about Trump’s right to vote.
Trump is facing several convictions outside of Florida, but any successful conviction could make it difficult for him to vote in the historic election.
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Voting in Florida
Trump is a resident of Florida, which has complex laws surrounding the right of criminals to vote.
Felons convicted in the state and serving a term of incarceration, probation, parole or supervision from voting until they have paid off any fines, fees, court costs and restitution ordered by the court.
Murderers or people convicted of a felony sex offense are not allowed to vote.
However, if a felon is convicted in another state and they retain their right to vote there, then that person can vote in Florida if they become a resident.
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Therefore, The Apprentice presenter and former president will be allowed to vote if he is not incarcerated or banned from voting in any state where he currently faces a lawsuit.
The former president was found guilty of all charges of falsifying business records in the first degree in New York in April 2024
Despite this, he will still be able to vote in Florida following this verdict.
This is because he would be able to vote in New York, if he lived there, despite being found guilty.
Out-of-state prosecutions
Trump has two active prosecutions related to his role in the attempt to overturn the 2020 election, one in federal court in Washington and another in Georgia state court.
A previous prosecution in Florida was dismissed by Judge Aileen Cannon on July 15, 2024.
If he was found guilty in Washington DC, he would not lose his right to vote as felons can vote in Washington State.
If he was found guilty in Georgia, he would lose the right to vote unless he was pardoned by the state governor or had his voting right restored by the Florida clemency board.
In Georgia, people convicted of a felony can’t vote during any period of incarceration, probation or parole unless they have paid any fines for that felony.
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Bending the rules
Florida’s Governor, Ron DeSantis, said that the Florida Clemency Board would step in to restore the former president’s right to vote if needed.
Mr DeSantis sits on the Florida Clemency Board with three members of his cabinet.
The rules of restoring someone’s vote, known as the Rules of Executive Clemency, require people with out-of-state or federal convictions to complete all nonfinancial terms of their sentence.
The clemency board has the executive authority to override this though, so Mr DeSantis could bend the rules for Trump while remaining on the right side of the law.
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Presidential battle
The former president has denied any wrongdoing regarding his charges related to the January 6, 2021, riots.
However, Trump’s legal battles and criminal charges have been a core part of Kamala Harris’ presidential campaign.
She has referenced when he was found liable for sexual abuse and defamation in May 2023 in her speeches.
She told a crowd in Philadelphia on August 6, 2024: “I took on perpetrators of all kinds.
“Predators who abused women.
“Fraudsters who scammed consumers.
“Cheaters who broke the rules for their own gain.
“So hear me when I say: I know Donald Trump’s type.”
