Despite a felony conviction in New York, former President Donald Trump faces no obstacles in casting his vote in Florida today. Here’s why Florida’s laws allow him this right, while other convicted felons in the state face much tougher hurdles.
Trump’s Felony Conviction in New York
Earlier this year, Donald Trump was convicted of 34 counts of falsifying business records. The charges were linked to hush money payments made before the 2016 election to adult film star Stormy Daniels. The historic conviction made Trump the first U.S. president ever convicted of a felony, and his sentencing is set for November 26.
Despite this conviction, Trump, a Florida resident, is able to cast his vote in Florida’s elections, including voting for himself. The reason lies in the state’s unique approach to handling out-of-state convictions.
Florida Law on Out-of-State Convictions
Under Florida law, if a person with a felony conviction from another state wishes to vote, Florida will follow the voting rights rules of the convicting state. For Trump, this means he benefits from a 2021 New York law allowing people with felony convictions to vote, provided they are not incarcerated at the time of the election.
As Trump is not currently serving a prison sentence, New York law allows him to vote, and Florida honors this provision for out-of-state convictions.
Barriers for Floridians With Felony Convictions
While Trump can vote, many Floridians with felony convictions face a more complicated path. In 2018, Florida voters passed a ballot initiative to restore voting rights to individuals who had completed their sentences. This initiative was meant to simplify the process for those with past felony convictions to regain their voting rights.
However, state lawmakers added strict requirements, mandating that all court fees, fines, and restitution must be fully paid before voting rights are restored. Compounding the challenge, Florida does not have a centralized system for tracking outstanding fees and fines, making it difficult for individuals to confirm if they meet the requirements to vote.
The System’s Impact on Voting Rights
This complexity often means that individuals with limited financial resources struggle to regain their voting rights in Florida. Without clear tracking or centralized records, many are left unsure of their eligibility status.
Conclusion
Trump’s ability to vote as a convicted felon highlights a discrepancy in voting rights for those with felony convictions in Florida. For Floridians with out-of-state convictions, voting rights may be restored based on the laws of the convicting state. But for those convicted within Florida, the process involves navigating financial and administrative barriers that can prevent them from exercising their right to vote.
