Felons lose a lot of rights when they are convicted. They are often subject to social repercussions, including finding work, housing, or healthcare.
One of the more confusing factors of being a convicted felon is whether you will be able to hold an elected position. Can a convicted felon run for public office?
The answer is yes. A convicted felon can run for public office in the United States. The Constitution does not prohibit felons from running for public office; only federal and state laws do.
So if you’re a convicted felon with the intention of running for public office, then read on!
Every State is Different
Felons can run for public office in any local, state, or federal election as long as there isn’t a specific law barring them from that office. No part of the United States Constitution states a felon is disqualified from running for any elected office.
It is up to the individual state and local municipality to decide whether they want to allow criminals to run for office. That typically comes in the form of a morality clause written into the requirements for the elected position.
Let’s create an example around a fictitious congressman. We will call him Mr. Hanks. Mr. Hanks runs for office in the US Senate or Congress. A story comes out showing he has been convicted of a felony crime related to embezzlement. As long as there’s no state law barring Mr. Hanks, he will be elected to that position if he wins.
However, both the United States Congress and the Senate can remove members for ethical violations. They could hold a vote of no confidence in the newly elected official, potentially removing someone like Mr. Hanks from office.
Can a Felon Run for President?
Each state has its own rules regarding whether and when a convicted felon can run for public office. Some states have more restrictive rules than others, and some have absolutely no restrictions.
A felony is a crime punishable by more than one year in prison. For example, shoplifting is typically a misdemeanor that carries less than a year of jail time, while murder is often considered a felony with many years of possible incarceration.
Currently, no laws disqualify a candidate for President of the United States based on a previous felony conviction. There are barriers to a felon owning a gun, traveling around the world, or voting in an election – but nothing for running for office.
It would make it incredibly difficult to be elected because a criminal conviction would give your opponent a lot of mud to swing at you during a campaign. You would have to go beyond the usual strategy to convince people you are reformed and capable of public service.
When a convicted felon is elected to public office, the federal government has several options to remove them from office. This includes recall, removal, impeachment, or expulsion. The type of removal depends on the office being held at varying levels of service. A president will be impeached, while a state legislature may be recalled.
Most of the time, this is because they cannot perform the duties of their job. Other times, it is because they have been convicted of a felony or other serious law after the election.
How Do I Learn More?
Swing by your local election office or a town clerk. You will find information about the qualifications for all possible elected positions within your community. Most of this candidate information can be found online as well.
Elected positions that tend to have morality clauses often relate to judgeships. Other positions will have crimes that prevent a candidate from being qualified during the election if they relate to their position responsibilities. For example, you wouldn’t want to elect someone who oversees a drug enforcement position if they have a record of drug use.
It gets confusing as to whether or not a felon can run for an elected position in the government because somewhere in our history, we got it into our heads that was a right felons lost when they were convicted. Most elected official positions in the United States are open to people with past convictions. Criminals don’t run because those convictions create such a bad public image, and they cannot get elected.
It’s important to understand that not all felonies or elections are created equal. The severity of the offense and the length of time since it occurred will affect whether or not a candidate can run for office after serving their sentence. While some states have strict laws on this issue, others have more lenient rules in place.
If you would like to learn more about changing your life after a felony conviction, check out the guide Getting Out: success after incarceration available on Amazon.
