Why Trump can vote in the 2024 election even after his felony conviction

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Trump speaks to reporters aft voting

Trump speaks to reporters aft voting successful Florida 16:12

Although erstwhile President Donald Trump was convicted earlier this twelvemonth in a Manhattan tribunal of 34 felony counts of falsifying business records, nan Republican statesmanlike nominee tin still ballot successful nan 2024 statesmanlike election.

Trump formed his ballot Tuesday successful Palm Beach County, on pinch his wife, Melania. 

Why tin Donald Trump ballot moreover though he was convicted of a felony?

While nan authorities of Florida mostly makes it challenging for group convicted of felonies to vote until they person served retired their afloat sentence, Trump benefits from nan truth that he was convicted extracurricular of nan state. 

Florida rule specifies that group convicted extracurricular of nan authorities are taxable to nan voting laws of whichever authorities they were convicted successful – New York, successful this case. Trump tin convey a 2021 New York authorities law for his voting privileges successful this election, 1 that allows felons to ballot if they are not presently incarcerated.

In Trump's case, he was convicted successful New York successful May, but has yet to beryllium sentenced. This makes him an eligible elector successful nan authorities of Florida.

He was primitively scheduled to beryllium sentenced successful nan lawsuit connected Sept. 18, nevertheless his attorneys asked connected Aug. 14 for his sentencing to beryllium pushed backmost until aft nan statesmanlike election. They based on a hold is basal to resoluteness ongoing ineligible challenges to his conviction. 

In early September, Justice Juan Merchan issued an order delaying sentencing until Nov. 26, aft nan election.

Merchan wrote that he made nan determination "to debar immoderate quality — nevertheless unwarranted — that nan proceeding has been affected by aliases seeks to impact nan approaching Presidential predetermination successful which nan Defendant is simply a candidate."

What felonies was Trump convicted of?

Trump was convicted successful May by a unanimous assemblage connected 34 felony counts of falsifying business records tied to hush money payments to big movie prima Stormy Daniels anterior to nan 2016 election. Prosecutors stated that Trump signed disconnected connected a strategy to hide reimbursements to a lawyer who wired a $130,000 "hush money" costs to nan big movie authorities conscionable days earlier nan 2016 statesmanlike election. Trump has denied nan allegations and he pleaded not guilty. 

"A assemblage of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts," Manhattan District Attorney Alvin Bragg said successful early September aft Trump was convicted.

Merchan has a broad scope successful determining Trump's sentence. The charges transportation a maximum condemnation of up to 4 years successful jail, but Merchan tin besides manus down a condemnation that involves a assortment of alternatives to incarceration, including probation. Most ineligible observers expect Trump to debar jailhouse time, fixed his position arsenic a first-time offender and sentences handed down for nan aforesaid crime successful different cases.

Trump has denied each allegations successful this case, arsenic good arsenic four different criminal cases, 2 of which revolve astir his efforts to overturn nan 2020 election, and one, which was dismissed, wherever he was charged for taking confidential documents from nan White House astatine nan extremity of his presidency.

Where these spell from present could very good depend connected whether Trump is elected.

Patrick Maguire

Patrick Maguire is simply a CBS News Broadcast Associate.

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