Despite his conviction for illegally covering up a hush money payment to a porn star, Donald Trump remains eligible to run for president, even if sentenced to prison before the November 5 election. Here’s why.
Constitutional eligibility
The U.S. Constitution requires only that presidents be at least 35 years old and U.S. citizens who have lived in the country for 14 years. A criminal conviction or prison sentence does not affect Trump’s eligibility. Theoretically, Trump could be sworn in from jail if he wins the election against Democratic President Joe Biden.
While unprecedented for a major candidate like Trump, jailhouse presidential campaigns have occurred. Socialist Eugene Debs ran from prison in the 1920 election, although he was not a serious contender.
Potential sentencing
It is uncertain what sentence Trump will receive. As a first-time offender for a nonviolent crime, imprisonment is rare. The maximum sentence for falsifying business records is 1-1/3 to four years, but sentences often involve fines or probation. Trump could face home confinement or a curfew. The logistics of imprisoning a former president with a Secret Service detail are complex, and he could be released on bail during an appeal.
Impact on election
The guilty verdict could influence the election. Though seen as the least consequential of Trump’s four criminal cases, opinion polls indicate it could affect voter support. According to an April Reuters/Ipsos poll, one in four Republicans and 60% of independents would not vote for Trump if convicted. The election could hinge on votes in battleground states, where even a small shift in support could be decisive.