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With former President Donald Trump staring down a possible felony conviction this week, his ability to vote for himself in November could be stripped away.
An estimated 4.4 million people, or 2% of the electorate, were unable to vote in the 2022 elections because of felony convictions on their records, according to the Sentencing Project. New York and Florida are among the 48 states that prohibit certain felons from voting. If Trump is convicted, it raises the possibility that he could not cast a vote in November for himself or for anyone, for that matter.
However, experts speaking with NBC News hold that the possibility is unlikely.
Regarding the New York hush money case, “the only way he wouldn’t be able to vote is if he is in prison on Election Day,” Campaign Legal Center attorney Blair Bowie said.
Trump isn’t unique in that he is battling a lawsuit outside the state in which he would cast a vote. Florida doesn’t prevent all felons convicted outside the state from voting. Instead, it defers to state laws where the person is convicted.
In New York, felons can’t vote while they are behind bars, but as soon as they leave prison, they can cast a ballot again.
Even if Trump is convicted and sentenced to time in prison, the lengthy appeals process is all but guaranteed to ensure his sentence would be pushed back beyond the election.
Bowie and Sentencing Project member Bob Libal said confusion around Trump’s possible disenfranchisement is harmful to voting more broadly.
“The confusion around President Trump’s eligibility to vote is representative of a confusion that a lot of people have, and I think that that confusion dissuades people from voting,” Libal said.
“It can be quite complicated. We’re talking about Trump, who’s a person who has access to lots of lawyers, and even here, you can tell it’s quite complicated,” Bowie said. “For the average person who doesn’t have access to attorneys, it can be almost impossible.”
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Trump’s other cases would add further confusion — the federal cases against him would be much more likely to strip the former president of his voting rights in November.
A conviction in the classified documents or election conspiracy cases would require him to obtain clemency in Florida or a presidential pardon to vote again. But unlike the hush money case, it is unclear if a judgment will be passed down before Election Day.