Will Trump be able to vote in Florida? Here's what to know about voting rights for convicted felons in Wisconsin
Former President Donald Trump was found guilty on 34 felony counts Thursday in his New York criminal hush money trial, which centered on allegations that he falsified business records to hide a hush money payment to porn star Stormy Daniels ahead of the 2016 presidential election.
Now that for the first time is U.S. history a president has been convicted of crime, Trump is indeed a convicted felon. If he is not sentenced to jailtime before the election and because his residency is in Florida and his conviction is in New York, he will likely be able to vote for himself in the upcoming 2024 election, in which he is the presumptive Republican nominee.
Florida, where Trump is registered to vote, defers to other state laws when it comes to stripping voting rights from people with felony convictions who were tried in other states. Because New York allows felons to vote who aren't imprisoned, Florida would likely do the same. It depends on when and what Trump is sentenced to.
A sentencing hearing is scheduled for July 11, just four days before the Republican National Convention is set to begin in Milwaukee. Trump is likely to appeal the conviction, which could push any potential jailtime until after the election.
In every U.S. state except two (Maine and Vermont), most people with felony convictions are not allowed to vote. Here's what to know about voting as a felon in Wisconsin.
Can people with felony convictions vote in Wisconsin?
The short answer is no. But people with felony convictions can regain their right to vote after they've finished their sentence and are "off paper," according to the ACLU of Wisconsin.
Wisconsin law requires that people who are convicted are told this at sentencing.
What does it mean to be 'off paper?'
A person is "off paper" once they've completed their sentence, including jail or prison, probation, parole or extended supervision, for a felony, and their parole or probation officer has cleared them from any legal obligations.
What do convicted felons do once they're 'off paper?'
Once convicted felons completed their sentence, their voting rights will be automatically restored. In Wisconsin, the Department of Corrections will inform former prisoners in writing.
But, they will need to register to vote again whether they have in the past or not. In Wisconsin, there is same-day voter registration at the voting booth on Election Day. You can also register beforehand and vote early as of 2024.
Click here for information on registering to vote.
Can people with misdemeanor convictions vote in Wisconsin?
Misdemeanor convictions for treason or bribery also results in losing your vote in Wisconsin. All other misdemeanor convictions don't result in you losing your vote.
Can people vote from jail?
It's possible people from jail can vote if they haven't been convicted of a felony or treason or bribery, or they are being held on bail and haven't been convicted. People in jail can vote absentee by mail in Wisconsin.
Would a pardon restore voting rights?
Yes. If someone is pardoned by the governor then their voting rights are restored.
What if a person votes as a felon?
In all states, it's a felony to vote if your voting rights are currently revoked.
Has voting rights for felons been challenged in the courts?
The U.S. Constitution gives everyone the right to vote and there has been legislation through America's history protecting voting rights for the disenfranchised.
Felony disenfranchisement has been challenged in the courts and the U.S. Supreme Court has continued to rule that the right to vote may be denied for "participation in a rebellion or other crime," but it also left it up to state governments.
How many people have felony convictions?
About 5.3 million people in the U.S. cannot vote due to a felony conviction, according to the ACLU. That includes more than 65,000 people in Wisconsin, according to The Sentencing Project, an advocacy and research group.
The impact of felony disfranchisement falls disproportionately on communities of color. If incarceration rates hold steady, 30% of Black men could lose their right to vote.
What about other states?
In 23 states, people with felony convictions lose their voting rights only while incarcerated. In 15 states, felons lose their voting rights during incarceration, and for a period of time after, typically while on parole and/or probation.
In 10 states, people with felony convictions lose their voting rights indefinitely for some crimes, or require a governor’s pardon for voting rights to be restored, face an additional waiting period after completion of sentence (including parole and probation) or require additional action before voting rights can be restored.
For a full list of states and their voting rights for felons, click here.
Drake Bentley can be reached at [email protected].
This article originally appeared on Milwaukee Journal Sentinel: Here's what to know about voting rights for felons in Wisconsin