Donald Trump was president of the United States between 2016 and 2020, and his departure from office was surrounded by controversy. His most extremist supporters were convinced there had been fraud in that year’s election, leading to a chaotic march on the Capitol in January 2021. And now, despite facing criminal charges in four separate cases, the tycoon is still dreaming of a White House comeback.
However, Trump’s wishes may clash with his current legal situation: a grand jury in Atlanta indicted the former president this Monday on state charges related to his alleged attempt to overturn electoral defeat in Georgia. This marks the fourth criminal case that Trump has to face, yet he is still positioned as one of the leading Republican candidate for the 2024 presidential election in the US.
Can Trump run in 2024 if he’s convicted?
According to a legal experts cited by CNN, the courts have not yet determined could happen to Trump’s candidacy if he’s convicted, but the general consensus is that neither an accusation nor a conviction would legally bar him from being elected.
The US Constitution states only three conditions for a person to become president, according to constitutional lawyer Rafael Penalver, who was consulted by CNN en Español:
- They must have been born in the United States.
- They must have resided in the country for at least 14 years.
- They must be 35 years of age or older.
Richard L. Hasen, a law professor at the University of California, Los Angeles, told the same media outlet that the Constitution does not prevent anyone accused, convicted, or even imprisoned, from running for president and winning the presidency.
An article from The New York Times concurs that Trump will be able to run for president, as there is nothing in the Constitution to prevent him from doing so, although he would not be able to vote for himself.
“Most criminals in Florida, Trump’s state of residence, regain their right to vote upon completing their sentence, including parole, and the payment of all fines and fees.
However, it is very unlikely that Trump, if convicted, would have time to serve his sentence before election day.” He could vote, however, if he registers to do so in New York. In that state, the rules for convicts are more lenient.