It is, but his conviction is in state court in New York, so the voting restrictions of that state apply to him in Florida.
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Related question: can you explain the details of how the interstate agreements work? Why can’t Trump just flee New York to a state that won’t extradite? (Does such a place even exist?)
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“34” is A good round of golf.
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No, every state has to extradite to other states. It’s in the US Constitution. Article 4, §2:
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
I think Abbott or DeSantis recently threatened to not extradite someone, but they don’t have that option.
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I think that might be an oversimplification, though. He has to have fulfilled all of his requirements and obligations before his right is restored. That means any prison time, fines paid, community service, and probation completed. If he’s out during appeal (apparently rare in NY), he cannot vote as he technically has not completed his sentence. So it’s not just a question of whether he’s physically in prison or not. Maybe not the fines, but his sentence has to have been completed, is what was quoted upthread.
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I can just imagine the DeSantis admin absolutely bending themselves into knots right now trying to figure out a law their legislature can pass by Nov. that somehow allows trump to vote, but ensures Black convicts remain unable to.
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My understanding is that is the rule in Florida, not New York. And even though he resides in, and will vote in, Florida, the New York rule will apply because his conviction is in a New York court for a New York state crime. And the New York rule doesn’t require him to have fulfilled all of the obligations of his sentence, but only requires that he not actually be still in prison on election day.
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From a CBS News article:
According to Florida state law, a Florida resident with a felony conviction elsewhere is only ineligible to vote “if the conviction would make the person ineligible to vote in the state where the person was convicted,” the Florida Division of Elections website says. According to the New York courts website, “you lose your right to vote while you are in prison for a felony conviction.” But “if you are convicted of a felony and you are released from prison, you can vote,” and “if you are convicted of a felony and your sentence is suspended, you can vote.”
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Yeah, I get that (and was wrong about parole), but the key words in the quoted law are that the incarceration period has to have been completed. So if he isn’t sentenced to prison time, he can vote. If he’s sentenced to a short stint that completes before Nov. 5, then he can vote. But if he’s sentenced to even one day in prison and hasn’t served it by Nov. 5, the way it’s written says he can’t vote.
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That is not the rule in New York. See above.
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That’s not what it says:
The ACLU of New York says convicted felons who are on parole, on probation, were not sentenced to prison or completed a prison sentence can vote.
If the sentence hasn’t been completed, those terms haven’t been met.
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That’s not what that says. If someone is on probation, they have not completed their sentence, but they can vote. If they are released pending appeal, they can vote.
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I don’t justify allowing a felon to be president. At least not this felon.
I justify allowing a felon to run for president.
That’s the part that’s been missing in all the resources that have been linked. Thank you!
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Also, if his sentence doesn’t include jail time (which I hope won’t be the case but you never know), he will be able to vote. If his sentence is just monetary, or monetary plus community service and probation, he will be allowed to vote even if he hasn’t completed those. So, from a practical standpoint, the only thing that would prevent him from being allowed to vote is if he is actually in jail on election day. The only reasons he wouldn’t be in jail would be things that would permit him to vote.
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That’s what I wrote very early in the topic. I just hadn’t seen a source that explicitly said that, if he was out on appeal but hadn’t completed incarceration, that he would be allowed to vote. I trust you as that source.
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That’s really quite beautiful. Brought a tear to my eye, so it did
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Person in Jumpsuit. Woman. Man. Closed Circuit Camera. No TV.
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