Does a Criminal Conviction Bar You From Running for U.S. President?
Running for president of the United States is an incredible honor and responsibility. Candidates have to have a deep understanding of policy, the capacity to handle challenging situations while under immense amounts of pressure, and an unwavering commitment to the well-being of the American people. In addition to having an impressive resumé, extensive political history, and stellar leadership qualities, a candidate for president must also be well-versed in the legal requirements for being on the ballot. One thing that could potentially bar an individual from the running for President of the United States is a criminal conviction.
What does the Constitution Say about a Criminal Conviction?
The U.S. Constitution has some specific things to say about presidential candidates who have been convicted of a crime. According to Article II, Section 1, Clause 4, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.” This means that in order to be eligible for the office of President, a candidate must have been born a citizen of the U.S. or have been a naturalized citizen at the time of the adoption of the Constitution.
Does a Criminal Record Affect Eligibility?
While having a criminal record does not make an individual ineligible for eligibility to the office of the President of the United States, the nature and severity of the conviction can influence the public’s opinion, as well as the public opinion of party leadership. Additionally, depending on the state in which the individual resides and intends to run for president, there may be further state specific requirements in regards to whether or not a person is eligible to run due to his or her criminal record.
What Happens When a President is Impeached?
If a president is convicted upon impeachment, then the conviction would bar that individual from running for the presidency again. However, the House of Representatives must impeach the individual in order for the conviction to happen. This means that if the House votes to impeach the president, the Senate is required to hold a trial and then convict the president on specific charges. If the Senate convicts them and they are removed from office, they would be unable to run for the presidency again.
What Types of Convictions Might Potentially Lead to Disqualification?
There is no specific type of conviction that could lead to not being able to run for President of the United States. However, if a candidate has a criminal record, they should be aware that they may still be barred from the ballot due to the severity of their conviction.
This could include, but is not limited to:
•A felony conviction
•A conviction for fraud or bribery
•A conviction involving a violation of election laws
•A conviction involving a violation of the public trust
•A conviction for treason or any form of sedition
•A conviction for a federal crime of moral turpitude
The Impact of a Pardon
A presidential pardon can absolve an individual from his or her criminal past, which in turn could enable that individual to run for president. However, there are two important considerations when considering how a pardon can impact an individual’s eligibility to run for president.
First, a pardon does not always wipe clean the slate; it could still impact the individual in terms of their eligibility. For example, if a person has been convicted of a federal crime that is recognized as a felony in the state in which they intend to run, they could still potentially be barred from the ballot.
Second, a presidential pardon does not absolve a person from impeachment. It is possible for a president to be impeached for high crimes and misdemeanors, and then eventually be removed from office due to conviction. Therefore, if a person is granted a pardon from a president and then later on is impeached and convicted, they would still be ineligible to run for president again.
Running for the office of President of the United States is an incredibly rewarding, but difficult journey. It is important that potential candidates are aware of the legal requirements and obligations to be able to be on the ballot. Having a criminal conviction does not necessarily bar a person from being able to run, but it can play a role in the public’s opinion, as well as in other state-specific requirements. Additionally, a pardon is not a guaranteed way to overcome being convicted and could still play a role in being able to successfully run for the presidency.
