I have seen a great deal of chatter on whether Donald Trump can or cannot vote now that he has been convicted. I have done a bit of research and talked to a few trusted colleagues, and this is what I have produced. In short, yes, he can until or unless he is actually incarcerated.
A few caveats before I begin, I am not a lawyer nor an expert in Florida election law. I have what I consider a good deal of familiarity with NY Election Law, which possibly comes into play here despite Trump being a Florida resident. Here is what I found.
First off There is a Florida AG opinion from 1977 that may play the most important role here that states that a defendant will not lose his voting rights in Florida until the appeals have run their course “”A conviction of felony in a trial court will not disqualify the defendant as an elector, candidate for office or office holder, when an appeal is prosecuted from such conviction, until the appeal is disposed of by the appellate court.”
https://www.myfloridalegal.com/ag-opinions/felony-conviction-on-appeal-voting
Donald Trump is a Florida resident so likely this opinion could come into play. However, Florida also defers to other states laws when a resident is tried and convicted in another State. That is where NYS law may come into play.
So, what does NY law say? 5-106.2 of NYS Election Law states this “No person who has been convicted of a felony and sentenced to a period of imprisonment for such felony pursuant to the laws of this state, shall have the right to register for or vote at any election while he or she is incarcerated for such felony.”
https://www.nysenate.gov/legislation/laws/ELN/5-106
A NY Voter must be convicted, sentenced, AND incarcerated to lose their voting rights in NY. Donald Trump has not been sentenced yet. That is scheduled to happen July 11, 2024, but could be delayed while appeals are ongoing. However, if it is not delayed, sentencing alone will not remove his voting rights in NY. He needs to physically be incarcerated.
If the sentencing happens and it includes incarceration it is likely that it will be delayed until the appeals are heard. That would mean under NY law Trump would be eligible to vote in NY, and conversely in Florida.
Unless and until Trump is actually sitting in a jail cell in the state of New York, he retains his voting rights in my opinion. The appeal process will likely happen well after Election Day, so yes, he will be able to vote for himself this November.
Thank you to my colleagues in Florida and New York who helped by giving me information whose names will remain anonymous if I have gotten this ridiculously wrong.
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Dustin M. Czarny 