Can a prisoner run for President? What about Secret Service protection? Those questions are receiving a lot of media attention this week. Let’s take a look at the Constitution and current law for the answer.
What the Law Says and Does Not Say
Yes, an imprisoned candidate for president can run for office. Article II, sec. 1, clause 5 gives three qualifications:
- You must be a natural born citizen.
- You must be at least 35 years of age.
- You must be a resident within the United States for at least 14 years.
Notice what is NOT there in Article II. It does not disqualify anyone serving a prison sentence from running for president. It does not say you have to be registered to vote. All the Constitution specifies is the above three qualifications.
However, while imprisoned, you lose your second amendment right to bear arms. You also do not have the Fourth Amendment right to privacy. Depending on the state, you may lose your right to vote.
Been There. Done That.
America is not in uncharted territory here. Two men have run for president from prison. Eugene Debs, a socialist, ran for president in 1920 while serving a sentence for impeding draft efforts during World War I. One of his campaign slogans was “For President, Convict No. 9653.” He received one million votes.
Lyndon LaRouche ran for President while incarcerated during the 1992 campaign. He was charged with mail fraud and campaign fraud conspiracy. LaRouche garnered 26,000 votes as a third party candidate.
What About Secret Service Protection?
But, what if the candidate is a former president? Will he receive Secret Service protection in prison? The law (Former Presidents Protection Act of 2012) mandates around the clock protection for former presidents. U.S. law also gives Secret Service protection to Presidential candidates. So then, yes. There would be Secret Service protection in prison for a former president and also to a jailed former president who is currently a candidate for the nation’s highest office.
Can a prisoner run for President? Now you know!
This is Common Sense Civics and Citizenship.
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Image by Alvin Hikmawan from Pixabay
