Donald Trump, convicted of 34 felonies last week, would not be eligible to hold office in Utah for at least ten years, but he can still appear on Utah’s presidential ballot.
Last week, a New York jury found Trump guilty of 34 felony counts of falsifying business records to hide hush money payments he made to an adult film actor during the 2016 presidential campaign to cover up an affair.
Utah law bars felons from holding elective office for at least a decade after their conviction or their conviction has been expunged. However, Utah’s ban likely would not apply to Trump.
The forms to file for non-federal offices in Utah specify that felons are ineligible. The forms for Congress, U.S. Senate and President only say a candidate must meet requirements outlined in the U.S. Constitution.
Former Utah County Clerk Josh Daniels says it would take an extraordinary use of pretzel logic to apply Utah’s ban on felons holding office to Trump — but the convictions could hurt Trump elsewhere.
“Most state laws that bar someone from running are about whether they can appear on the ballot. In Utah, they’re barred from holding office, which might mean they can run but cannot take office if they win,” Daniels says. “I suppose someone could try to disqualify Trump if he wins, setting up a legal battle.”
He points to the controversy that swirled around Republican Trent Christensen when he entered the race for attorney general this year. The Utah Constitution requires a person to be a member of the Utah Bar to hold that office. Christensen was not licensed to practice law in Utah and would have been unlikely to meet that requirement before taking office had he won.
“Theoretically, he could have won and then been disqualified from taking office,” Daniels said.
While Trump’s status as a felon won’t keep him off the ballot in Utah, there is a possibility he could be excluded from the ballot in Washington, which has a law barring convicted felons from appearing on the ballot. The statute, modified in 2016, allows any voter to “challenge the right of a candidate” to appear on the ballot for several reasons, including being convicted of a felony.
