Can Ted Stevens Vote for Himself? Not Anymore

The New York Times reports, correctly, that Sen. Stevens can run for reelection despite his convicted felon status:

"Despite being a convicted felon, [Sen. Ted Stevens] is not required to drop out of the race or resign from the Senate. If he wins re-election, he can continue to hold his seat because there is no rule barring felons from serving in Congress. The Senate could vote to expel Stevens on a two-thirds vote."

Ironically, though, it looks like Stevens may not be able to vote for himself. Felons whose crimes involve "moral turpitude" (defined by state law to include bribery, Alaska Stat. 15.60.010(9)) cannot vote in Alaska, at least until their civil rights are restored, which only happens when "a person is released from all disability arising under a conviction and sentence, including probation and parole." (The statute is at this citation: Alaska Stat. 15.60.010(39).) Deregistration from the voting rolls is automatic upon conviction.

Stevens was convicted of violating ethics disclosure rules. Technically the indictment charged violation of the federal criminal statute 18 U.S.C. 1001, which makes it a crime to knowingly fill out a federal form falsely. I guess the question now is whether that offense fits within the definition of a "felony involving moral turpitude" under Alaska law, below:

(9) "felony involving moral turpitude" includes those crimes that are immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery device, offering a false instrument for recording, scheme to defraud, falsifying business records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, promoting contraband, interference with official proceedings, receiving a bribe by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical evidence, hindering prosecution, terroristic threatening, riot, criminal possession of explosives, unlawful furnishing of explosives, promoting prostitution, criminal mischief, misconduct involving a controlled substance or an imitation controlled substance, permitting an escape, promoting gambling, possession of gambling records, distribution of child pornography, and possession of child pornography;

I would guess it does, but I invite input from the legal experts out there in the comments. If I'm right about that, Stevens joins the 5.3 million Americans who will be denied the right to vote because of their status as felons. In about a dozen states, one can lose the right to vote even after your probation is over. More on that issue generally here.

UPDATE: See the discussion below in the comments regarding whether Stevens is officially "convicted" (for purposes of the Alaska voter laws) upon the jury issuing its verdict, or whether something more needs to happen -- the judge issuing a final sentence (which won't happen here until February), or a "judgment of conviction" under Federal Rule of Criminal Procedure 32(k), which would include the results of the sentencing (and thus would also issue far after the election). Murky issues like this, at the intersection of state and federal law, are what we lawyers get paid the big bucks to sort out.

--October 27, 2008

Comments

[HLM]

While we’re all in the mood for silly scenarios, try this:

It’s likely Stevens will be re-elected (we are all witness to the sense and sensibilities of the Alaska voters); he then may decide to step down, at which time the Governor of Alaska (remember the Governor of Alaska?) has the power to name anyone -- that’s anyone -- to serve out the remainder of Stevens’s six year term.

How does Senator Todd Palin sound?

Or better yet: (lawyers please) is she legally permitted to name herself?

I’ll wager the fun and games are about to begin in earnest.

[Shayana Kadidal - Huffpost Blogger]

See some of the earlier comments -- this rule was changed in 2004 and now the Governor has to call a special election to fill the vacant Senate seat..

[PrairieDem]

More important that can Uncle Ted vote for himself is whether or not Bush can give him a PARDON before he is sentenced. Given that the sentencing is scheduled for February, if a president can not give a pardon before someone is sentenced, we may actually see Stephens go to jail.

[wmfor]

Senator Levi Johnston?

[NotMcCain]

Stephens aside, how ironic that convicted felons can't vote in parts of the U.S.....

....but they CAN serve in Congress.

That's just weird.

[demdemdem]

In most places, a person must be an eligible voter to run for office....­.....could Stevens be disqualified since he is not an eligible voter???

[primitivedreamer]

Good call dem,

I checked the state of Alaska website and it states:

"A convicted felon may not register to vote unless unconditionally discharged from custody. When you are no longer on probation, a copy of your discharge papers will allow you to register."

See: http://www.elections.alaska.gov/faqs.php#cand

I checked the official Alaska candidate handbook and one of the qualifications is that:

"the candidate is a qualified voter as required by law."

See: http://www.elections.alaska.gov/forms/b05.pdf

[DinkSinger]

No, the US Supreme Court has ruled that the qualifications for Federal elective office are limited to those specified in the Constitution.

[Shayana Kadidal - Huffpost Blogger]

Right: see U.S. Term Limits v. Hill, 514 U.S. 779 (1995) ("an impressive number of courts have determined that States lack the authority to add qualifications. ... Courts have struck down state imposed qualifications in the form of ... restrictions on those convicted of felonies..­.")

[cdemackio]

Forget about voting for himself. Would he even be allowed to vote in the senate?

[girlwild]

He has been convicted but is still unsentenced, thus he can still vote, unless he's sentenced prior to Election Day.

[slwkf]

Is there any chance President Bush could pardon Stevens as one of his last official acts before leaving office? Since Stevens would likely not have been sentenced by then, would a pardon still exonerate him if he hasn't been formally convicted yet?

[mheister]

There's certainly a precedent for that. Ford pardoned Nixon before the former president was actually charged with any crime.

Or Bush could do as he did with Scooter Libby and commute the sentence, if Stevens if sentenced before 20 JAN 2009.

[Mozart123]

Obviously a senator has no need for his civil rights.

[Jellybelly]

The Republican Senate wanted Larry Craig to leave for his problems but not David Vitter. Let's see what they say about Ted Stevens.

[triplbee]

The GOP was offended by Larry Craig and Mark Foley because they are gay. David Vitter is just a red blooded John who regularly sleeps with prostitutes. Trust me, the GOP will stay behind Stevens.

[LettaRose]

Since convicted felons can serve in congress - and let's face it: a lot of senators and representatives are potentially felons, just not convicted - we should draft some smart ex-cons to the government. They have already been there, done that, and probably don't want to go back. So, they would have their eye on the ball, and maybe pass some important legislation. Or, we could just give every one of our senators and representatives $1,000,000 each year to take the place of the lobbyist handouts. (Is $1M enough these days?) That way they could go on the golf trip to Ireland, take the private plane to the super bowl and stay at the luxury hotel, buy $150,000 worth of clothes (to be donated to charity once they are done with them), and whatever else they want - they could even donate some of the money to a favorite pork-barrel project in their home state.

We could make honest men and women out of our politicians!

[Frannyvida]

Speaking of Ireland, can you believe that on Meet the Press and on the Stump, McSame is still talking out loud about American companies continuing to operate overseas in places like Ireland because of the difference in costs and taxes? Why aren't people outraged by this? It's not like I'm completely against free trade, but I'd say it's more than a tad lopsided. If people only realized how many containers leave this Country empty just so that they can come back full of cheap Chinese goods, they would never want to walk into another 99/c Store if even for a lousy toothbrush.

[TXfemmom]

I am sorry, but a convicted felon should not be permitted to step foot in the Senate, much less be permitted to serve in it.

[MsCanadian]

Thank you. What kind of a system allows this criminal to stand for re-election? A thoroughly corrupt one! And what kind of people would vote for this man?!

[Aurin]

He can't vote but he can still be a Senator?!?!
There is no law that says convicted felons can't hold a seat in the Senate?!?!
I hope that this changes when Obama is President.

Obama-Biden 2008-2016

[ESerafina42]

Wasn't Eugene Debs elected to office while actually serving a jail term for something really horrible like reading the Constitution in public? I guess we need to retain that right, given the possibility that those in power may choose to arrest and lock up their political opponents, even if it also benefits real creeps like Stevens. I hope they do re-elect him and that the Senate then votes to expel him.

[Bitsko]

Mr. Debs was Socialist Party candidate for in 1904, 1908, 1912, and 1920, the final time from prison. Unfortunately, he did not win.

[ESerafina42]

Egad - a REAL Socialist. :)

[gbw1954]

That old absentee thing... oh well Ted I guess that idea of follow the law stuff still sorta kinda is true... hey if you get out before you are 90 there may still be time to explore a come back... make a note though to fill out the forms with the truth... I know it is complicated but give Piper Palin a call... sounds like she is a sharp cookie and she can be your go to girl for the truth...

[truthskr]

Well, I'm sure is Bachmann's eyes, Stevens, convicted felon or not, is still a true patriot, unlike all of the anti-Americans (read: tax-paying, law-abiding Democrats) she bears the burder of sharing both HER nation and her Congress with.

[RingWorlder]

The election will help many Republican Senators and Congressional representatives that they should follow the law - the law of SYA.