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". . .The Constitution does not exclude or disqualify persons accused of crimes, convicted or jailed for crimes, or paroled from prison from running for and serving in the U.S. Congress or as President of the United States, as long as they are otherwise qualified to do so.
In Mr. Traficant's case, however, the fact that he will be serving his sentence in a Pennsylvania prison, rather than an Ohio prison, disqualifies him under the state habitation requirement of Article I, section 2 of the Constitution.
Can the states prevent convicts from running?
While the laws and constitutions of the states can exclude convicted persons from running for and serving in state and local elected offices, they cannot override the U.S. Constitution's qualifications for U.S. Representative, Senator or President of the United States. (Article VI)
Can convicts even vote?
Since it does not establish voter qualifications, the U.S. Constitution passes that power to the states under the Tenth Amendment, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Some states allow otherwise qualified convicts to vote, some do not. In some states, persons convicted of certain crimes can never regain their voting rights, even after serving their prison terms or being paroled.
Could Traficant have served in Congress if re-elected?
Nothing in the Constitution precludes convicted and incarcerated individuals from serving in Congress or as president. Had Mr. Traficant been jailed in Ohio and lawfully re-elected, he could have possibly attended sessions of the House under a work-release program. However, officials at the U.S. Bureau of Prisons (BOP) stated they would have objected to any such arrangement.
. . .
Wouldn't the House have just expelled Traficant again?
Maybe not. Considering themselves serving in "the people's chamber" of Congress, members of the House are reluctant to go against the will of the voters. Elected by voters in small, localized congressional districts, representatives are generally better known by voters and considered more personally answerable to them than senators, who are elected by voters statewide.
The people of Ohio's 17th Congressional District chose James Traficant to represent them in Congress nine times, all by landslide margins. His first election came after successfully defending himself against federal charges of corruption as county sheriff. He was last re-elected in 2000 by voters already aware of his possible indictment on the charges that ultimately sent him to jail.
Should James Traficant or any other person, though convicted and jailed, be elected to the House by voters fully aware of the candidate's criminal history, the House might not vote to override the will of the people.
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