Can You Run in an Election if You’ve Been Convicted of a Crime?  

Understanding the Law
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Despite a criminal conviction and many pending charges, former U.S. President Donald Trump is running for president again as the Republican Party nominee in the upcoming November 5th elections. Could a person facing criminal charges or convicted of a crime run for office in Quebec? 

On May 30, 2024, for the first time ever, a former U.S. president was convicted in a criminal trial. Donald Trump was found guilty of falsifying documents.

He will be sentenced on November 26, 2024, 21 days after the results of the presidential election. He could receive a fine, probation, or even a prison sentence of up to four years. 

Two systems, different approaches 

Even though we are neighbours, the Canadian and American electoral systems are quite different, particularly regarding the impact of criminal convictions on candidates. In the U.S., there’s no law preventing convicted or incarcerated persons from running for office. In Quebec, although certain restrictions exist, they are less strict than you might think.  

Many Canadians can vote 

In 2021, nearly 700,000 Canadians claimed to hold U.S. citizenship as well. This means that many people residing in Canada could be eligible to vote in the presidential elections on November 5, 2024!

Who can run in an election? 

To run in a Quebec election, you must also be allowed to vote. This means you must  

  • be at least 18, 
  • be a Canadian citizen, and 
  • have lived in Quebec for at least six months. 

So, if you meet these three criteria, and do not fall under one of thef exclusions mentioned below, you can run in the next provincial election.  

The impact of a conviction 

In Quebec, as in the rest of Canada, a person facing criminal charges is innocent until proven guilty (that is, until convicted by a court). Therefore, no law prevents them from running for office in Quebec.  

 However, if a person has been convicted of a crime with a maximum sentence of two years in prison (or more), they cannot run in a provincial election until they have completed their sentence. After completing their sentence, they can run in an election and serve in the National Assembly if elected, despite having a criminal record

Other people excluded 

Some people are excluded from running in elections in Quebec. These include: 

  • judges, 
  • the Chief Electoral Officer, 
  • returning officers, 
  • official agents of a candidate or a political party, and 
  • members of the Parliament of Canada 

Temporary exclusions also apply to someone who ran in a previous election and has not yet paid all the debts resulting from their election expenses or has not filed a return of election expenses by the required deadline. 

Did you know? 

In the United States, election rules differ from state to state. Despite his conviction, Donald Trump will be able to vote on November 5th because the law in the state of New York, where he was convicted, allows him to vote as long as he is not incarcerated.

In Canada, any incarcerated person aged 18 or over has the right to vote, but this has not always been the case. In 1993, the right to vote was granted to those detained for less than two years. Then, in 2002, the Supreme Court ruled that denying the right to vote to those serving longer sentences violated the Canadian Charter of Rights and Freedoms. Since then, all incarcerated Canadians have the right to vote.