Well handcuffed, yet hardly humbled on his way to eight years in jail, former U.S. Rep. James Traficant of Ohio seized the moment to announce his candidacy for a tenth term in the U.S. Congress.

"Quite frankly, I expect to be re-elected," Traficant told U.S. District Judge Lesley Wells moments after she pronounced the sentence against him. Can he do that? Can a convicted -- and jailed -- felon actually run for election and serve in the United States Congress?

What the Constitution says
Let's review the minimum qualifications for the only three elected political offices established by the U.S. Constitution:

Representative - Persons elected to and serving in the House of Representative must be: At least 25-years old, U.S. Citizens for seven years and must be inhabitants of the state from which they are elected at the time of the election. (Article I, Section 2)

"Under these reasonable limitations," wrote Alexander Hamilton in the Federalist Papers No. 52, "the door of this part of the federal government is open to merit of every description, whether native or adoptive, whether young or old, and without regard to poverty or wealth, or to any particular profession of religious faith."

Senator -  Persons elected to and serving in the Senate must be: At least 30-years old, U.S. Citizens for nine years and must be inhabitants of the state from which they are elected at the time of the election. (Article I, Section 3)

President - Persons elected to and serving as President of the United States must be: At least 35-years old, natural-born U.S. citizens and have resided within the United States for at least 14 years at the time of the election. (Article II, Section 1)

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. 

After commenting during his trial that he planned to escape from jail, Traficant was classified as a flight-risk inmate by the BOP. Federal prisoners considered flight-risks are rarely, if ever, allowed participation in work release or furlough programs.

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. 

Traficant today
James Traficant, age 61, is now incarcerated at the Allenwood Federal Corrections Institution. Registered as Inmate Number 31213-060, he is scheduled for release on July 17, 2009. Persons wishing to write to Mr. Traficant should address their letters to:

Mr. James Traficant #31213-060
F.C.I. Allenwood 
P.O. Box 1500 
White Deer, Pennsylvania 17887
Phone: 570-547-1990 - Fax: 570-547-1740

Note: All mail to federal prisoners is opened and censored by prison officials prior to delivery.