Can a Felon Run for Public Office in Pennsylvania? Legal Guide

A convicted felon can run for public office in Pennsylvania, but eligibility depends on the crime, sentence completion, and specific office sought. Pennsylvania’s Constitution and election laws impose restrictions only for certain felonies tied to public corruption or election fraud, not all felony convictions.

This guide explains Pennsylvania’s legal framework, step-by-step eligibility requirements, restoration processes, and common pitfalls for felons seeking elected positions.

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1. Pennsylvania Constitution: Article II, Section 7

The Pennsylvania Constitution explicitly disqualifies individuals from holding public office if convicted of:

• Embezzlement of public moneys
• Bribery
• Perjury
• Other infamous crimes (defined as felonies involving moral turpitude or public corruption under 18 Pa. Cons. Stat. § 106)

Key Point: Only felonies classified as "infamous crimes" trigger disqualification. Most felonies (e.g., drug possession, assault) do not bar candidacy unless tied to public trust violations.

2. Election Code: 25 P.S. § 2868

Pennsylvania’s Election Code reinforces constitutional disqualifications but does not expand them. It requires candidates to file an Affidavit of Eligibility (Form DSCB:55-13) with the county election board, swearing they meet all legal qualifications, including no disqualifying convictions.

3. Federal Law: U.S. Constitution, Article I, Section 3

Federal offices (e.g., U.S. Senator, Representative) follow the U.S. Constitution, which imposes no felony disqualifications. However, Pennsylvania’s state-level restrictions may still apply to state or local offices.

4. Restoration of Rights: 18 Pa. Cons. Stat. § 9122

Felons regain voting rights automatically upon completion of their sentence (including probation/parole). However, candidacy rights are restored only if:

• The conviction is pardoned by the Pennsylvania Board of Pardons, or
• The felony is not an "infamous crime" under Article II, Section 7.

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1. Verify Eligibility

Before running, confirm:

• ✅Conviction Type: Is the felony an "infamous crime" (e.g., bribery, embezzlement)? If no, proceed.
• ✅Sentence Status: Are you fully discharged from incarceration, probation, and parole? If yes, proceed.
• ✅Office Type: Are you running for a state/local office (e.g., mayor, school board)? Federal offices have no felony restrictions.

Example: A felon convicted of drug trafficking (not an infamous crime) can run for city council. A felon convicted of bribery (infamous crime) cannot unless pardoned.

2. File Candidacy Paperwork

Submit the following to the county election board (deadlines vary by election cycle):

• Nomination Petition: Collect signatures from registered voters (number varies by office; e.g., 500 for state representative).
• Affidavit of Eligibility (Form DSCB:55-13): Sworn statement confirming no disqualifying convictions.
• Filing Fee: Ranges from $50–$200 depending on the office.

Where to File:
- County Election Office: Find your county’s office via the PA Department of State.
- Deadline: Typically February–March for primary elections; August for general elections.

3. Disclose Convictions (If Applicable)

• Not Required: Pennsylvania does not mandate disclosure of non-disqualifying felonies on candidacy forms.
• Recommended: Voluntarily disclose to avoid challenges (opponents may file objections under 25 P.S. § 2937).

4. Handle Legal Challenges

If an opponent or voter files an objection to your candidacy:

• Hearing: The county election board holds a hearing within 5 days.
• Burden of Proof: The challenger must prove your conviction is an "infamous crime."
• Appeal: Decisions can be appealed to the PA Commonwealth Court within 10 days.

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1. Misclassifying the Felony

• Pitfall: Assuming all felonies disqualify you. Only "infamous crimes" do.
• Solution: Consult the PA Crimes Code (18 Pa. Cons. Stat. § 106) or a criminal defense attorney.

2. Incomplete Sentence Discharge

• Pitfall: Running while still on probation/parole (even if voting rights are restored).
• Solution: Wait until full discharge (including fines/restitution).

3. Federal vs. State Offices

• Pitfall: Believing federal offices have the same restrictions as state offices.
• Solution: Federal offices (e.g., U.S. Congress) have no felony disqualifications, but state/local offices do.

4. Pardon Delays

• Pitfall: Assuming a pardon is quick. The PA Board of Pardons process takes 12–24 months.
• Solution: Apply early via the Board of Pardons website.

5. Penalties for False Affidavits

• Consequence: Filing a false Affidavit of Eligibility is a third-degree felony (up to 7 years in prison and $15,000 fine) under 18 Pa. Cons. Stat. § 4904.

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### Can a felon run for governor in Pennsylvania?

No. The Pennsylvania Constitution (Article IV, Section 4) requires the governor to be a qualified elector, which excludes individuals convicted of infamous crimes unless pardoned.

### What felonies disqualify you from running for office in PA?

Only felonies classified as "infamous crimes" under Article II, Section 7 of the PA Constitution, including:

• Bribery
• Embezzlement of public funds
• Perjury
• Election fraud

### How do I restore my right to run for office in Pennsylvania?

Two options:

1. Pardon: Apply through the PA Board of Pardons. Requires a hearing and governor’s approval.
2. Expungement: Only available for summary offenses or ARD program completions (not felonies).

### Can a felon run for U.S. Congress in Pennsylvania?

Yes. The U.S. Constitution imposes no felony disqualifications for federal offices (e.g., U.S. Senator, Representative). However, state/local offices may still have restrictions.

### What happens if I lie about my felony on candidacy forms?

Filing a false Affidavit of Eligibility is a third-degree felony under 18 Pa. Cons. Stat. § 4904, punishable by:

• Up to 7 years in prison
• $15,000 fine
• Automatic removal from the ballot if discovered

### Can a felon run for school board in Pennsylvania?

Yes, unless the felony is an infamous crime (e.g., child endangerment, fraud involving public funds). School board candidates must file the same Affidavit of Eligibility as other offices.

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Action Plan for Felons Running for Office

1. Confirm Conviction Type:
• Check if your felony is an "infamous crime" under Article II, Section 7.
• Use the PA Crimes Code or consult an attorney.

2. Complete Sentence Requirements:
• Ensure full discharge from incarceration, probation, and parole.
• Pay all fines, restitution, and court costs.

3. Restore Rights (If Needed):
• Apply for a pardon via the PA Board of Pardons.
• Wait 12–24 months for processing.

4. File Candidacy Paperwork:
• Collect nomination signatures (varies by office).
• Submit Affidavit of Eligibility (Form DSCB:55-13) to the county election board.
• Pay the filing fee ($50–$200).

5. Prepare for Challenges:
• Disclose your conviction voluntarily to avoid objections.
• Consult an election law attorney if challenged.

Official Contacts & Resources

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Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. For specific legal guidance, consult a licensed Pennsylvania attorney.