>>1419607 (Q LB)
>Can you serve from jail?
Q: Can a convicted felon serve in elected office?
A: The Constitution allows a convicted felon to be a member of Congress, even if in prison. It’s up to the Senate or House to decide who may serve. As for state offices, different laws apply in different places.
FULL ANSWER
Alaska Sen. Ted Stevens was convicted on seven felony counts of corruption in late October. Stevens ran for reelection Nov. 4 against Democrat Mark Begich, and the two are awaiting the official results, as votes are still being counted. Begich’s lead increased to about 1,000 votes on Nov. 15, however.
It is possible for a felon to serve in the U.S. Congress – but the House and Senate can vote to expel any member that colleagues deem unfit or unqualified to serve. And even if Stevens does end up winning the election in Alaska, he faces a probable expulsion vote in the Senate. He says he’ll appeal his conviction, and he has yet to be sentenced.
Update: Begich was declared the winner of the election on Nov. 18, 2008. A federal judge dismissed Stevens’ conviction April 7, 2009, citing prosecutorial misconduct.
Federal office qualifications are governed by the Constitution, while state-level office rules vary according to state laws.