Can a convicted felon run for office in Texas after finishing their sentence?

Plain-English summary

A felony conviction in Texas does more than impose a sentence; it strips away certain rights of citizenship, including the right to vote, the right to serve on a jury, and the right to seek and hold public office. The Webb County Attorney asked the AG a question that comes up around election filing season: if a person convicted of a felony finishes their sentence and gets their voting rights back, are they automatically eligible to run for office again? A local candidate had argued that completing probation and regaining the vote counted as a "judicial release" from his office-holding disabilities.

The AG said the two rights do not rise and fall together. The Election Code handles voting and office-holding in separate provisions with different rules. For voting, section 11.002(a)(4) lists three ways a convicted felon's eligibility comes back: fully discharging the sentence (including incarceration, parole, or supervision, or completing probation), a pardon, or a release from the disability to vote. For holding office, section 141.001(a)(4) lists only two: a pardon, or being "otherwise released from the resulting disabilities." Critically, completing the sentence is not on the office-holding list, and section 141.001 does not pull in the automatic-restoration rule from the voting statute. The Legislature knows how to write automatic restoration when it wants to, and it did so for voting but not for office.

Reading the plain language, the AG concluded that the automatic restoration of voting rights through completing a sentence does not also restore eligibility to hold public office. Several federal courts construing Texas law had reached the same result, holding that a Texas felon whose right to vote was restored was still barred from seeking and holding office. So getting the vote back is not enough; office eligibility requires a pardon or a release from the resulting disabilities.

The AG then explained what a "release from disabilities" actually involves, since the requester noted the term is not well defined in case law. Texas statutes supply several routes, none of which happen automatically when a sentence ends. Judicial clemency under Code of Criminal Procedure article 42A.701 lets a judge, in a community-supervision case, set aside the verdict and dismiss the charge, releasing the defendant from penalties and disabilities (with caveats). An executive pardon under article 48.01 removes civil disabilities but requires a written recommendation from the Board of Pardons and Paroles. And article 48.05 provides for restoration of civil rights, though that path applies only to federal offenses and offenses under the laws of another country, with the Governor issuing a certificate that operates as a form of pardon. Each is a deliberate act, not an automatic consequence of finishing the sentence.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant for those who asked

County and local election officials: At the time of the opinion, the AG read the Election Code to mean a felon who regained the right to vote by completing a sentence was still ineligible to hold public office without a pardon or release from disabilities. The opinion gave officials a basis to distinguish voting eligibility from office eligibility when reviewing a candidate.

People with a felony conviction considering a run for office: The opinion explained that restoring the vote does not, by itself, make them eligible to hold office, and described the separate pardon and release-of-disabilities routes that do.

Candidates and opponents in eligibility disputes: The opinion clarified that the argument "I can vote again, so I can hold office" does not hold up under the plain text of sections 11.002 and 141.001.

Common questions

If I finished my felony sentence and can vote again, can I run for office in Texas?
The AG concluded not automatically. Election Code section 141.001(a)(4) requires a pardon or release from the resulting disabilities to be eligible for office; completing the sentence alone restores voting but not office eligibility.

Why does completing a sentence restore voting but not office-holding?
The AG explained the Legislature wrote three restoration routes into the voting statute (including completing the sentence) but only two into the office statute (pardon or release from disabilities), and did not carry the automatic-restoration rule over to office eligibility.

What counts as a "release from the resulting disabilities"?
The AG pointed to judicial clemency under Code of Criminal Procedure article 42A.701, an executive pardon under article 48.01, and restoration of civil rights under article 48.05, noting article 48.05 applies only to federal or foreign offenses.

Does any of this happen automatically when the sentence ends?
No. The AG concluded that, unlike the restoration of voting rights, none of the release-from-disabilities mechanisms apply automatically upon completion of a sentence.

Background and statutory framework

A felony conviction in Texas results in the loss of civil rights including the right to vote, to seek and hold public office, and to serve on a jury (United States v. Thomas; United States v. Cassidy; Texas Constitution article XVI, section 2; Election Code sections 141.001(a)(4) and 11.002(a)(4); Government Code section 62.001(f); Code of Criminal Procedure article 19.08(7)). Those rights may be restored by executive pardon, judicial release of disabilities, or operation of statute (Easterwood v. State; Code of Criminal Procedure article 42A.701; Election Code section 11.002(a)(4)).

The AG compared the two Election Code provisions. Section 11.002(a)(4) restores voting eligibility on completion of the sentence, a pardon, or release from the disability to vote (and section 13.001(a)(4) provides the same for voter registration). Section 141.001(a)(4) restores office eligibility only on a pardon or release from the resulting disabilities. Because section 141.001 omits the completion-of-sentence route and does not incorporate it, the AG concluded automatic restoration of voting does not restore office eligibility, citing FM Properties Operating Co. v. City of Austin and EXLP Leasing, LLC v. Galveston Central Appraisal District on plain-meaning construction, and United States v. Huff and United States v. Maines, which held a Texas felon whose vote was restored remained barred from office. The opinion noted other office-removal provisions in Local Government Code sections 21.031 and 87.031, and that a "finally convicted" felon is one who has exhausted appeals (Arbuckle v. State).

On release from disabilities, the AG described judicial clemency under article 42A.701 (and 42A.701(f)), executive pardon under article 48.01 (and 48.01(a), with 37 Texas Administrative Code section 141.111(16) defining "full pardon"), and restoration of civil rights under article 48.05 (subsections (a)(1), (a)(2)(A)-(B), (c)-(g), (i), (k)), emphasizing none apply automatically on completion of a sentence. It cited H-587 (1975) on the deprivation of citizenship rights and the limited case-law definition of restoration.

Citations

Constitutional, statutory, and regulatory provisions:

• Tex. Const. art. XVI, § 2
• Tex. Elec. Code § 141.001(a)(4); § 11.002(a); § 11.002(a)(4)(A)-(B); § 13.001(a)(4)
• Tex. Gov't Code § 62.001(f)
• Tex. Code Crim. Proc. art. 19.08(7); art. 42A.701; art. 42A.701(f); art. 48.01; art. 48.01(a); art. 48.05; art. 48.05(a)(1); art. 48.05(a)(2)(A)-(B); art. 48.05(c)-(g); art. 48.05(i); art. 48.05(k)
• Tex. Loc. Gov't Code § 21.031; § 87.031
• 37 Tex. Admin. Code § 141.111(16)

Cases:

• United States v. Thomas, 991 F.2d 206, 211, 214 (5th Cir.), cert. denied, 510 U.S. 1014 (1993)
• United States v. Cassidy, 899 F.2d 543, 549 (6th Cir. 1990)
• Easterwood v. State, 31 S.W. 294, 297 (Tex. Crim. App. 1895)
• FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868, 885 (Tex. 2000)
• United States v. Huff, 370 F.3d 454, 461 (5th Cir. 2004)
• United States v. Maines, 20 F.3d 1102, 1104 (10th Cir. 1994)
• EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist., 554 S.W.3d 572, 582 (Tex. 2018)
• Arbuckle v. State, 105 S.W.2d 219, 222 (Tex. Crim. App. 1937)

Attorney General opinions:

• Tex. Att'y Gen. Op. No. H-587 (1975)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/ken-paxton/kp-0251
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp0251.pdf

Original opinion text

KEN PAXTON
ATTORNEY GENERAL OF TEXAS

May 22, 2019

The Honorable Marco A. Montemayor Opinion No. KP-0251
Webb County Attorney
1110 Washington Street, Suite 301 Re: Whether individuals convicted of a felony
Laredo, Texas 78040 are eligible to run for office in Texas after
completing their sentence and having their
voting rights restored (RQ-0257-KP)

Dear Mr. Montemayor:

     You ask "whether individuals convicted of a felony are eligible to run for office in this state after completing their sentence and having their voting rights restored."1 You tell us about a candidate for local office who alleges that "fulfilling his probation and having his voting rights restored counts as a judicial release from his [public-office holding] disabilities." Request Letter at 2. The statement suggests that the restoration of the voting rights of a convicted felon also restores the individual's eligibility to hold public office. See id. You seek clarification on the matter. See id.

     "Conviction for a felony in Texas carries with it, besides a judicially determined punishment, a deprivation of certain rights of citizenship." Tex. Att'y Gen. Op. No. H-587 (1975) at 2. A felony conviction results in the loss of civil rights including "the right to vote, the right to seek and hold public office, and the right to sit on a jury." United States v. Thomas, 991 F.2d 206, 211, 214 (5th Cir.) (construing Texas law) (citations omitted), cert. denied, 510 U.S. 1014 (1993); United States v. Cassidy, 899 F.2d 543, 549 (6th Cir. 1990) (describing "those rights accorded to an individual by virtue of his citizenship" to include the right to vote, the right to seek and hold public office, and the right to serve on a jury); see also TEX. CONST. art. XVI, § 2 (authorizing laws excluding from office persons convicted of specified offenses); TEX. ELEC. CODE §§ 141.001(a)(4) (public office eligibility), 11.002(a)(4) (voting eligibility); TEX. GOV'T CODE § 62.001(f) (trial jury eligibility); TEX. CODE CRIM. PROC. art. 19.08(7) (grand jury eligibility). These rights may be restored in several ways depending on the right, including an executive pardon, a judicial release of disabilities, or by operation of statute. See Easterwood v. State, 31 S.W. 294, 297 (Tex. Crim. App. 1895) (executive pardon); TEX. CODE CRIM. PROC. art. 42A.701 (judicial release); TEX. ELEC. CODE § 11.002(a)(4)(A)-(B) (restoration of voting rights).

     In addressing your question, we consider two key Election Code provisions governing eligibility requirements to hold public office and voter qualifications. Subsection 141.001(a)(4) provides that a finally convicted felon2 is not eligible to hold public office if the "person has not been pardoned or otherwise released from the resulting disabilities."3 TEX. ELEC. CODE § 141.001(a)(4). Subsection 11.002(a) sets forth the requirements for a qualified voter. Id. § 11.002(a). In the case of a convicted felon, subsection 11.002(a)(4) requires the person to have "fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or ... been pardoned or otherwise released from the resulting disability to vote." Id. § 11.002(a)(4)(A)-(B) (emphasis added); see also id. § 13.001(a)(4) (providing same for eligibility to register to vote).

      Subsection 11.002(a)(4) identifies three ways for a convicted felon to restore his or her ability to vote: the completion of his or her sentence, a pardon, or a release from the disability to vote. See id. § 11.002(a)(4)(A)-(B). In contrast, subsection 141.001(a)(4) recognizes only two methods for a convicted felon to be eligible to hold public office: a pardon or being released from the disability to hold public office. See id. § 141.001(a)(4). Unlike subsection 11.002(a)(4), subsection 141.001(a)(4) does not automatically restore a convicted felon's eligibility to hold public office upon the completion of the individual's sentence. See FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868, 885 (Tex. 2000) (relying on the principle of statutory construction that the Legislature knows how to enact laws effectuating its intent). Nor does section 141.001 incorporate the restoration of rights on the completion of the sentence from subsection 11.002(a)(4)(A). Construing the plain language of the two provisions, multiple courts have concluded that the automatic restoration of the right to vote to a convicted felon through the completion of his or her sentence does not also restore his or her eligibility to hold public office. See United States v. Huff, 370 F.3d 454, 461 (5th Cir. 2004) (concluding that defendant was not "otherwise released from the resulting disabilities" of his felony conviction under subsection 141.001(a)(4) when his rights to vote and to possess firearms were restored); United States v. Maines, 20 F.3d 1102, 1104 (10th Cir. 1994) (holding that although Texas felon's right to vote in Texas had been restored, subsection 141.001(a)(4) precluded his seeking and holding office); see also EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist., 554 S.W.3d 572, 582 (Tex. 2018) (recognizing that "[l]egislative intent is best expressed by the plain meaning of the text").

     You also ask about a judicial release from the "resulting disabilities." Request Letter at 1-2. You suggest that "there is no legal precedent defining what constitutes a judicial release." Id. at 1; see also Tex. Att'y Gen. Op. No. H-587 (1975) at 4 (acknowledging that "[r]estoration of civil rights has not been defined in case law and appears only" in statute). But Texas statutes provide several methods to obtain a release from disabilities resulting from a conviction. Judicial clemency is contained in Code of Criminal Procedure article 42A.701. TEX. CODE CRIM. PROC. art. 42A.701. It authorizes a judge, in a case in which the defendant has been placed on community supervision, to set aside the verdict and dismiss the charging instrument against the defendant. See id. art. 42A.701(f). A defendant who receives a discharge and dismissal thereunder "is released from all penalties and disabilities resulting from the offense" with certain caveats. Id.

   In addition to a judicial release, other avenues provide for the release of civil disabilities.4 An executive pardon obtained under Code of Criminal Procedure article 48.01 would also remove a convicted felon's civil disabilities. See id. art. 48.01; see also 37 TEX. ADMIN. CODE § 141.111(16) (defining "[f]ull pardon" to mean "[a]n unconditional act of executive clemency by the Governor which serves to release a person from the conditions of his or her sentence and from any disabilities imposed by law thereby"). One seeking a pardon, after a conviction or successfully completing a term of deferred adjudication community supervision, must first receive a written recommendation from the Board of Pardons and Paroles. See TEX. CODE CRIM. PROC. art. 48.01(a).

     In article 48.05, the Code of Criminal Procedure also provides for the "restoration of civil rights." Id. art. 48.05. Article 48.05 permits an individual convicted of certain offenses to "submit an application for restoration of any civil rights forfeited under the laws of this state as a result of the conviction." Id. art. 48.05(a)(1); see also id. art. 48.05(c)-(g) (setting out procedural requirements). The article applies to only federal offenses and offenses under the laws of another country.5 Id. art. 48.05(a)(2)(A)-(a)(2)(B). If the Governor grants the restoration, the Governor "shall issue a certificate of restoration of civil rights." Id. art. 48.05(i). The certificate is a "form of pardon that restores all civil rights of this state ... [forfeited] as a result of the individual's conviction of an offense, except as specifically provided in the certificate of restoration." Id. art. 48.05(k). While Texas statutes provide these mechanisms for obtaining a release from the disabilities resulting from a conviction, unlike the restoration of voting rights under Election Code subsection 11.002(a)(4), none of them apply automatically upon completion of a sentence.

                                  SUMMARY

                  Subsection 141.001(a)(4) of the Election Code provides that to be eligible as a candidate for public office a person must "have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities."

                 The restoration of a convicted felon's qualification to vote under Election Code subsection 11.002(a)(4)(A) after fully discharging a sentence does not restore his or her eligibility to hold public office under Election Code subsection 141.001(a)(4).

                                         Very truly yours,

                                         KEN PAXTON
                                         Attorney General of Texas

JEFFREY C. MATEER
First Assistant Attorney General

RYAN L. BANGERT
Deputy Attorney General for Legal Counsel

VIRGINIA K. HOELSCHER
Chair, Opinion Committee

CHARLOTTE M. HARPER
Assistant Attorney General, Opinion Committee

1Letter from Honorable Marco A. Montemayor, Webb Cty. Att'y, to Honorable Ken Paxton, Tex. Att'y Gen. at 1 (Nov. 27, 2018), https://www2.texasattorneygeneral.gov/opinion/requests-for-opinion-rqs ("Request Letter").
2A finally convicted felon is one who has exhausted all available appeals. See generally Arbuckle v. State, 105 S.W.2d 219, 222 (Tex. Crim. App. 1937).
3Provisions specific to different types of governmental bodies also restrict a convicted felon's right to hold public office. See e.g., TEX. LOC. GOV'T CODE §§ 21.031 (felony conviction operates to remove municipal officer from office), 87.031 (felony conviction operates to remove county officer from office).
4See Letter from Mr. Adam Bitter, Gen. Counsel, Office of the Tex. Sec'y of State at 4 (Jan. 4, 2019) (on file with the Op. Comm.) (discussing, among other things, a writ of habeas corpus).
5Whether a federal offense or an offense under the laws of another country, the offense must not be one including "violence or the threat of" violence, drugs, or firearms. TEX. CODE CRIM. PROC. art. 48.05(a)(2)(A)(i)-(iii), (a)(2)(B)(i)-(iii).