Blagojevich can run for office again, at least on the federal level

Former Gov Rod Blagojevich said last weekend that he sees a political comeback in his future.

But can he, with both a felony conviction and impeachment on the books?

The answer is both yes and no.

While a unanimous vote during his January 2009 impeachment proceedings bars the Chicago Democrat from holding public office in the state of Illinois ever again, Blagojevich is still technically allowed to serve in Congress.

The prohibition on holding state or local office in Illinois, Senate Republican Leader Christine Radogno reminded members of the press Tuesday, is not contingent on the results of a retrial for Blagojevich.

If the legislature had not moved to ban him from office, Blagojevich would have been free to run for office after serving his time, a spokeswoman with the Illinois State Board of Elections said Tuesday. Only on the municipal level does a provision in the state's municipal code bar a felon - like former Wheeling trustee-elect Stuart Shapiro, who stepped down from office last spring.

Both the American Civil Liberties Union and Congressional Research Service point out that there are three constitutional qualifications for running for U.S. representative or senator: age, citizenship and residency in the state where elected.

Since states can't add qualifications for federal office, "the fact of conviction, even for a felony offense, could not be used to keep a candidate off the ballot. Once a person meets the qualifications... that person, if duly elected, is constitutionally 'qualified' to serve in Congress, even if a felon," according to the research center.

The same, theoretically, goes for president, as the listed requirements for candidates only include age, natural born citizenship, and residency in the country for the past 14 years.

The fact that Blagojevich has been impeached as a governor could serve as a deterrent, as the Constitution gives both the House and Senate the ability to expel elected lawmakers they determine are unfit to serve, with a two-thirds vote.

Blagojevich was convicted Aug. 17 on one of 24 counts pending against him - lying to the FBI. That charge carries up to five years in prison and a $250,000 fine. With a jury unable to reach a verdict on the 23 other charges, a judge declared a mistrial.

Federal prosecutors say they'll retry Blagojevich on the other counts, which include racketeering, wire fraud, and conspiracy. Blagojevich says he believes he'll be vindicated. Judge James Zagel is expected to set a new trial date at a Thursday hearing in Chicago.

The former governor made the statements about a political comeback to Fox News Sunday talk show host Chris Wallace.

When Wallace asked if he would run for office again, he answered, "If you're asking me, do I believe that there's a potential political comeback in the future, when I'm vindicated in this case, absolutely I do."

Several convicted felons have, in fact, run for office.

Economist and political activist Lyndon Larouche, who was convicted of mail fraud and tax code violations in the late 1980s, ran for both Congress and president while in jail, but lost.

In 1798, U.S. Rep. Matthew Lyon, of Vermont, ran for a second congressional term from prison and won. He took his seat in the House after spending four months behind bars for violating the Alien and Sedition Act.