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Could Bob Menendez run for re-election after being found guilty of corruption?

Embattled New Jersey Sen. Bob Menendez, a Democrat, was found guilty of all charges in his long-running corruption trial on Tuesday, but that may not be enough to prevent him from staying in office or continuing his campaign for reelection in November.

The jury found Menendez guilty of several charges, including racketeering, bribery, conspiracy, obstruction of justice, wire fraud and acting as a foreign agent. The jury deliberated for three days after a nine-week trial.

Shortly after the news broke, Menendez’s Democratic colleagues began calling for him to resign, with some even threatening to expel him.

Senate Majority Leader Chuck Schumer, Democrat of New York, issued a statement immediately following the verdict, calling on Senator Menendez to resign.

Schumer calls for Democrat Menendez to resign following conviction

Menendez can still run for reelection. (AP Photo/Alex Brandon, File)

“In light of this guilty verdict, Senator Menendez must do the right thing for his constituents, the Senate, and our country and resign,” Schumer said in a statement.

But Menendez said he plans to appeal the conviction.

“I am deeply disappointed by this decision,” Menendez said.

Schumer’s Democratic colleagues, including his New Jersey counterpart, have joined him in calling for Menendez to resign, with several even mentioning the possibility of expulsion, which could be used as the next step in removing Menendez from the Senate.

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Senator Chuck Schumer's Inflation Bill

Schumer called on Menendez to resign. (Kevin Dietsch/Getty Images)

Unless Menendez chooses to resign, which is unlikely, there is nothing to prevent him from remaining in Congress.

Likewise, there is nothing to prevent him from continuing to campaign as an independent for reelection to the New Jersey State Senate, which he is running for.

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Clouds over the Capitol

The Capitol in Washington, May 11, 2021. (AP Photo/J. Scott Applewhite)

And there’s nothing to prevent Menendez from serving as a senator while in prison, unless he loses the election.

The criteria for becoming a member of Congress are set out in Article I, Section 3, Clause 3 of the Constitution: Candidates must be at least 30 years of age, have held U.S. citizenship for at least nine years, and be a resident of the state they seek to represent at the time of the election.

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Constitution photo

United States Constitution (Aldon Barhama)

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Menendez could run for reelection, but it’s unlikely he would win, especially if he runs as an independent. He’ll face off against popular Democratic candidate Rep. Andy Kim (D-J) and Republican candidate Curtis Bashaw.

Moreover, if the Senate comes together to begin the process and move quickly, he could be expelled from the Senate before the November election.

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