MIAMI– As donald trump narrows your options to one potential running matetwo politicians known to be on his list are from Florida, leaving open a scenario in which his vice presidential candidate would have to move if the Republican ticket wins.
The U.S. Constitution prohibits a president and vice president from residing in the same state. If Trump, who declared his Palm Beach estate his home in 2019, chose U.S. Sen. Marco Rubio or U.S. Rep. Byron Donalds, the 12th Amendment could prevent Florida’s 30 electors from voting if Republicans win the state.
There are several ways the Trump campaign could overcome this situation, legal experts say, although it could create some inconvenience for the vice presidential candidate.
“It’s simply easier to run candidates from two different states,” said Sanford Levinson, a constitutional scholar at the University of Texas School of Law. “It seems to be easy to avoid any problems if you want.”
The 12th Amendment says members of the Electoral College will vote for a president and a vice president. He notes that one of the candidates “must not be a resident of the same state as him”.
The amendment was added to the Constitution in 1804, when large states like Virginia dominated the country’s political discourse, Levinson said, as a way to limit its power.
If Trump wins Florida, the state’s 30 electors will be able to vote for him for president, but not another Floridian for vice president.
Florida has the third-highest number of electoral votes, behind California, with 54, and Texas, with 40. In a close election, the state’s votes could be less than the total margin.
Florida voters will be able to abstain from voting, which may not matter if Trump doesn’t need those 30 electoral votes to reach the 270 needed for victory. Voters could still go ahead and vote for an all-Florida ticket, with the possibility of facing legal challenges.
In July 2000, four days before then-Texas governor George W. Bush chose his running mate, Dick Cheney changed his Texas residence and registered to vote in Wyoming, where he grew up, owned a home and represented Congress. for 12 years.
The move was seen as an indication that Bush had decided on Cheney’s membership on the ticket.
There have been legal challenges filed against Bush, Cheney, the Texas Secretary of State, and Texas voters. Ultimately, the courts sided with Cheney in that he was qualified to be vice president because he proved he was a resident of Wyoming.
Probably yes, but not right away.
The Electoral College will meet on December 17. If Trump wins the Nov. 5 election, his running mate could make the switch later because he would leave his position in Congress anyway.
“If I were advising Rubio, I would tell him not to change residence until after the election,” said Bob Jarvis, a constitutional law professor at Nova Southeastern University.
Rubio was asked by CNN after Thursday’s debate between Democratic President Joe Biden and Trump if he would be willing to change.
“It would be presumptuous of me to talk about it,” he said. “I wasn’t offered the position. I’m not the choice for vice president. No one is now. And we’ll cross bridges when we get to them.”
Republican National Committee Chairman Michael Whatley declined to speculate on the possibility of two Florida residents on the ticket when asked at a pre-debate event headlined by Donalds in Atlanta on Wednesday.
“If we have to cross that bridge, we will,” Whatley said.
Donalds was born in New York.
A native of New York, Trump established residence in Florida in 2019. He is known to own properties in several states, including his namesake Trump Tower in New York. When asked about the 12th Amendment, Trump’s senior advisor Brian Hughes said: “The main criteria in selecting a vice president is a strong leader who will be a great president for eight years following the completion of his next four term. years”. _______
Associated Press writers Bill Barrow in Atlanta and Jill Colvin in New York contributed to this report.
