…although there’s a common misconception to that effect. I noticed a couple of people mentioning the supposed rule yesterday in the comments – thus, this post.
There’s no law or regulation against a president and vice president of the United States being from the same state. The reason why some people mistakenly believe such a prohibition exists comes down to a particular aspect of the Electoral College system laid out in Article II of the U.S. Constitution.
Article II states: “The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves.”
Under the original system, electors did not distinguish between candidates for the nation’s top two offices; the candidate with the most votes became president, while the runner-up became vice president. The 12th Amendment, adopted in 1804 after two chaotic elections, mandated that electors cast separate ballots for president and vice president. However, the rule preventing an elector from voting for two people from his home state remained in effect under the new system.
In most elections, this quirk in the system wouldn’t even matter.
In other words, a candidate for president can choose a VP from his or her home state. Nothing prohibits it and in most elections it’s fine. However – and this can be a rather big “however” – in a close election, and if the home state of both has many electoral votes, it can end up mattering.
How would it go if the election results were close, and the electors in Florida were prohibited from voting for both members of a (highly unlikely anyway) Trump/DeSantis ticket? Here are some possibilities:
One possible scenario is the Electoral College would vote to elect the new president but not elect the vice president. In that case, the election of the next vice president would become the work of the U.S. Senate, where each senator would get one vote.
If that vote is miraculously tied — well, we’re not sure what would happen next. Some people say the sitting vice president might get to break the tie. Others note that the vice president is not a senator, which is the process spelled out in the Twelfth Amendment…
Another possible scenario is that the Electoral College would vote to elect a new vice president and not a president. In this case, the U.S. House of Representatives would break that deadlock, with members of each state casting a single vote. A majority wins.
So it seems that nothing would prohibit it. But in these day of razor-thin victories, it would be highly inadvisable. Back in 2000, Cheney clarified – prior to the election – that he was a Wyoming resident rather than a Texas resident, in order to be Bush’s running mate and avoid the problem entirely. Recalling how close that 2000 election was, it turned out to be a good move on his part.
As I already wrote, though, I believe chances are extremely dim that Trump and DeSantis would ever run on the same ticket (note, by the way, Trump’s latest mendacious and hypocritical claim against DeSantis. That linked article also describes DeSantis’ stance on the IRS and taxation.)
