Trump’s 12th Amendment Problem: The VP Short List Has a Residency Dilemma

The Trump short list for vice presidential candidates is reportedly down to Ohio Senator, J.D. Vance, Florida Sen. Marco Rubio, South Carolina Sen. Tim Scott and North Dakota Gov. Doug Burgum. Rubio is a favorite for many due to his record in the Senate and his appeal to hispanic voters (where the GOP is hoping to make gains in the coming election). The problem is not Rubio or his record, but his residence.

The Twelfth Amendment contains a habitation or “favorite sons” provision: “The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves.”

The risk is that Florida’s electoral votes could be challenged in any election since both Trump and Rubio reside in the state. That is a chunk of 30 votes in a close election. In addition other states which sought to block Trump from the ballot like Colorado could try this new tack to derail his campaign.

The most obvious option is for either Trump or Rubio to move. The easiest would be for Trump to move since Rubio represents Florida. That could include either New York or New Jersey ( where his Bedminster property is located).

That option would be costly for Trump in terms of taxes. Moreover, Trump is desperately trying to get out of New York where he is effectively shackled to the defense table as his opponent, President Joe Biden, campaigns around the country.

The funny thing is that Trump has been campaigning in New York and drawing some large crowds. It would be the height of irony if Trump ends up making New York competitive with a mix of the time forced to be in the state and a change of residency.

Alternatively, Rubio could resign from the Senate and focus on running with a residence in a different state. He could also attempt a more creative approach and just change residency for the election.

Under Article I, Section 3, Clause 3:

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Rubio can argue that he was “an Inhabitant” of Florida “when elected.” Given the recent controversy over the appointment of Democratic Senator  Laphonza Butler, it could be hard for some Democrats to object.

Yet, there will be some who will no doubt try. In 2000, Dick Cheney was challenged by three Texas residents when he moved back to Wyoming. They failed.

Ultimately, it could also be challenged in Congress under the Electoral Count Reform Act.

Despite declaring the challenge to the Biden election was an attack on democracy, Democratic members previously challenged Republican presidents in Congress, including Jan. 6th committee head Bennie Thompson (D-Miss.) and Rep. Jamie Raskin (D-Md.)

In other words, it could be done but it would likely draw challenges. Then again, why should this part of the election be any different from every other part?

288 thoughts on “Trump’s 12th Amendment Problem: The VP Short List Has a Residency Dilemma”

    1. He’s a white male. Unfortunately demographics matter.

      If Trump would have been wise enough to dump Pence in the last election and find someone of color, he would have received many more votes and it would have been even that much harder to have stolen the election.

      Ask yourself, how many votes did Pence get Trump last go-around? Maybe three? How many votes would someone like Tim Scott or Marco Rubio? I think the numbers would be healthy.

      This happened back when that asshat Romney ran. Mitt Romney is the whitest man in the world, bar none. Somehow he found the second whitest man in the world to run with him, and they lost the election by a miniscule number of votes.

      I think it sucks that much of America votes by demographics, but what sucks even worse is how stupid Republican candidates are when it comes to choosing running mates.

  1. Pick no senators leave them to the senate where we have a chance to make the senate republican . Pick Mike Pompeo for VP smart and would make a great president or pick Desantis .

    1. The same Pompeo that reportedly told Trump not to release all of the JFK assassination papers? Yeah, Pompeo wants to keep truth from the people that they have a right to know. Extremely bad choice as would be small hands Rubio.

    2. No Senators, agreed ,, but the current list is not inspiring to say the least, just insipid, not even close to being the righthand man of Pres Trump

      You want a VP with in-depth knowledge of the system, someone with teeth, someone with tenacity, someone who is not afraid of the DC Deep State, my pick would be Gen Mike Flynn who has needless to say been fire tested, who will ensure the job gets done – tear down, dismantle, destroy the DC Deep State once and for all !

  2. The logical job for Marco Rubio in a second Trump administration would be Secretary of State, not Vice President.
    Tim Scott would be Secretary of Education and oversee the shutdown of that department.
    Nicky Haley to the EPA
    Ron Desantis – DOJ or SecDef
    Doug Burgum – Labor or Economic Development Council
    VP – Joni Ernst, Marsha Blakburn, or JD Vance.

    1. You’re out of your mind.
      You just decimated the chance of obtaining the senate by pulling popular senators from their seats.
      Besides, Rubio for SOS? On what record? Scott at DOE to oversee the shutdown? I agree with shutting it down, but waste a senator to do it?
      But Nicki Haley for any position? You lose all credibility even considering her for any cabinet position.
      I take it you think Bush W was a good president.

  3. Remember 2 votes are taken…1 for POTUS and 1 for VP…Simple solution…Florida electors to be come “faithless” and not vote for the VP, or vote for someone else. What would be the fallout from that ? In a blowout election, it wouldn’t matter. In a close election ? The VP could be a dem ?

  4. The problem is not Rubio or his record, but his residence.

    WTF???? There is a problem when anyone claims that Rubio’s multiple times of going Full Rino is not a problem with conservative Republicans. With all due respect, I am unsure whether Professor Turley recognizes or acknowledges that there is such a thing as conservative/constitutional Republicans. Just as he also will not recognize that many Democrats are full Marxist/Leninist in all but the name they choose to use.

    Most Republicans will vote for Trump as candidate when the alternative is another four years of Bribery Biden, then delivering Obama’s Fourth Term – no matter who the VP is.

    But Rubio and his record includes (for example) his leadership in the Rino Gang Of Eight and their willingness to help Obama flood the country with Illegal Aliens.

    In case Professor Turley’s memory has failed him, here are the notables that Rubio teamed up with in the example given: Soviet Democrat Senators Michael Bennet, Dick Durbin, Bob Menendez, and Chuck Schumer; on the Republican side, Jeff Flake, Lindsay Graham, and John McCain.

    A record of teaming up with John McCain and Jeff Flake – both notorious Rino Trump haters who pushed the Clinton/Obama/Biden/DNC “Russia Dossier” as much as possible – is not a problem with Rubio’s record? Helping Schumer, Durbin, and Menendez aid Obama in flooding the borders with Illegal Aliens after his reelection isn’t a problem with Rubio’s record?

    Or does Prof. Turley mean it won’t be a problem with Rubio’s record as long as Republicans don’t remember it.

    It would be better not to piss on our leg and then try and convince us it’s just pixie dew.

    1. Agreed! Rubio is a RINO, he’s like McCain and Graham FOS! You would think a Cuban whose family escaped FC would have a little more insight into what these SOBs are doing to our Nation. He needs another tax funded back waxing to clear his head!

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