The Constitution states a a ticket's candidates can't reside in the same state.
Senator Marco Rubio speaks during a campaign rally for former President Donald Trump at West Palm Convention Center, in West Palm Beach, FL, June 14, 2024.is said to be among the top candidates former President Donald Trump is considering as his pick for vice president, but there's a major obstacle standing in his way: his Florida address.
Senator Marco Rubio speaks during a campaign rally for former President Donald Trump at West Palm Convention Center, in West Palm Beach, FL, June 14, 2024.If Trump selected Rubio as his running mate, electors from Florida could not vote for both Trump and Rubio under the 12th Amendment. But it would be perfectly fine for electors from the other 49 states to vote for both. Most states give all their electoral votes to whichever candidate wins that state's popular vote.
"Thus, it follows that Trump can't select Rubio as his running mate without sacrificing those crucial 30 votes toward his needed 270, which he of course wouldn't do unless Rubio abandons his Florida residence before the election," Tribe said. "Article I, Section 3 merely requires that a senator 'when elected' be 'an Inhabitant of that State for which he shall be chosen,' and Rubio was indeed an inhabitant of Florida when elected to his current term, his third, in November 2022," Tribe said.
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