Should Rubio or Donald move if Trump picks one of them as vice president?

MIAMI — As Donald Trump narrows his options for a potential vice presidential candidate, two politicians known to be on his list are from Florida, leaving open the possibility that his running mate may have to relocate if the Republican ticket prevails.

The U.S. Constitution prohibits a president and vice president from residing in the same state. If Trump, who declared residency at his Palm Beach property 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 .

According to legal experts, the Trump campaign has several ways to overcome this situation, although it could create some disadvantages for the vice-presidential candidate.

It's just easier to run candidates from two different states, said Sanford Levinson, a constitutional scholar at the University of Texas School of Law. It seems easy to avoid the problems if you want to.

The 12th Amendment states that members of the Electoral College will vote for a president and vice president. It specifies that one of the candidates must not reside in the same state as them.

The amendment was added to the Constitution in 1804, when large states such as Virginia dominated the nation's political discourse, Levinson said, to limit their power.

If Trump wins Florida, the state's 30 electors could vote for him for president, but not for another Floridian for vice president.

Florida comes in third for the most 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's electors could abstain from voting, which might not matter if Trump doesn't need those 30 electors to reach the 270 required for victory. Electors could still vote for an all-Florida ticket, with the possibility of legal challenges.

In July 2000, four days before then-Texas Governor George W. Bush chose his running mate, Dick Cheney switched his Texas residency to register to vote in Wyoming, where he grew up, owned a home and served in Congress for 12 years.

The move was seen as an indication that Bush had made up his mind about Cheney joining his team.

Legal challenges were filed against Bush, Cheney, the Texas Secretary of State, and Texas electors. Ultimately, the courts ruled in Cheney's favor, holding that he was qualified to be vice president because he had proven that he was a Wyoming resident.

Probably yes, but not right away.

The Electoral College will meet on December 17. If Trump wins the November 5 election, his running mate could make the switch after that, since he would be leaving Congress anyway.

If I were to advise Rubio, I would tell him not to change his 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 whether he would be willing to move.

It would be presumptuous of me to talk about that, he said. “I wasn't offered the job. I'm not the vice presidential choice. Nobody is right now. Well, let's cross the bridges when we get there.

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 hosted by Donald in Atlanta on Wednesday.

If we have to cross this bridge, let's cross it, Whatley said.

Donalds was born in New York.

A native of New York, Trump moved to Florida in 2019. He is known to own properties in several states, including Trump Tower in New York. When asked about the 12th Amendment, Trump senior adviser Brian Hughes said: “The main criteria for selecting a vice president is a strong leader who will make an excellent president for eight years after the end of his next four-year term . »

Associated Press writers Bill Barrow in Atlanta and Jill Colvin in New York contributed to this report.

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