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Friday, May 03, 2024
Marco Rubio and the Twelfth Amendment
Senator Rubio may be under consideration to be Donald Trump's running mate. An objection to that idea is that Trump and Rubio both live in Florida. As a result, that ticket would violate the 12th Amendment. But that claim is wrong.
The relevant point in time for the 12th Amendment rule is when the electors vote. Before December, Senator Rubio can change his legal residence to DC, where I assume that he has a house or an apartment. Probably that would happen in November if and only if Trump wins, when you also might expect Rubio to resign his Senate seat.
The upshot is that there is no practical constitutional barrier to a Trump/Rubio ticket.
Posted by Gerard Magliocca on May 3, 2024 at 07:50 AM | Permalink
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