Constitutional FAQ Answer #101 – The U.S. Constitution Online – USConstitution.net

Constitutional FAQ Answer #101

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Q101. “Exactly where in the Constitution does it
say that the President and Vice President cannot be from the same state? In
the 12th amendment the wording leads me to think that the electors and the
candidates cannot be from the same state.”

A. The Constitution doesn’t say that they cannot be from the same state.
However, the 12th Amendment does say that
electors may not vote for a President from their state and a Vice President
also from their state. This issue came up in the 2000 presidential campaign
when Texas Governor George W. Bush chose fellow Texas resident Richard Cheney
to be his running mate. Cheney, who had served in Congress as a Representative
from Wyoming, quickly changed his legal residence back to Wyoming to avoid the
possible conflict for electors from Texas. Court challenges to Cheney’s change
of residency were denied.

It is unlikely that two people from the same state would ever be nominated
by a major political party. It is constitutionally possible however. If it
ever came to pass, the party that won the ticket’s state would likely suggest
to the electors that their votes for the President go to the presidential
nominee and that the votes for the Vice President be given in honor of a party
official. Electors in all other states, as mentioned above, would be free to
vote for both of the party’s nominees.

Last Modified: 10 Aug 2010

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