Constitutional FAQ Answer #81
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Q81. “In current usage, both the President and
Vice President are elected on the same ballot. Does the Constitution as
currently amended allow for these executives to be from differing
parties?”
A. The Constitution neither prohibits nor encourages the two be from the
same party. They are voted on separately in the electoral college, so
theoretically, the President and Vice President could be from different
parties. However, many states have laws which force their electors to vote for
the candidates that the winning party has chosen. There is question about
whether an elector could be prosecuted for doing whatever they want once the
election is over, but the point is mostly irrelevant – the party that wins
picks the electors, who are generally party loyalists, so are unlikely to vote
against the party.
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Last Modified: 10 Aug 2010