Donald Trump's list of vice presidents continues to grow. But at least one prominent candidate has special challenges. That person is Marco Rubio, a senator from Trump's home state of Florida.
The U.S. Constitution and Electoral College rules prohibit candidates from the same state. That's actually why Dick Cheney moved his residence from Texas back to Wyoming in 2000 because George W. Bush nominated him as his running mate.
Trump aides said he does not have a list of running mates, but a long list that grows longer by the week.
They also said Mr. Rubio is no closer to making a final announcement and may not do so before the start of the Republican National Convention on July 15. But Mr. Rubio appears to be a strong candidate for vice presidential nomination, fueling speculation again over the weekend in the race. Even though he once called President Trump a “fraud,” he said he was “honored” to do his job.
“Anyone who has offered an opportunity to serve this country as vice president should be given that opportunity if they are in public service,” Rubio said Sunday on ABC's “This Week.” I think we should feel honored.”
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Two advisers to Trump said on condition of anonymity that Rubio is among the many people being considered as running mate.
According to two officials, President Trump is currently concentrating on his hush money criminal trial, which begins on April 15, rather than choosing a running mate. Another priority is raising money for both his campaign and the large civil judgment entered against him.
Still, Mr. Trump has received a lot of advice about his running mate from supporters of various candidates, including Mr. Rubio.
Like other politicians, Trump has been cold and cold toward Rubio.
Although he criticized the Florida senator for withholding his support, he has been effusive in his praise of Mr. Rubio since he actually did it just before the Iowa caucuses.
Trump aides acknowledged potential Electoral College problems with Rubio's selection, but said they could be addressed. Mr. Cheney is the most notable example.
Rubio's constitutional problems
The constitution does not prohibit two people from the same state on a presidential ticket, but that complicates matters.
The Twelfth Amendment states that each state's electors ” shall vote for President and Vice President, at least one of whom shall not be a resident of the same state as themselves.”
That means if Trump carries Florida as expected, the state's 30 electors can vote for Trump or his running mate, but Florida residents cannot vote for both.
“Because of that provision, political parties typically do not nominate presidential and vice presidential candidates from the same state,” John Harrison, a constitutional law professor at the University of Virginia, said in an email.
There are several different ways in which campaigns may try to circumvent the Constitution's restrictions.
Like Cheney in 2000, Rubio may change his residence.
“Switching residence would probably be enough, but we don't know,” said Kevin Wagner, a political science professor at Florida Atlantic University, noting that it could be challenged in court.
Harrison also speculated about a scenario in which Florida's electors vote for Trump as president rather than Rubio as vice president, since Rubio might not receive a majority of Electoral College votes. He said this had “serious shortcomings”.
In that case, the Senate will decide. “If the Senate is controlled by a party other than the president-elect's party, the vice president could be chosen by the party whose presidential candidate lost the election,” Harrison said.
Harrison said another solution could be to make Florida's electors residents of another state, adding that he doesn't know if that would be possible under state law and the 12th Amendment. .
So while the Constitution does not require vice presidential candidates to live in another state, it “gives political parties a strong incentive” not to go down that path.
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But constitutional issues have not quieted the vice president's chatter about Mr. Rubio, and Mr. Rubio has done nothing to stop it. Wagner said his actions show he wants the job.
“He had multiple opportunities to say he wasn't interested in the job, and he chose not to, so his actions above all suggest he is at least considering the possibility.” Wagner said.
Mr. Rubio, who is Cuban-American, could help Mr. Trump appeal to Hispanic voters. It could also appeal to other Republican voters and leaders who are nervous about Trump. Rubio has been deeply involved in foreign policy issues in the Senate.
“Mr. Rubio is also well-considered within the establishment, particularly the foreign policy establishment, which may calm the foreign policy establishment within the party,” Wagner said. Told.
Trump is unlikely to shut down speculation about most of his running mates, aides said.
During a recent visit to the U.S.-Mexico border, President Trump said he would consider Texas Governor Greg Abbott as a running mate. He is considered likely.
Meanwhile, Trump and his aides have ruled out running for office, including former presidential candidates Nikki Haley, Vivek Ramaswamy and Ron DeSantis (also a Floridian).
Rubio was a strong critic of Trump when he ran against him in 2016.
“We're dealing with a friend who's a fraudster. He's a fraudster,” Rubio said of then-President Trump in a video aired Sunday by ABC. “First of all, he's based on the idea that he's fighting for the little guy, but he's spent his entire career fixated on this little guy.”
“I will not allow my friends to vote for a fraudster,” Rubio added in a 2016 video.
Asked about those comments on ABC, Rubio said, “It was a campaign.”