Legal Question in Constitutional Law in California

12th Amendment

My son, age 24,and I are in disagreement. I say that the President and Vice-President cannot be from the same state. My son, not an attorney (neither am I) believes that the 12th amendment was meant to discourage the election of two persons from the same state by not allowing electors in each state to vote for both the VP and Presidential candidtates who are from their same state, but that under the circumstances and combination of electors from all the states two people from the same state could be elected President and VP and that is not strictly probited by the constitution. For example, if Hillary Clinton is the Democratic candidate for President, could her running mate be another New Yorker e.g. Senator Schumer, Michael Bloomberg and, if Hillary won, could her VP choice become VP under the 12 amendment?


Asked on 1/19/08, 8:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 12th Amendment

The Twelfth Amendment says electors from any particular state cannot vote for both a president and vice president from *their own* state. This rule does not prevent two people from the same state from serving as president and VP.

Taking your example, if Sen. Clinton chooses another New Yorker as her running mate, the electors from New York would be the only ones forbidden to vote for both of them. The electors from the other 49 states could still do so.

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Answered on 1/19/08, 9:44 pm


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