• 12th Amendment prohibition against same-state candidates

    From Rick@21:1/5 to All on Mon Jul 22 14:25:28 2024
    When Trump was considering Marco Rubio as his running mate, and Harris is perhaps now considering Gavin Newsome as a potential running mate, there's
    been much talk about the 12th Amendment. The 12th Amendment states:

    "The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an
    inhabitant of the same state with themselves".

    In the case of Trump and Rubio, they are indeed both "inhabitants" of the
    state of Florida. When George W. Bush and Dick Cheney had a similar
    situation back in 2000, they were both then inhabitants of Texas. But
    Kamala Harris is actually an "inhabitant" of Washington DC at present and spends most of her time there. Yes, she is a registered voter in California and has property there, etc., but as the sitting vice-president I wonder if
    she could make the argument that she is actually an "inhabitant" of DC?

    Is there some legal definition of the word that would make Harris an "inhabitant" of California when she may only spend a couple weeks a year
    there, if that?

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  • From Stuart O. Bronstein@21:1/5 to Rick on Mon Jul 22 21:45:24 2024
    "Rick" <[email protected]> wrote in news:v7m2h3$nvdj$[email protected]:

    When Trump was considering Marco Rubio as his running mate, and Harris
    is perhaps now considering Gavin Newsome as a potential running mate,
    there's been much talk about the 12th Amendment. The 12th Amendment
    states:

    "The Electors shall meet in their respective states, and vote by
    ballot for President and Vice-President, one of whom, at least, shall
    not be an inhabitant of the same state with themselves".

    In the case of Trump and Rubio, they are indeed both "inhabitants" of
    the state of Florida. When George W. Bush and Dick Cheney had a
    similar situation back in 2000, they were both then inhabitants of
    Texas. But Kamala Harris is actually an "inhabitant" of Washington DC
    at present and spends most of her time there. Yes, she is a
    registered voter in California and has property there, etc., but as
    the sitting vice-president I wonder if she could make the argument
    that she is actually an "inhabitant" of DC?

    Is there some legal definition of the word that would make Harris an "inhabitant" of California when she may only spend a couple weeks a
    year there, if that?

    Different states have different rules. In some states you're considered
    a resident if you spend at least 183 days in the state over the course of
    the year. In other states, such as California, you are considered a
    resident if you "intend" to live there long term, no matter where you are
    now or how long you have been there.

    I suspect that politicians who are located in DC are generally considered
    the residents of the states where they came from and intend to return to.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From Jethro_uk@21:1/5 to All on Tue Jul 23 08:27:32 2024
    What would the 2024 version of the amendment look like in court ?

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