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Election 2024 VP Florida
This combination photo shows Rep. Byron Donalds, R-Fla., on, June 15, 2024, in Detroit, left, and Sen. Marco Rubio, R-Fla., at the Capitol in Washington, Feb. 9, 2023. As former President Donald Trump narrows his options for potential running mates, Donalds and Rubio, known to be on his list, are from Florida, leaving open a scenario where his vice presidential nominee would have to move if he wins. (AP Photo)

The VP race's Florida question: Would Rubio or Donalds have to move if Trump picks either of them?

Two politicians known to be on Donald Trump's vice presidential list are from Florida, where the former president also now lives

By Adriana Gomez Licon
Published - Jun 29, 2024, 08:51 AM ET
Last Updated - Jun 29, 2024, 08:51 AM EDT

MIAMI (AP) — As Donald Trump narrows his options for a potential running mate, two politicians known to be on his list are from Florida, leaving open a scenario where his vice presidential nominee would have to move if the Republican ticket wins.

The U.S. Constitution prohibits a president and vice president from residing in the same state. If Trump, who declared his Palm Beach estate his home in 2019, were to pick U.S. Sen. Marco Rubio or U.S. Rep. Byron Donalds, the 12th Amendment could prevent the 30 Florida electors from casting their vote if Republicans win the state.

There are several ways for the Trump campaign to overcome this, legal experts say, though doing so might create some inconvenience for the vice presidential candidate.

“It’s just easier to run candidates from two different states,” said Sanford Levinson, a constitutional scholar at the University of Texas School of Law. “It does seem to be easy to evade any problems if you want to.”

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