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Jun 5, 2025  |  
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NextImg:UH OH: Mark Levin says Marco Rubio can’t be Trump’s VP pick – The Right Scoop

Mark Levin pointed out something that is not going to be popular with people who want Marco Rubio to be Trump’s Vice Presidential pick.

According to Levin, the 12th amendment forbids two candidates from the same state from being President and Vice President:

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Rubio and the 12th amendment

Unless Rubio moves out of Florida and/or legally assumes residence in a state other than Florida he can’t be selected as President Trump’s vice presidential running mate. Trump is also a resident of Florida. It also assumes Rubio would resign from the Senate as Florida’s senior senator as he’d no longer be a resident of Florida and could no longer represent the citizens there.

I doubt this constitutional sleight of hand would go down well with lots of people even if he pulled it off.

Here’s the phrase from the 12th amendment:

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; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President…

I doubt Rubio has any intent on leaving Florida so that means he can’t be Trump’s running mate. But if Trump chooses Rubio and he moves out of state to say Texas, then he’d be fine.