This NBC News story says that Donald Trump is seriously considering asking Sen. Marco Rubio to be his running mate. The article also mentions the immediate problem with that idea, which is that both Rubio and Trump are residents of Florida. The 12th Amendment to the Constitution prevents electors from voting for both a president and vice-president from the state in which they reside.

What does that mean?

Well, it means that if the Trump-Rubio ticket were to win Florida, as seems likely, the electors in Florida could not cast a vote for both of them. Presumably, they’d choose Trump in that case, but it could cost Rubio the vice-presidency. I don’t know what would happen. Maybe it would get settled by the U.S. House of Representatives. If Trump seems likely to push through with this idea, maybe I’ll research it further.

You may remember that this came up in 2000 when George W. Bush chose Dick Cheney as his running mate. Both of them clearly were living in Texas at the time, and quite obviously Bush could not beat Gore without Texas, not could Cheney beat Lieberman. In that case, Cheney switched his prime residence to Wyoming which had a patina of plausibility. Cheney owned a residence there and he had served for years as Wyoming’s congressman in Washington DC. I think Cheney actually went so far as to put his Dallas home up for sale, and I know he obtained a Wyoming driver’s license.

Trump and Rubio will need Florida’s Electoral College votes so I suppose Rubio could try something similar but, as a sitting senator, I don’t think it would pass judicial muster. Which means Trump would have to be the one to switch residencies. He could become a resident of New Jersey for example, which I think he would prefer to New York at this point. But does Trump want to go through all that nonsense?

In general, he seems to want to create the most stress on the system as he can, so I guess I shouldn’t discount a fake move to the Garden State which is challenged in court, followed by some kind of insurrection, this time probably carried out by the left. Who knows?

Rubio would make a lot of sense. He might be just dumb enough to accept the job.