Constitutionality of President and Vice President Bring Residents of the Same State Page: 1
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LIBRARY OF CONGRESS A 253
JK 516 A 1
Legislative Reference Service 452/77
CONSTITUTIONALITY OF PRESIDENT AND VICE PRESIDENT
BEING RESIDENTS OF THE SAME STATE
The Twelfth Amendment to the United States Constitution provides,
in part:
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
This provision has prompted many questions as to whether it re-
quires that the President and Vice President so elected be residents of
different states. Although we know of no judicial decision whichhas inter-
preted this sentence, it is generally construed as not prohibiting the
election of a President and Vice President from the same state. It is
regarded as merely prohibiting the electors of the electoral college of
a particular state from voting for two men (one to be President, the other
Vice President) who are both inhabitants of the same state as the electors
who are voting. In other words, the electors of State A can vote for only
one man who is an "inhabitant" of State A. For the second office, the
electors of State A must either vote for an inhabitant of any state other
than State A, or lose their electoral vote as to that office. However,
the electors of all the other forty-nine electoral colleges may vote for
the two men from State A if they choose.
The clause "one of whom, at least, shall not be an inhabitant
of the same state with themselves" was originally incorporated in the
Constitution as Art. Ii, sec. 1, cl. 3 and was considered to be a conces-
sion to the smaller states which were fearful that the President would be
chosen always from the larger states. It was designed to exclude the
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Yadlosky, Elizabeth. Constitutionality of President and Vice President Bring Residents of the Same State, report, August 2, 1968; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1039009/m1/2/: accessed May 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.