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August 26, 2025
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Could Trump pick Rubio as VP? There are constitutional hurdles to an all Florida ticket

Donald Trump‘s vice presidential list is ever growing. But at least one prominent candidate has a special challenge: Marco Rubio, a senator from Trump‘s own home state of Florida.

The U.S. Constitution and the rules of the Electoral College discourage running mates from the same state. That’s actually why Dick Cheney changed his residency from Texas back to Wyoming in 2000 as George W. Bush made him the vice-presidential nominee.

Trump aides said he does not have a VP shortlist − he has a long list that is getting longer by the week.

They also said he’s not close to making a final announcement and may not do so before the opening of the Republican National Convention on July 15. Rubio appears to be a serious contender for the VP nomination, though, and again fanned speculation over the weekend when he said he’d be “honored” to do the job despite once calling Trump a “con artist.”

“I think anyone whose offered the opportunity to serve this country as vice president should be honored by the opportunity to do it if you’re in public service,” Rubio said Sunday on ABC’s “This Week.”

Two Trump advisers, speaking on condition of anonymity, said Rubio is among many people being considered for running mate.

At the present time, two officials said, Trump is more focused on the hush money criminal trial that he faces starting on April 15 than picking a running mate. Another priority is raising money both for the campaign, and for the massive civil judgments that have been entered against him.

That said, Trump is getting lots of advice about his running mate from supporters of the various prospective candidates, including Rubio.

As with other politicians, Trump has blown hot and cold on Rubio.

He criticized the Florida senator for holding off on an endorsement − but has been effusive in his praise since Rubio actually did the deed right before the Iowa Caucus.

Trump aides are aware of potential Electoral College problems with picking Rubio but said they can be dealt with. Cheney is the most prominent example,  they said.

Rubio’s constitutional problem

The Constitution doesn’t prohibit a presidential ticket from having two people from the same state, but it makes it complicated.

The 12th Amendment states that electors for each state “vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves.”

That means if Trump carries Florida, as expected, the state’s 30 electors could vote for Trump or his running mate, but not both if they reside in Florida.

“Because of that provision, parties generally don’t nominate candidate for president and vice president who are from the same state,” University of Virginia constitutional law professor John Harrison said in an email.

The are a few different ways that a campaign could try to work around the limits of the Constitution.

Rubio could change his residency, as Cheney did in 2000.

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