Former President Donald Trump has been hinting at potential vice-presidential picks for his 2024 campaign, stirring speculation among political analysts. As reported by Newsweek on Wednesday, July 10, 2024, Trump’s recent remarks have suggested that Florida Senator Marco Rubio could be a contender, but constitutional considerations might complicate such a choice.
Byron York, a political correspondent for the Washington Examiner and a Fox News contributor, discussed Trump’s recent comments on Fox News’ “Fox & Friends.” York highlighted a critical constitutional issue that might prevent Rubio from being a viable running mate.
“I think Rubio is a valuable surrogate for the president, but I don’t think he’s on the final list, in part because of the constitutional problem,” York said. “The 12th Amendment prohibits the state’s electors from voting for both the president and the vice president from that same state.”
This provision of the 12th Amendment means that if both Trump and Rubio, who are Florida residents, were on the ticket, Florida’s electors could not vote for both of them. To circumvent this, either Trump or Rubio would need to change their residency, which York noted would be particularly awkward for Rubio given his position as a Florida senator.
“For Rubio to be on the ticket and for Trump and Rubio to be able to win Florida’s electoral votes, one of them would have to move out of Florida, which is kind of an awkward situation if you’re the senator from Florida,” York added.
Trump’s remarks at a rally in Florida on Tuesday fueled the speculation. Speaking to his supporters, Trump hinted at the possibility of Rubio joining his ticket, a topic of interest among political commentators.
“I think they probably think I’m going to be announcing that Marco is going to be vice president, because that’s a lot of press,” Trump said at the event, stirring further discussion.
Despite the speculation, the constitutional issue highlighted by York presents a significant hurdle. Article 12 of the U.S. Constitution stipulates that electors in the Electoral College may not cast their two votes for both a president and a vice president from their own state. This means Florida’s electors would face a legal barrier in voting for both Trump and Rubio if they were on the ticket.
Trump, who changed his residency from New York to Florida in 2019, would face a dilemma if he wanted Rubio, a fellow Floridian, as his vice-presidential candidate. This scenario was addressed by Rubio himself in May during an interview with Fox News host Shannon Bream. When asked if he would consider moving out of Florida if Trump asked him to be his running mate, Rubio downplayed the speculation.
“First of all, the vice presidential choice with Donald Trump is going to be made by one person, and that’s Donald Trump, and all this other stuff is just speculation. I get it, you know political reporters have to cover political topics. The primary is over, the general [election] is six months away, so then we’re going to speculate on the VP thing,” Rubio said.

Rubio reiterated his stance following a presidential debate last month when CNN questioned him about the vice-presidential possibility. He emphasized that the decision was far from being made and remained speculative.
“The job has not been offered to me. I am not the vice presidential choice. No one is right now. And we’ll cross bridges when we get to them,” Rubio stated, indicating that any decision would be premature at this stage.
The discussion around Rubio as a potential vice-presidential pick underscores the complexities and strategic decisions involved in selecting a running mate. While Rubio is seen as a strong supporter and valuable surrogate for Trump, the constitutional roadblock presents a significant challenge.
As the 2024 presidential race heats up, the choice of a vice-presidential candidate will be closely watched. For now, Trump’s comments and the subsequent analysis suggest that while Rubio remains a prominent figure in Trump’s political circle, the practicalities of the Electoral College system might necessitate looking elsewhere for a running mate. The process of selecting a vice-presidential candidate involves not only political compatibility and electoral strategy but also adherence to constitutional requirements. Trump’s eventual choice will need to navigate these considerations to ensure a smooth path to securing the necessary electoral votes.

