FACT CHECK: Does The Constitution Ban Having A President And Vice President From The Same State?

Anna Mock | Fact Check Reporter

A post shared on X claims that the U.S. Constitution forbids having a president and vice president hail from the same state. 

Verdict: False

The post is a misinterpretation of the 12th Amendment. The 12th Amendment only prevents Electoral College electors from voting for a president and vice president who are both from the state they reside in.

Fact Check: 

Harris is expected to announce her choice for vice president soon as her team continues to research and test top candidates, according to CNN. After the announcement, she will begin a tour of several battleground states next Tuesday, the outlet reported.

A post claims Vice President Kamala Harris and California Gov. Gavin Newsom cannot be on the same ticket since they are from the same state.

“Really, Gavin Newsom for Vice President? Here is where you take a F in History and Constitutional Law,” the post reads. “He can not be on the same ticket as K Harris. They are from the same state. Go read your Constitution and amendments. IF you can read.”

The post is incorrect. J. Wesley Leckrone, chair of political science at Widener University, clarified the meaning of the 12th Amendment in an email to Check Your Fact. (RELATED: Did Kamala Harris Make This Comment About Shuttering Veterans Affairs)

“The 12th Amendment to the Constitution does not prevent two candidates from the same state from running together for President and Vice President,” Leckrone said. “What it says is that no Electoral College elector can vote for two people from the state that they reside in. Therefore, this would apply only to California since both Harris and Newsome are residents of the state. If California electors were to vote for a Harris/Newsome ticket, their votes would not be counted.”

The language of the 12th Amendment reads, 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.”

Leckrone added that to circumvent this issue, Harris or Newsom would have to change their residency, but that this would be difficult for Newsom as a sitting governor.

Anna Mock

Fact Check Reporter

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