Re: He lived there for a number of
by
KnotaFrayed
12/01/2007, 11:25 PM #
berzerker:The Twelfth Amendment does not directly preclude the election of a President and Vice President from the same state, as is often alleged. Nevertheless, running mates conventionally come from different states to prevent situations wherein electors of the state in question are forced to vote for a candidate from a different party or state merely on the grounds of residency. The issue arose during the
2000 presidential election contested by
George W. Bush (alongside running-mate
Dick Cheney) and
Al Gore (alongside
Joe Lieberman). It was alleged that Cheney and Bush were both inhabitants of
Texas, and that the Texas electors could therefore not cast their ballots for both. Bush's residency was unquestioned, as he was
governor of Texas at the time. Cheney had lived and was registered to vote in Texas, but a few months before the election changed his official residency to
Wyoming, the state where he had grown up, and for which he had, many years earlier, served as the U.S. Representative. A lawsuit alleging that Cheney remained an inhabitant of Texas was brought,
but it was dismissed by the U.S. District Court for the Northern District of Texas.
Amendment XII
"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; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
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Conflict of Interest applies in Texas as it does everywhere when it comes to who reperesents a state in case that has to do with interstate law. Plus, if Cheney changed his officialy residency to Wyoming, where was he changing it from?