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Amendment 12 provides that Electors, when casting a ballot for President and Vice-President, '...one of whom, at least, shall not be an inhabitant of the same state with themselves;...' This, along with the strategy to increase a ticket's appeal in two rather than one state, explains why Presidential tickets' candidates are from different states. However, the constitution apparently doesn't bar a ticket's candidates for President and Vice-President from being inhabitants of the same state. In that scenario, how are the Electors from the same state as the two candidates able to vote. Would they only be allowed to cast their vote for either the President or Vice-President on that ticket? Assuming they vote for the candidate for President and vote for someone other than that ticket's Vice-President candidate, or cast no vote for a Vice-President, is it possible that the opposing party's Vice-President candidate could win and serve with an opposing party's president? And what would happen if the President got a majority of the Electoral College votes but neither VP did? The VP election moves to the senate per the last paragraph of the 12 Amendment? I realize the scenario I've described is never likely to happen, but I am curious as to how the constitution would direct the actions of our government in this hypothetical situation. Thank you!
Good question. There really is no procedure in place to cover this eventuality. This may be a circumstance where the Constitution relies on good faith. Some answers are clear.
Unless state law requires an elector to vote for the candidates who received a majority of the votes, they are free to vote for who they choose. So in any circumstance, they would be able to vote for different candidates. That the two candidates are from the same state would be a good reason to do so with respect to one of the candidates.
If an elector voted for the President, but the Vice-President of the other party and, say, the Republican presidential candidate and Democratic-vice presidential candidate got majority, then that is who the president and vice-president are. So it is also possible for one of the offices to wind up being decided by Congress (the Senate for VP, the House for Pres) and the other more straightforwardly.
