“Trump: ‘Marco has this residency problem.'”

Marc Caputo for The Bulwark:

COULD IT WORK? Probably. Rubio would have to establish residency or “inhabitance” out of state if he wants a shot on Trump’s ticket. He’s willing to do that, according to those familiar with his thinking, just as Dick Cheney did in 2000 when he moved in July of that year from Texas to Wyoming so that he could join then-Texas Gov. George W. Bush’s ticket. A trio of Texas residents sued in federal court, but Bush-Cheney prevailed.

“It is very hard for anyone to be able to sue and challenge the electors’ votes before the fact, because the candidate could always establish inhabitancy before the electors vote. And after they vote, it is really a matter for Congress to determine,” said Derek T. Muller, a University of Notre Dame law professor and an expert in election law.

Another expert in election law, Ohio State University’s Edward B. Foley, agreed that Congress would ultimately decide the issue of Rubio’s inhabitancy under the Electoral Count Reform Act, which made it harder to successfully object to electoral votes.

“It’s up to Congress to sustain the objection and it takes a majority vote in both chambers to sustain one,” Foley said. “So you tell me the political likelihood that the Senate would disqualify Rubio from being vice president when he was a senator before he ran for vice president. I don’t think this is really enforceable in court. I think this is enforceable only in Congress.”

Foley said he could nevertheless see officials in states like Colorado, which unsuccessfully attempted to block Trump from the ballot under the Fourteenth Amendment’s Disqualification Clause, try to challenge a Trump-Rubio ticket under the Twelfth Amendment….

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