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IF NEWT GINGRICH WINS THE GOP NOMINATION – he CANNOT (at this time) pick Governor McDonnell as his VP!

I wrote on this some time ago:  How Newt Gingrich is actually resident of Virginia.  When he set up his campaign, Georgia is his base of operations but he is legally a resident of Virginia.This ought to cause some soul searching among Virginia GOPers.  But it begs the question:

Who might be Speaker Gingrich’s running mate?  He spoke with Virginia Governor Bob McDonnell earlier asking for support.  Governor McDonnell called the former Speaker the “most significant Republican” (other than Ronald Reagan) of the last half-century!

Would Speaker Gingirch actually select our governor?  (For the record, I think Governor McDonnell would be a great VP for any of the GOP candidates!)

So, the most interesting thing will be:  Will Gingrich change that residence to Georgia?  The Twelth Amendment prohibits both the President and the VP from the same state (technically it does not but it says both cannot get the electoral votes of their home state):

“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;…”

 

Hence Gingrich would have to change his legal residence to Georgia to select Virginia Governor Bob McDonnell as his running mate. (The problem briefly arose when George W. Bush selected Dick Cheney as his VP in 2000.  Cheney had represented Wyoming in Congress but was in 2000 a resident of Texas.  Cheney promptly changed his residence back to Wyoming.  Problem solved!)  Romney had hinted that McDonnell would be a great choice for running mate recently.

With Gingrich surging in the polls (this will be, if it happens, one of the most remarkable political stories of the last half-century!) the question might not be moot.  There is that place in our capitol under the dome with the busts of the Presidents from the Old Dominion – will Newt Gingrich join them?

 

 

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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