Devi Media - Why Gavin Newsom Can Not Legally Be Kamala Harris' Running Mate

Following Joe Biden's decision to withdraw from the presidential race and endorse Kamala Harris as the Democratic nominee for President, many are speculating about her choice for a running mate. There is considerable support for Gavin Newsom to fill this role. Considering their friendship and past employment relationship, with Harris serving as San Francisco's District Attorney (2004 - 2011), while Newsom was the city's mayor (2004 - 2011) —this pairing could be seen as a compelling ticket by many. But wait a moment. Hold on!

There is at least one reason why Gavin Newsom can not legally be Kamala Harris' running mate— primarily the 12th Amendment.

https://www.smithsonianmag.com/history/thomas-jefferson-aaron-burr-and-the-election-of-1800-131082359/

How the 12 Amendment Impacts Harris' choice

The 12th Amendment was ratified in 1804, following the controversial election of 1800, which saw a tie between Thomas Jefferson and Aaron Burr. This amendment reformed the process of electing the President and Vice President, by aiming to avoid a repeat of the tumultuous events of the 1800 election.

Before this amendment, the electoral process dictated that each elector cast two votes for President, with the candidate receiving the most votes becoming President and the runner-up becoming Vice President. This system led to a tie between Thomas Jefferson and Aaron Burr, both of whom were members of the Democratic-Republican Party. Breaking the tie would prove to be arduous, as it took 36 ballots in the House of Representatives to finally resolve the deadlock. Alexander Hamilton played a crucial role in breaking the tie by persuading Federalists to support his political nemesis, Jefferson.

Article II, Section 1, Clause 3 of the 12th Amendment introduced a critical stipulation that the presidential and vice-presidential nominees cannot be from the same state. The stipulation also aimed to prevent regional biases and ensure a broader representation of the electorate. This amendment not only resolved the immediate issues from the election of 1800, but also laid the groundwork for a more stable and fair electoral system in future presidential elections.

Electoral Vote Complications

Gavin Newsom, is the governor of California. Kamala Harris is also from California. If Newsom and Harris were to run together, California's electors would face a dilemma. They would be constitutionally barred from voting for both candidates, forcing them to choose between the presidential and vice-presidential candidates, thereby diluting their electoral power and potentially affecting the election outcome.

This is already a tight race. California has 54 electoral votes. Losing those votes would present a significant setback.

The 2000 Election

The only way that the Harris-Newsom ticket could go forward is for Newsom to pull a Cheney, meaning change his address to another state. Hold on again!

During the 2000 election, Bush chose Cheney as his running mate. Cheney was originally from Texas. Ironically, around this same time, twenty-four years ago, Chaney changed his residence and voter registration to Wyoming, where he had previously represented the state in the House. This allowed him to qualify for the ticket and to avoid the legal wranglings of the 12th Amendment.

Cheney changing his residence to Wyoming was not without challenges. It was not until 7 December 2000, that a federal appeals court ruled that Chaney was a Wyoming resident.

Should that happen in this case, the ticket will most likely be challenged by Republicans and others. Given the short time until the election and the shorter time until the Democratic Convention, plus Trump's repeated lies about the Democrats stealing the 2020 election that move might prove to be disastrous and create further division in the US.

Photo Source: James Keivom / NY Daily News Archive via Getty Images

Conclusion

While it is theoretically possible to challenge the 12th Amendment, the practicality of such an action are highly, questionable especially given the political climate. While the Harris-Newsom ticket is a desired ticket to many, there are other great candidates to choose from as a running mate. Andy Beshear, Pete Buttigieg, Roy Cooper, Tim Kaine, Mark Kelly, J.B. Pritzker, Josh Shapiro, Mark Warner, and Gretchen Whitmer are amongst the names being floated.