John Edwards for President AND Vice President?

[zev_steinhardt]

I was looking over the Certificates of Vote from the past presidential election and I noticed something strange when it came to Minnesota’s certificate.

It seems that Minnesota cast nine votes for John Kerry for President and one vote for John Edwards. However, for the ballot for Vice President, all ten electors voted for John Edwards. That means that one elector (and the certificate doesn’t specify who) voted for Edwards for President AND Vice President.

Is this really legal? Can electors legally vote for the same person for President and Vice President?

Zev Steinhardt

[zev_steinhardt]

Whoops. I meant to include a link to the certificate.

Minnesota’s Certificate of Vote.

Zev Steinhardt

[Walloon]

Yes, they can vote that way. Or I should say, nothing prevents it.

[dqa]

This would not seem to be legal according to the plain language of Article II:

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.

However, Article II was amended by 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

It seems to me Amendment XII supercedes that part of Article II, but I’m not a constitutional scholar.