Why Kamala Harris likely won't pick Gavin Newsom as her running mate

LOS ANGELES - Well before President Joe Biden announced he would not be seeking reelection this November, California Gov. Gavin Newsom's name had come up as a potential presidential candidate, either at some point this year or even months prior to 2024. 

Newsom has repeatedly denied rumors about a potential presidential bid, including after Biden's first debate with former President Donald Trump on June 27.

Weeks later, Vice President Kamala Harris has enough support from Democratic delegates to be the party's pick, according to a report from the Associated Press. So, the question of who Harris would pick as her running mate has been top of mind. Many might be tempted to suggest Newsom yet again. 

But, there's one big reason why Harris wouldn't do that: The 12th Amendment.

The 12th Amendment to the U.S. Constitution was ratified on June 5, 1804. The amendment changes the way state electors vote for the President and Vice President. Previously, the electors would cast their votes; the person with the most votes would be elected President, and the person with the second most would be elected Vice President. The 12th Amendment changes it so that electors make two separate votes — one for President, and one for Vice President. 

But, there's one important requirement. The 12th Amendment says that state electors cannot vote for a presidential and vice presidential candidate who are both from their 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," the amendment reads.

This stipulation would mean that California's electors could not vote for both Harris (who still lives in California, despite spending most of her time in Washington, D.C., as Vice President) and Newsom.

Theoretically, though, this doesn't prevent Harris and Newsom from running together, it would just mean they'd essentially give up California's 54 electoral votes.

"In 49 states and District of Columbia, a Harris-Newsom ticket is not a problem," Derek Muller, a professor at Notre Dame Law School told the Sacramento Bee. "It’s only a problem in the state of California. It would prohibit California’s electors from voting for both Harris and Newsom."

And, seeing as that's more electors than any other state, it'd be unlikely for the Democratic Party to just give them up. That total would have been the difference between a Biden victory and a Trump victory in 2020.

A similar situation happened ahead of the 2000 election. George W. Bush, who was then the Governor of Texas, was on the verge of selecting Dick Cheney as his running mate, but Cheney lived in Texas. Days before Bush tapped him for VP, Cheney changed his voter registration to Wyoming, meaning the pair were then eligible for Texas' then 32 electoral votes. That swing would have also meant a win for the opponent.

The full text of the 12th Amendment can be read by tapping or clicking here.