Seth Barrett Tillman (National University of Ireland, Maynooth (NUI Maynooth) – Faculty of Law) has posted Senator and Vice President of the United States: Can Kamala Harris Hold Both Positions at the Same Time? (Jurist, forthcoming, 2020) (6 pages) on SSRN. Here is the abstract:
In 2012, Representative Paul Ryan (Wisconsin) ran for Vice President, as Governor Mitt Romney’s Republican running mate. On August 23, 2012, I published an article on Jurist discussing whether Representative Ryan, should he prevail in both elections, could concurrently hold both positions: representative and Vice President. It now appears that Senator Kamala Harris will be sworn in as Vice President on January 20, 2021. The legal issues involving dual-office holding in 2012 and 2021 are largely the same.
Posted at 12:22 AM