The Libertarian Party nominated Jo Jorgenson and Jeremy Cohen as its presidential and vice presidential candidates. The Libertarian Party has ballot access in nearly every state, including South Carolina. But there’s a Twelfth Amendment wrinkle to this ticket this year: Ms. Jorgenson and Mr. Cohen are both inhabitants of South Carolina, as their filing reports.

The Twelfth Amendment requires that when presidential electors meet to vote for a prsident and vice president, on of those two names, “at least, shall not be an inhabitant of the same state with themselves.” That means South Carolina electors cannot vote for two South Carolina inhabitants. It means that the ticket, as printed, is an unconstitutional one.

Of course, either Ms. Jorgenson or Mr. Cohen might move before the electors convene. In Jones v. Bush, for instance, Dick Cheney moved from Texas to Wyoming ahead of the 2000 presidential election to avoid this very issue in Texas.

While it seems unlikely that South Carolinians would choose the Libertarian Party ticket this fall, I’ve repeatedly argued that decisions like these, even involving disputedly-eligible tickets, should be left to the political process. And it’s of course the case that the facts could change before, or here even after, Election Day to allow the ticket to become eligible—an extra reason to do so.

South Carolina law purports to bind electors to vote for the ticket and not vote “faithlessly,” or else electors are subject to criminal penalties. But the law also provides that the executive committee of the party “may relieve” electors of this duty if “in the opinion of the committee, it would not be in the best interest of the State for the elector to cast his ballot for such a candidate.” That might be a case where a candidate dies. It might also be a case where vote might be rejected by Congress. That might allow the Libertarian electors to vote for someone else for, presumably, vice president.

In any case, the mere prospective of a potential Twelfth Amendment problem is no reason to exclude a ticket from the ballot. But, there is a lurking Twelfth Amendment issue here.