If picked as VP, Kerry can still run for Senate

Sen. John Kerry (D-Boston) and Sen. Barack Obama (D-Ill.): Getty Image

With reports that U.S. Sen. John Kerry is on presumptive Democratic nominee Barack Obama's short list, one potential pitfall for the Bay State senator rests in state elections law: whether someone can legally appear twice on the ballot in the same election.

According to the Massachusetts Elections Division, Kerry (D-Boston) can run with with Obama on the top of the ticket while at the same time being the U.S. Senate. Similarly, state elections authorities in Delaware and Virginia also told PolitickerMA.com that it is permissible for their prospective vice presidential candidates who face re-election this year, U.S. Sen. Joe Biden (D-Del.) and U.S. Rep. Eric Cantor (R-Va.), to appear on the November ballot twice.

In Kerry's case, whether his selection would have any effect on his chances against Republican Jeff Beatty the general election or Democrat Ed O'Reilly in the primary is another question.

With the general election now less than 78 days away and the Democratic primary is only 29 days away, Kerry is locked into both the primary and general elections since it would be difficult for Bay State Democrats to coalesce someone else such a narrow time frame.

Since Kerry leads both Democratic challenger Ed O'Reilly and Republican challenger Jeff Beatty by significant margins,  it appears Kerry would be able to hold his seat even if he joins Obama on the ticket. But those margins could vanish quickly since an Obama/Kerry ticket could play into the perception that Kerry is more concerned with climbing the ladder in Washington than representing Massachusetts voters - a major part of both Beatty and O'Reilly's campaign messages. And with such a short time until the election, it could prove difficult to reverse that trend if Kerry appears on the top of the ballot.

The Bay State senator has been a ubiquitous surrogate for Obama, appearing ready and willing to criticize presumptive GOP nominee John McCain (Ariz.) over a host of issues. His frequent appearances on Obama's behalf, combined with his name recognition, massive email list and fundraising prowess have led some to speculate that Kerry is being considered as a running mate by the Obama camp.

Kerry wouldn't be the first vice presidential candidate to appear on the ballot twice. In 2000, U.S. Sen. Joe Lieberman (I-Conn.) won re-election to the Senate while campaigning as then Vice President Al Gore's running mate.

Notably, Biden, another candidate speculated to be on Obama's short list, also faces re-election. Like Massachusetts', Delaware election also allows Biden to appear on the ballot as Obama's running mate and for reelection to the Senate, according to Elaine Manlove, the Commissioner of Elections in Delaware.

Kerry and Biden are the only Democrats currently rumored as possible Obama vice presidential candidates that face reelection. On the GOP side, Cantor has been rumored to be on McCain's list. The Virginia Board of Elections confirmed Monday that, like Kerry and Biden, Cantor could appear on the ballot twice if McCain selected him as his running mate.

"Yes, Congressman Cantor could continue to be the nominee in the 7th Congressional District and be on the ballot as Sen. McCain's running mate," said Matt Abell, a spokesman for the Virginia Board of Elections.