This is the kind of thing that will only be an issue if the race is close enough to be contested. It is right there in the constitution though:
Article II section 1
Quote:
|
Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
|
Not exactly sure of the rationale for this though.