No, Matt Gaetz is not guaranteed to get his House seat back after withdrawing his nomination

[TheProle]

Matt Gaetz is not guaranteed to get his House seat back if the Senate does not confirm him as attorney general.

Gaetz “issued his resignation letter [from Congress] effective immediately,” House Speaker Mike Johnson (R-La.) said during a news conference on Nov. 13, the same day Trump announced Gaetz’s nomination for attorney general. That means Gaetz’s House seat is currently vacant.

But Florida Gov. Ron DeSantis could not automatically appoint Gaetz to his open House seat if he isn’t confirmed as attorney general.

That’s because the Constitution “requires that all House vacancies must be filled by special election,” according to the Congressional Research Service (CRS). Vacancies occur “when an incumbent member dies, resigns or leaves office for any reason before the end of their term,” the CRS says.

https://www.khou.com/article/news/verify/matt-gaetz-not-guaranteed-get-his-house-seat-back-if-not-confirmed-attorney-general/536-c419e9f2-0b4e-46ab-9c96-e2fb46729c7d

[nilram]

1. Maybe he should've had a lawyer review his resignation letter first.

It seems like the skill of "thinking things through ahead of time" is needed for AG.

[Tadpole Raisin]

2. Gaetz May have over active balls but if he left prior to the CNN

report, he’d be stupid* to try to get back in for the next Congress.

* not disqualifying for any republican hack.

[LeftInTX]

3. He was recently re-elected. Technically, he has

it back on Jan 3rd.
Unless he resigns from the next term also. Any special election held before Jan 3 would fill a term that expires on Jan 3.

[lees1975]

4. No, that's not accurate.

He was re-elected to the seat he already held, and resigned from Congress following his re-election. He's out on his ass unless he wins the special election.

[LeftInTX]

6. I'm just stating what AOC said.

[FBaggins]

7. Both are half right

He resigned his current term but recently won election for the new term.

In theory he could have come back on 1/3 - but his resignation letter specifically gave that option up as well (which is the only thing opening it up for a special election sooner)

But I don’t think any of this is relevant - because I don’t think he ever expected to be AG. The offer was an excuse to let him step aside and block the ethics inquiry that might have cost him the seat anyway

[claudette]

8. I heard the report

Last edited Thu Nov 21, 2024, 02:26 PM - Edit history (1)

that he said he would not be taking the oath to the office that he won.

Here’s his quote
“I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General," he wrote.

[Kaleva]

17. The new Congress hasn't been sworn in yet

Until they are sworn in, nobody has a seat in the upcoming Congress.

[Traildogbob]

5. Thank you for the facts

I have read many posts saying he will get his seat in the NEXT Congress, being that is the election he won.
Would DeSatan put him temporarily in Rubio’s Senate seat because of his Loyalty, or Daddy Gaetz helped DeSatan get his job?
Then have special election? (That’s funny, Florida has elections)
Again thanks for posting the correction to what has been flying around.
I hope rules are followed, but not holding my breath.

[SocialDemocrat61]

9. I heard he only resigned for this term

And will get sworn back in in January for the next term.

[Sundance1220]

10. If he's back in congress

they will have to release that report so I don't think he'll do that. Depraved donnie will find a slot for him in his sewage administration.

[GB_RN]

11. This Is My Understanding.

His resignation was only for the current Congress, and as he was re-elected, all he would need to do is show up to be sworn in at the start of the next Congress. He’d lose seniority, but that’s it.

While it’s true the Constitution says vacancies must be filled by special elections, even were there time to hold one, the winner would only serve until January, when the next Congress is sworn in. That being said, I don’t know that he wants to deal with the fallout of the Ethics Committee report.

[Rhiannon12866]

13. Same here. We heard he resigned from the 118th Congress, but was reelected for the 119th

And that he only resigned to prevent the Ethics Report from being released.

[iluvtennis]

12. Thanks for this info - very helpful. n/t

[TheProle]

14. Of course!

[LetMyPeopleVote]

15. If Gaetz returns to the House, the Ethics Committee gets to release the report

[Kaleva]

16. Since he won election for the upcoming Congress,

doesn't he get to keep that seat. He resigned his seat from the current Congress