No, Matt Gaetz is not guaranteed to get his House seat back after withdrawing his nomination [View all]
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 Gaetzs nomination for attorney general. That means Gaetzs House seat is currently vacant.
But Florida Gov. Ron DeSantis could not automatically appoint Gaetz to his open House seat if he isnt confirmed as attorney general.
Thats 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