Questions have been raised concerning Matt Gaetz’s political future ever since he resigned from the House and later withdrew his name from consideration to be President-elect Donald Trump’s attorney general pick.
Gaetz was re-elected this month to serve in his Florida district when the next Congress convenes in January, despite his resignation from the current Congress last week. Which begs the question: Could he come back?
Here’s some information.
Gaetz can’t return to Congress this year
Gaetz’s official position in the current 118th Congress came to an end when he filed his resignation. In the remaining weeks of this Congress, he will not be able to regain his seat.
A resignation normally cannot be revoked and takes effect on the terms specified, according to the House’s so-called Deschler-Brown Precedents.
Gaetz will therefore not be returning to the 118th Congress.
Could he be sworn in for the 119th Congress?
It’s not easy.
Gaetz stated in his letter of resignation, which was read by the House floor clerk, that he had no plans to take the oath of office for the same position during the 119th Congress. In a November 13 letter to Florida Governor Ron DeSantis, he wrote the same statement and added it to the Congressional Record.
DeSantis had to be informed because, according to Article I, Section 2 of the Constitution, when a vacancy occurs in a State’s representation, the Executive Authority of that State shall issue Writs of Election to replace the vacancy.
However, no special election has been planned or conducted as of yet.
On January 3, the 119th Congress gets underway. House Speaker Mike Johnson, R-La., said he hoped a special election could be scheduled in time to swiftly fill Gaetz’s seat after he resigned.
Because membership cannot be forced onto someone without their permission, the House Practice guideline states that members-elect who are eligible to take the oath may decline it by quitting before taking a seat.
The next question is if Gaetz makes an effort to change his mind about not taking the oath. It is rare for a member-elect to declare that they will not take the oath and subsequently change their mind.
Concurrently, Gaetz’s spouse shared a picture of the two of them strolling down the House stairs on Thursday, writing, “The end of an era.”
What happens to the Ethics Committee investigation if Gaetz returns?
The Ethics Committee has the authority to vote to continue looking into members. Therefore, the panel might continue its inquiry and still publish its report if Gaetz is able to serve in the 119th Congress.
Johnson indicated that he did not want the Ethics Committee’s report to be made public before Gaetz pulled his name from contention for attorney general.
Democrats have stated that the Ethics Committee will meet again on December 5 to further discuss this issue, despite Ethics Committee Chair Michael Guest, R-Miss., saying on Wednesday that there was “no agreement” among committee members over the report’s release.
What happens to the ethics probe if Gaetz doesn’t return?
Gaetz’s withdrawal should put a stop to the debate over whether the Ethics Committee should pursue this issue further, the guest told reporters Thursday.
“I believe this resolves any involvement that the ethics committee should have in any matters involving Mr. Gaetz,” Guest said, adding that he is no longer a member of Congress.
However, Rep. Sean Casten, D-Ill., continues to advocate for a House floor vote to force the committee to make its report public. To compel a vote on it, he introduced a privileged resolution Wednesday evening.
Johnson promised to take care of that after Thanksgiving.
Correction made at 11:01 a.m. ET on November 22, 2024: The state that Speaker Mike Johnson represents in Congress was incorrectly mentioned in an earlier version of this article due to an editing error. He is not from Florida; he is from Louisiana.
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