Kevin McCarthy, a Republican from California, lost his position as speaker of the House on October 3. What about the leadership position can we verify? On October 3, Rep. Kevin McCarthy (R-Calif.) lost his position as speaker of the House.
On October 2, fellow Republican and Florida Representative Matt Gaetz moved to remove McCarthy from leadership. Gaetz claimed he had backing from both parties to demand McCarthy’s resignation since the majority of the house thought he was unfit for the job.
McCarthy’s tenure as speaker got off to a difficult start. Several rounds of voting led to his election in January. The most recent time a speaker election necessitated two or more rounds of floor voting occurred in 1923.
Here are five VARIED facts concerning the speaker of the House post, the rules that apply, and what can and cannot happen while there is a vacant seat.
1. The Speaker of the House Does Not Have to Be From the Majority Party
The majority party’s leader does not necessarily hold the office of speaker of the House. The speaker need not even be a representative in the House of Representatives. Only those who are in attendance in the House may nominate and vote for the candidate.
The U.S. Constitution’s Article 1, Section 2 states that: “House of Representatives shall choose their speaker and other officers,” but is ambiguous about who can fill the role. However, according to House records, a House member has always served as speaker.
The speaker is the only House official who “traditionally has been chosen from the sitting membership of the House.” according to a guide on House processes produced by the U.S. Government Publishing Office (GPO). The GPO notes that while the Constitution does not restrict the choice from the current class, “the practice has been followed invariably,”
2. A Candidate Must Receive a Majority of Votes to Become Elected Speaker
To become speaker of the House, a candidate must receive the support of the majority of the members who are present and voting. The magic number in the House has historically been 218 out of the 435 members. According to the Congressional Research Service:
“The long-standing practice of the House is that electing a speaker requires a numerical majority of the votes cast by members ‘for a person by name.’ This does not mean that an individual must necessarily receive a majority (currently 218) of the full membership of the House,”
As some members voted present rather than calling a name, many past speakers, including outgoing Speaker Nancy Pelosi (D-Calif.), have assumed office with fewer votes than 218. The total number of lawmakers who must vote “present” in order to achieve a majority reduces with each one.
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3. If no Candidate Wins a Majority, Voting Continues Until a Speaker is Elected
The roll call is repeated if no candidate receives the necessary majority of votes cast. In the succeeding ballots, anyone may cast a vote without limits.
The Congressional Research Service notes that, for instance, no candidate is eliminated based on obtaining the fewest votes in the floor election, and a member’s vote is not restricted to people who earned votes in earlier elections.
According to House archives, McCarthy’s eventual election as speaker marked only the 15th time in history that multiple roll calls were required.
4. Members of the House Cannot Be Sworn in Without a Speaker
The House regularly adheres to a “well-established protocol” on the first day of a new Congress, which traditionally convenes at noon on Jan. 3. These activities include the election and swearing-in of the House speaker, the oaths of office for administrative officers and members, the adoption of rules of procedure, and the adoption of different administrative resolutions.
In line with the webpage of the U.S. House of Representatives History, Art & Archives:
“After the speaker is elected, the member with the longest continuous service administers the oath to the speaker, The speaker, in turn, administers the oath to the rest of the members en masse.”
However, the U.S. Code of Law prohibits new House members from being sworn in or taking an oath on the House floor if a speaker is not elected.
According to a guide on House procedures produced by the U.S. Government Publishing Office (GPO), newly elected House members who have not taken the oath are prohibited from voting, participating in floor debate, introducing new legislation, and conducting other official House business until a speaker is selected.
5. Newly Elected or Re-elected Members of the House Can Vote for Speaker
The U.S. Constitution’s Article 1, Section 2 establishes a two-year term limit for all House of Representatives representatives. As a result, a new House must be sworn in after each two-year Congress because one House expires at that point.
However, the speaker, who is chosen by a vote, is the one who ordains the new members. Despite not having received formal inductions, the members of the new House cast the votes. Former House members who did not win reelection are ineligible to vote for the speaker.
According to a Congressional Research Service (CRS) report, the House elects a speaker by roll call vote when it first convenes at the beginning of a new Congress. Before voting starts, the leaders of each party read aloud their respective party’s candidacy for speaker once the House has reached a quorum, which means the required number of members are present.
Then, representatives from each party are appointed as tellers to count the ballots by the clerk of the House, who oversees the proceedings to elect a new speaker. A majority of the votes cast by the present and voting members of the House are required to elect a candidate as speaker.
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