Gaetz can't return to Congress this year
When he submitted
his resignation, Gaetz ended his official role in the current 118th Congress. He cannot reclaim his seat in the remaining weeks of this Congress.
According to what are known as the
Deschler-Brown Precedents of the House, a resignation “becomes effective on its stated terms and ordinarily may not be withdrawn.”
So Gaetz is not coming back to the 118th Congress.
Could he be sworn in for the 119th Congress?
It’s complicated.
In his resignation letter, read by the clerk on the House floor, Gaetz wrote: “I do not intend to take the oath of office for the same office in the 119th Congress.” He wrote the same sentence in a
letter sent to Florida Gov. Ron DeSantis, dated Nov. 13 and entered it into the Congressional Record.
DeSantis had to be notified because House vacancies are filled by special election as stated in
Article I, Section 2 of the Constitution: “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.”
But a special election has not been organized or held yet.
The 119th Congress begins on Jan. 3. When Gaetz resigned, House Speaker Mike Johnson, R-La., expressed hope that a special election could be held in time to fill his seat quickly.
The
House Practice guide says members-elect “entitled to take the oath may decline it by resigning before taking a seat, because membership cannot be imposed on one without his consent.”