Former Florida Rep. Matt Gaetz withdrew his bid to function lawyer basic within the subsequent Trump administration, however the query stays: can he return to his outdated job as a member of Congress?
Gaetz, for his half, has solely expressed an intent to not take the oath of workplace for the 119th Congress — which begins on Jan. 3, 2025, and for which Gaetz gained reelection. He can not preemptively resign from a session of Congress that has not but convened or that he has not taken an oath to serve — which means he’s nonetheless eligible to serve within the 119th though he can not below any circumstances withdraw his resignation from the 118th to return to the lame duck session, in line with Home guidelines.
The Home clerk learn a resignation letter from Gaetz on Nov. 14 — after President-elect Donald Trump named his as his lawyer basic decide — which learn: “I hereby resign as a United States consultant for Florida’s first congressional district, efficient instantly. And I don’t intend to take the oath of workplace for a similar workplace within the 119th Congress to pursue the place of Lawyer Common within the Trump administration.”
Matt Gaetz speaks through the third day of the 2024 Republican Nationwide Conference on the Fiserv Discussion board in Milwaukee, Wisc., July 17, 2024.
Patrick T. Fallon/AFP by way of Getty Pictures, FILE
If Gaetz modifications his thoughts and alerts the Home Clerk that he intends to serve within the 119th Congress, then he may very well be sworn in since a particular election to fill the anticipated emptiness has not but been scheduled.
The principles of the Home of Representatives mandates that initially of the primary session of Congress, members should make their presence identified to occupy their seat. The rule reads: “Home Guidelines 2. (a): On the graduation of the primary session of every Congress, the Clerk shall name the Members, Delegates and Resident Commissioner to order and proceed to file their presence by States in alphabetical order, both by name of the roll or by use of the digital voting system.”
If Gaetz or one other member doesn’t report back to the Capitol to file their presence, that district’s seat might be designated vacant.
The Home guidelines have only a few additional specifics. ABC Information has an inquiry out to the Workplace of the Clerk for added steering.
And Florida’s personal election legal guidelines appear obscure on the difficulty.
Former President Donald Trump walks previous Rep. Matt Gaetz, to talk to the press on the finish of the day of his trial at Manhattan Felony Court docket in New York Metropolis, Might 16, 2024.
Mike Segar/POOL/AFP by way of Getty Pictures
Florida elections official Paul Lux, the Okaloosa County Supervisor of Elections, which is inside Gaetz’s district, instructed ABC Information that he anticipates that the first for the particular election to fill Gaetz’s seat as soon as he introduced his plans to resign would doubtless be someday in February, and the overall election would doubtless be in April — although he pressured nothing is ultimate till the official dates come out of Florida Gov. Ron DeSantis’ workplace.
DeSantis, for his half, has but to formally set a date for that particular election.
ABC Information has reached out to the Division of Elections within the Florida Division of State to inquire whether or not the language in Gaetz’s letter triggers any kind of computerized emptiness or if there’s something inside Florida legislation that bars him from returning to the 119th Congress. Some Republicans within the district have already declared their intent to run, although one candidate, Joel Rudman, stated he would assist Gaetz if he needed to return to Congress.
Gaetz has not publicly stated what he plans to do subsequent. His spouse Ginger Gaetz posted a photograph with him earlier Thursday on the steps of the Capitol with the caption, “The top of an period.”
