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In reply to the discussion: Trump names Pam Bondi as his pick for attorney general after Gaetz withdraws from consideration [View all]BumRushDaShow
(169,748 posts)36. Since he formally resigned, that created a vacancy requiring a Special Election *See latest edit
Article I, Sect. 2 indicates "Writs of Election" (special election) -
Article I
(snip)
Section 2.
The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
(snip)
https://www.law.cornell.edu/constitution/articlei
(snip)
Section 2.
The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
(snip)
https://www.law.cornell.edu/constitution/articlei
The 17th Amendment introduced the Senate temp appointment (I know back in the day, Senators were not elected but appointed but that obviously changed).
It's possible that if they try to re-seat him after having resigned without first holding a Special Election, then that might get into the courts (whether from (D) potential candidates or any brave (R) candidates who would finally want to challenge him).
*EDIT - apparently he doesn't plan to return to Congress - https://www.democraticunderground.com/10143344936
(if he did, that report would be a subject of all kinds of noise
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Trump names Pam Bondi as his pick for attorney general after Gaetz withdraws from consideration [View all]
aggiesal
Nov 2024
OP
Interesting issue. He resigned from his seat in the 118th Congress. He also was elected to the 119th and will be
24601
Nov 2024
#27
Only the Senate may have an appointee. Other than choosing a Speaker who does not have to be a Member, Election is the
24601
Nov 2024
#35
Since he formally resigned, that created a vacancy requiring a Special Election *See latest edit
BumRushDaShow
Nov 2024
#36
She has been working to remove the ACA for years. For those jackasses who voted for the sociopath and depend on the ACA
JohnSJ
Nov 2024
#12
Thanks for the reminder on Trump bribing her to drop the Trump University investigation
muriel_volestrangler
Nov 2024
#26