“What matters is whether the House considers the ambiguous language of his letter”—Matt Gaetz’s Resignation Raises Legal Questions Ahead of Speaker Vote

Rep. Matt Gaetz’s potential involvement in the upcoming vote for Speaker of the House on January 3 is uncertain following his resignation from Congress, which was prompted by an ethics report accusing him of sexual misconduct. Although Gaetz previously suggested he might stir things up during the vote, new reports suggest that his resignation may prevent him from participating.

Axios reporter Juliegrace Brufke reported that the Florida Secretary of State views Gaetz’s resignation as irrevocable, meaning his name will not appear on the roster of members to be sworn in. However, there are lingering legal questions regarding whether Gaetz can formally resign from a seat he has not yet officially taken.

“Per a source familiar, the Florida secretary of state sees Gaetz’s resignation for the 118th and 119th as irrevocable and is expected to send over a vacancy instead of his name ahead of swearing in on Jan. 3,” Brufke noted.

Michael Thorning, director of the Bipartisan Policy Center, weighed in on the issue, pointing out that while precedents allow for members to resign before assuming office, Gaetz’s resignation letter contained ambiguous language. “What matters is whether the House (and in this case the State of Florida) consider the ambiguous language of his letter to constitute an actual resignation,” Thorning said.

“The language of his resignation was ambiguous, stating he did not ‘intend’ to take the oath for the 119th. Ultimately, the House will have to contend with whether or not that constitutes resignation.”

Despite this uncertainty, Gaetz had suggested that he might still try to make a dramatic entrance during the Speaker vote. He proposed casting a vote for the Speaker and then “file a privileged motion to expose every ‘me too’ settlement paid using public funds before resigning again to begin hosting a prime-time show on One America News.”

As the new Congress convenes, questions about Gaetz’s resignation and his plans for the future remain unresolved, with legal and procedural issues likely to shape any potential involvement he might have in the early days of the next legislative session.