WASHINGTON — Nancy Pelosi will step down as Speaker of the House when the 118th Congress convenes this week. Who she hands the gavel to stays a matter that might not be answered quickly.
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Selecting a latest speaker is the primary order of business for the brand new Congress on Tuesday.
Lawmakers will meet on the House floor, and leaders from each party will nominate a candidate. Republicans will nominate Kevin McCarthy of California, while Democrats are expected to tap Recent York Rep. Hakeem Jeffries, the incoming House minority leader, in accordance with The Recent York Times.
McCarthy is the odds-on favorite to take the speaker’s chair, but for the primary time in a century, the ruling party within the Home is facing an actual fight from inside its ranks.
If Rep. Kevin McCarthy is unable to place down a riot amongst a bunch of hard-right lawmakers before the election of the House speaker on Tuesday, the result might be a whirl of chaos not seen on the House floor in a century. https://t.co/FOaMHOysjs
— NYT Politics (@nytpolitics) December 30, 2022
Republicans regained control of the House by a narrow margin in November’s midterm elections and can hold a 222-212 edge. That features one emptiness attributable to the Nov. 28 death of Virginia Democrat Donald McEachin weeks after his re-election, in accordance with The Associated Press. A special election shall be held in February to fill his seat.
Meanwhile, the GOP’s slim majority has empowered several far-right representatives to try and block McCarthy’s bid for speaker, CNN reported. Those members need to reinstate a measure, called a motion to vacate the chair, that permits any representative to call for a vote to remove the speaker at any time. McCarthy has spent the past week in negotiations with dissenters, the cable news organization reported.
McCarthy already won the GOP caucus vote to develop into the House leader, defeating Arizona Rep. Andy Biggs by a 188-31 margin. But that puts McCarthy in a troublesome spot if those Republicans who voted against him remain firm of their opposition.
McCarthy needs 218 votes — a majority of the 435-member House — to develop into speaker. Or does he? The principles of the House offer some loopholes that may benefit McCarthy.
Congressional Research Service notes that a candidate can win the speaker’s chair by receiving a majority of the votes forged while failing to acquire a majority of the total membership. That may occur if there are representatives who’re absent when the vote is taken or answer “present” throughout the roll call. Then, the number drops from 218, in accordance with The Washington Post.
Pelosi was elected Speaker in 2021 with 216 votes due to vacancies and absences, in accordance with The Hill. Only 427 votes were forged for named individuals, meaning Pelosi needed 214 votes to be elected speaker, the Post reported. She made it with two votes to spare.
John Boehner also collected 216 votes to win the speakership in January 2015, when 25 members didn’t vote. Many were attending the funeral of former Recent York Gov. Mario Cuomo that day, in accordance with The Hill.
Because there shall be no speaker when Congress convenes on Tuesday, Cheryl L. Johnson, the clerk of the House, will call the roll and make rulings from the chair, Politico reported. House members can appeal and overturn Johnson’s ruling, in accordance with the web site.
Here’s a have a look at a few of the scenarios that would play out on Tuesday.
Multiple ballots
This could be the almost definitely scenario but it surely has been rare.
Previously century, no vote for speaker has taken multiple ballot. For the reason that House began electing a latest speaker in 1789, there have been only 14 times when multiple ballots were required, in accordance with Congressional Research Service.
The last instance occurred in 1923, when Republican Frederick H. Gillett of Massachusetts was re-elected speaker on the ninth ballot, in accordance with House archives. On Dec. 5, 1923, International News Service reported that Gillett received 215 votes out of 414 ballots forged. Finis James Garrett, a Democrat from Tennessee, was the runner-up on the ultimate ballot with 197 votes.
Gillett won the best to carry the gavel for the 68th Congress after party leaders accepted several procedural reforms wanted by the Progressive wing of the Republican Party.
“The Democrats jeered on the proceedings,” in accordance with the INS report.
If this yr’s vote goes to a second ballot, members should vote for any individual, in accordance with Congressional Research Service. No restrictions have ever been imposed, comparable to the dropping of a candidate with the fewest votes or the introduction of a latest candidate.
Someone outside the House
Every speaker in U.S. history has been a member of the House. However the legislative body’s rules don’t require the speaker to be a sitting, elected member of the House, in accordance with Article I, Section II of the Structure. Through the years, non-House member candidates nominated have included former Secretary of State Colin Powell, Georgia politician Stacey Abrams and Sen. Rand Paul, R-Kentucky.
Conservative Republicans in 2014 floated the name of Ben Carson, who later became Secretary of Housing and Urban Development, as a substitute for Boehner. That candidacy never got past the talking stage.
Within the election for speaker in 2019, then-former Vice President Joe Biden received a vote despite never serving within the House, the Post reported. Anthony Brindisi, a Democrat from Recent York, forged the ballot for Biden and it was duly recorded, in accordance with the newspaper.
Shortly after the 2022 midterms in November, Jamie Raskin, a Democrat from Maryland, suggested on “Face the Nation” that a faction of Republicans could nominate former President Donald Trump as speaker.
The next week, Trump announced his intention to run for re-election. He also endorsed McCarthy for speaker in mid-December, CNN reported.
Plurality vote
If the vote drags on for several roll calls with McCarthy within the lead but not with enough votes for a majority, the House could comply with adopt a resolution naming a speaker by a plurality vote, The Hill reported.
Nonetheless, that scenario would require support from Democratic members of the House. It’s unclear whether or not they would support such a resolution.
There’s precedent for a speaker elected by a plurality vote, but it surely has not happened since 1856. That was when Congress elected Nathaniel P. Banks of Massachusetts on the 133rd ballot, in accordance with House archives. It took two months for Banks to finally secure the position to steer the thirty fourth Congress, in accordance with The Hill. He pulled in 103 votes, while William Aiken of South Carolina had 100, in accordance with the Recent York Each day Tribune.
For the primary time in precisely 100 years, the U.S. House of Representatives might have multiple round of voting to elect a speaker when the brand new Congress convenes on Tuesday. https://t.co/jBLvr0awXn
— The Washington Post (@washingtonpost) December 30, 2022
Democrats controlled the Senate, but no party controlled the House after the Whig Party fizzled out, the Post reported. A few third of House members were Democrats. The remaining members were split amongst several parties, including the newly formed Republican Party, in accordance with the newspaper.
Banks was a member of the American Party (also often called the “Know Nothing” Party), but he was previously a Democrat and later would develop into a Republican during his successful run to win the Massachusetts gubernatorial race in 1857.
The House’s abolitionist faction lined up behind Banks in an election the Recent York Tribune called “an extended and arduous struggle which is to find out whether slavery shall be the pole star of our National profession.”
“The good battle is over ultimately,” the Times-Picayune of Recent Orleans reported on Feb. 3, 1856, the day after the ultimate vote was taken.
In 1849, Howell Cobb of Georgia was elected Speaker by a plurality vote after 53 ballots, in accordance with House archives.
“The long agony is ultimately over!” read a letter to the editor of the York Gazette on Dec. 25, 1849.
Still, Cobb confessed he was red-faced by the contentiousness of his election.
“It could be useless to disguise the indisputable fact that I feel deeply embarrassed in taking this chair under the circumstances attending my election,” Cobb said in his first address as Speaker. “I’m conscious of the difficulties by which this position is surrounded right now.”
Bipartisan compromise candidate
That is the least likely scenario, one through which Democrats and moderate Republicans would work together to elect a compromise candidate.
In line with The Hill, the last time a majority party did not elect a speaker was in 1839. Democrats were in the bulk, but infighting led to the election of Whig Rep. Robert Mercer Taliaferro Hunter of Virginia with bipartisan support. Hunter was elected on the eleventh ballot with 119 votes out of 232 forged, in accordance with the National Intelligencer. John Winston Jones, a Democrat from Virginia, was runner-up with 55 votes.
“Accident, necessity and political caprice elevated Mr. Hunter to the Speaker’s chair,” The Sun of Baltimore reported in December 1839 upon Hunter’s election.
McCarthy is elected
Despite the opposition and posturing, there may be a very good probability McCarthy will win election as Speaker of the House.
Representatives opposing McCarthy could vote against him on the primary ballot as a press release after which vote “present” within the second roll call. That might ensure McCarthy’s election without the dissenters voting for him.
The Wall Street Journal’s editorial board wrote in mid-December that the anti-McCarthy faction doesn’t have any major policy differences “or a plausible alternative candidate” for speaker.
“(Biggs) and his rump group also don’t appear to have any constructive reason to oppose Mr. McCarthy beyond a desire to grab the media highlight or blow every thing up,” the newspaper wrote. “The GOP dysfunction since Election Day won’t matter if it teaches Republicans that their only probability of influencing policy is to remain united. On the evidence thus far, nonetheless, Republicans are the gang that couldn’t shoot straight — except at each other.”
Information from newspaper archives was utilized in compiling this report.
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