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The West Wing-driven Senate vacancies in the House of Representatives are putting a spotlight on special elections
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The West Wing-driven Senate vacancies in the House of Representatives are putting a spotlight on special elections

President-elect Donald Trump’s decision to tap at least three members of the House of Representatives and at least one senator to his administration will trigger a special election, adding an element of uncertainty to the closely divided chambers.

The nomination of three-term Sen. Marco Rubio, R-Fla., as secretary of state will first give GOP Gov. Ron DeSantis a chance to appoint a new senator. The appointed senator would remain in office through the next general election, according to the Congressional Research Service.

The nomination would trigger a special election in 2026, with Rubio’s current term running through 2028. So DeSantis could appoint a placeholder or a senator who would try to run in that special election for the final two years of the term.

DeSantis, who ran in the presidential primaries against Trump this cycle, is already receiving public calls from supporters of the 45th and 47th presidents to appoint Republican National Committee co-chair Lara Trump, the president-elect’s daughter-in-law, to the Rubio . seat. One of her advocates is Republican Senator Katie Britt of Alabama. Other contenders include James Uthmeier, DeSantis’ chief of staff, and Florida Lieutenant Governor Jeanette Nuñez.

In Ohio, when Republican Sen. J.D. Vance leaves his seat to become vice president, GOP Gov. Mike DeWine will be able to appoint a replacement until the next general election in 2026. The full term for Vance’s seat expires in 2028. , according to CRS.

At least three special parliamentary elections

Governors are not allowed to make appointments to fill open House seats, although they can schedule special elections to fill vacancies.

Michael Waltz, representative of the Republican Party in Florida, has been chosen by the president-elect as national security advisor. Since this is a senior White House staff position and not subject to the Senate confirmation process, Waltz will likely leave the House no later than the start of the new administration. And with Trump tapping Rep. Matt Gaetz as his attorney general, it would create two Republican vacancies in the Florida House.

DeSantis showed little urgency in calling a special election to fill the vacancy left by the death of Democratic Rep. Alcee L. Hastings in April 2021 (in a safe district for the Democrats). The special general election was so late that the seat remained open for nine months. It’s unlikely DeSantis would let that much time pass by calling a special election to replace two Republican members.

In fact, Gaetz submitted his resignation from the House of Representatives on Wednesday, allowing DeSantis to call a special election on short notice and potentially have a new member sworn in shortly after the new Congress convenes on January 3.

Speaker Mike Johnson, R-La., explained at a news conference after the Republican Party leadership election in the House of Representatives: “Out of deference to us, he has delivered his letter of resignation to Congress, effective immediately. That surprised us a bit, but I asked him what the reason was and he said, “Well, you can’t be absent too often.” So, under Florida state law, there is approximately an eight-week period to select and fill a vacancy. And by doing that today, I can – I’ve already called Governor DeSantis in Florida and said, ‘Let’s reset the clock.’

‘He’s in Italy at the moment, so we’ll talk about it first thing in the morning. … So Matt would have done us a great service by making that decision, as he did right away, and we’re grateful for that. So we are moving forward.”

Gaetz’s resignation also ends an ethics committee investigation because the committee has no jurisdiction over former members. Over the summer, the panel said it was investigating allegations that Gaetz may have “engaged in sexual misconduct and illegal drug use, accepted inappropriate gifts, granted special privileges and favors to individuals with whom he had a personal relationship, and attempted to obstruct government investigations into the crime.” his behavior.”

“It is true that a former member of Congress, the House Ethics Committee, would have no further jurisdiction over the person, no further authority over him or her. So that wouldn’t be unprecedented, but as far as the timing of releasing a report or something, I don’t know. The Chairman of the House of Representatives is not involved in this. Can’t be involved in that. So I’m probably not really the person to answer that question,” Johnson said when asked about the ethics investigation.

In New York, Elise Stefanik, chair of the Republican Conference of the House of Representatives, is Trump’s intended candidate for ambassador to the United Nations. There is no indication yet when she will leave the House of Representatives. New York Gov. Kathy Hochul, a Democrat, has little discretion in setting special election dates once the seat becomes vacant.

Hochul would have 10 days to call the special election, which would be set between 70 and 80 days afterward. The precise timing of the special election would depend on when Stefanik is confirmed by the Senate.

In New York, county parties involved choose their nominees in special elections instead of primaries.

Jacob Fulton contributed to this report.