The former Florida Rep. Matt Gaetz he retired his bid to become attorney general in the next Trump administration, but the question remains: can he return to his former job as a member of Congress?
Gaetz, for his part, has only intended not to take the oath of office for the 119th Congress – which will begin on January 3, 2025 and Gaetz won re-election. He cannot adjourn a session of Congress that has not yet met or that he has not taken an oath to serve; that means he’s still eligible to serve in the 119th, although there’s no way he can withdraw his resignation and go back to the lame-duck 118th, he says House rules.
Home Secretary Read Gaetz’s resignation letter on Nov. 14 — after being named by President-elect Donald Trump as his attorney general — he said: “I am hereby resigning as United States Representative for Florida’s first congressional district, effective immediately. And I have no intention of taking the position of attorney general in the Trump administration. He was sworn in to the same office in the 119th Congress to fulfill it.”
Matt Gaetz speaks during day three of the 2024 Republican National Convention at the Fiserv Forum in Milwaukee, Wisc., on July 17, 2024.
Patrick T. Fallon/AFP via Getty Images, FILE
If Gaetz changes his mind and notifies the House Clerk that he intends to serve in the 119th Congress, then he can be sworn in as no special election has yet been scheduled to fill the coveted post.
The rules of the House of Representatives dictate that at the beginning of the first session of Congress members must make their presence known in order to take their seats. The following is the rule: “House Rules 2. (a): At the beginning of the first session of each Congress, the Secretary will call the Members, Delegates and Resident Commissioners to order and continue to order the presence of the States alphabetically. through the call of the census or through the electronic voting system”.
If Gaetz or any other member does not report to the Capitol to register their presence, the seat in that district will become vacant.
House rules have few more specifics. ABC News has reached out to the Secretary’s Office for additional guidance.
And Florida’s election laws seem vague on the issue.
Former President Donald Trump walks past Rep. Matt Gaetz to speak to the press at the end of the day’s trial in Manhattan Criminal Court in New York, May 16, 2024.
Mike Segar/POOL/AFP via Getty Images
Florida Elections Official Paul Lux, Okaloosa County Supervisor The electionswho is in Gaetz’s district, told ABC News that when he announced the primary for a special election to fill Gaetz’s seat would be held in February, the general election would likely be held in April. He insisted that nothing is final until official dates come out of Ron DeSantis’ office in Florida.
DeSantis, for his part, has not yet formally set a date for that special election.
ABC News has reached out to the Florida Department of State’s Division of Elections to ask if the language in Gaetz’s letter triggers an automatic loophole or if there is anything under Florida law that prevents him from returning to the 119th Congress. Some Republicans in the district have already announced plans to run, though one candidate, Joel Rudman, said he would support Gaetz if he wanted to return to Congress.
Gaetz has not publicly said what he plans to do next. His wife Ginger Gaetz posted a photo with him early Thursday On the steps of the Capitol, with the text “End of an Era”.
