Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.
Former Florida GOP Rep.
Matt Gaetz withdrew his nomination as attorney general on Thursday as
new allegations about sexual relationships he had with a minor emerged. Gaetz had already announced his immediate resignation from Congress, but it’s possible he could take his seat in the next Congress in January.
How would this work? First, Gaetz would have to rescind his intention to not take the seat that he won in November in the Congress that begins in January 2025. He officially
resigned from Congress on Nov. 13 when he submitted a letter declaring his resignation “effective immediately.” Adding, “I do not intend to take the oath of office for the same office in the 119th Congress.”
There is no existing precedent for a member of Congress resigning from one session of Congress, but then taking the same seat they were elected to in the next. That makes this a bit murky — and there are
competing legal analyses for the situation.
If Gaetz claimed that he now intends to take his seat in January, someone could sue to prevent him from doing so. That could be the Florida Secretary of State, who could claim that his resignation was official and the special election to fill his seat was already under way. It’s unclear how courts would rule in such a situation because it’s unprecedented.
More at the link below...
Congress would have to decide if there's a "no take backs" rule for stating you won't take a seat you were elected to.
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That doesn't seem fair! He should have to live with his decision! What do you think?