[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[B. Resignation of a Member From the House]
[§ 3. Procedures and Forms]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 354-373]
CHAPTER 37
Resignations
B. Resignation of a Member From the House
Sec. 3. Procedures and Forms
A Member customarily resigns from the House by transmitting a
letter of resignation directly to the executive authority of the
Member's State and customarily informs the House that he has done so by
letter to the Speaker, the latter communication being satisfactory
evidence of the Member's resignation.(1)
---------------------------------------------------------------------------
1. 2 Hinds' Precedents Sec. Sec. 1167-1176; 1 Hinds' Precedents
Sec. 567. When the executive authority of the State concerned
takes cognizance of a resignation, that executive declares a
vacancy and issues a writ of election to fill it. U.S. Const.
art. I, Sec. 2, clause 4; Ch. 8, Sec. 9, supra.
The House in the 108th Congress changed Rule XX clause 5 to
codify the longstanding practice that the whole number of the
House is reduced when a vacancy arises. The change also
provided that the Speaker announce such reduction (without
appeal) and lay before the House any documentation he might
deem pertinent. See 149 Cong. Rec. 9, 10, 108th Cong. 1st
Sess., Jan. 7, 2003. The House also adopted changes to Rule I
clause 8(b), House Rules and Manual Sec. 632 (2007) for the
event of a vacancy in the Office of Speaker. See Ch. 38,
Sec. Sec. 1, 2.2,
infra. -------------------
---------------------------------------------------------------------------
Resignations Submitted to the Executive Authority of a State; Procedure
Sec. 3.1 A Member properly submits his resignation from the House to an
official designated by State law and simply informs the House of
his doing so, the latter communication being satisfactory evidence
of the resignation,(1) and the Speaker lays before the
House a letter from a Member transmitting a copy of his resignation
by letter to the executive authority of his State.
---------------------------------------------------------------------------
1. 1 Hinds' Precedents Sec. 567.
---------------------------------------------------------------------------
On Jan. 20, 2004,(2) the following proceedings occurred:
---------------------------------------------------------------------------
2. 150 Cong. Rec. 65, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following resignation
from the House of Representatives:
Congress of the United States,
House of Representatives,
Washington, DC, January 14, 2004.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Capitol Building, Washington, DC.
Dear Mr. Speaker: Enclosed is a copy of my official resignation
letter that was sent to the Governor of South Dakota and the SD
Secretary of State.
[[Page 355]]
I will be resigning from the House of Representatives effective
11:59 p.m. on January 20, 2004.
Please let me know if there are any further formalities which I
must perform or accomplish to effectuate this resignation.
Thank you for all the courtesies you have extended to me and
the people of South Dakota.
Sincerely,
William J. Janklow.
Enclosure.
Congress of the United States,
House of Representatives,
Washington, DC, January 14, 2004.
Hon. Mike Rounds,
Governor of South Dakota,
Pierre, SD.
Hon. Chris Nelson,
Secretary of State,
Pierre, SD.
Dear Governor Rounds and Secretary of State Nelson: I wish to
inform you that because of present circumstances, I am and will be
unable to perform the duties incumbent upon me in representing the
people of South Dakota as their US Representative.
Therefore, I wish to inform you that I will resign from the
House of Representatives effective 11:59 p.m. on January 20, 2004.
Representing the people of South Dakota in all the capacities
that I have over the years has brought a treasure of memories and
friends. This includes the year I have spent in the US House.
I am thankful to the people of South Dakota for the courtesies
they have shown me.
Sincerely,
William J. Janklow.
On Sept. 11, 1991,(3) the Speaker laid before the House
a communication from a Member resigning his seat in the House.
3. 137 Cong. Rec. 22616, 102d Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, DC,
September 11, 1991.
Hon. Thomas S. Foley,
Speaker, U.S. Capitol, Washington, DC.
Dear Mr. Speaker: By the attached letter to Governor Robert P.
Casey, I have tendered my resignation as a Representative in
Congress for the 2nd Congressional District of Pennsylvania
effective at the close of business September 11, 1991.
Sincerely,
William H. Gray, III
Member of Congress.
On Sept. 8, 1982,(4) Speaker pro tempore Melvin Price,
of Illinois, laid before the House a communication from a Member
resigning his seat in the House.
---------------------------------------------------------------------------
4. 128 Cong. Rec. 22856, 97th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., August 25, 1982.
Hon. Thomas P. O'Neill, Jr.
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: It is with considerable and understandable
regret and deep sadness that I submit my resignation as a
Representative of the 14th Congressional District of New York. Copy
of my statement is enclosed.
All good wishes.
Yours sincerely,
Fred Richmond.
[[Page 356]]
House of Representatives,
Washington, D.C., August 25, 1982.
Hon. Hugh Carey,
Governor, State of New York,
New York, N.Y.
Dear Mr. Governor: It is with considerable and understandable
regret and deep sadness that I submit my resignation as a
Representative of the 14th Congressional District of New York. Copy
of my statement is enclosed.
All good wishes.
Yours sincerely,
Fred Richmond.
On June 3, 1980,(5) the Speaker laid before the House a
communication from a Member resigning his seat in the House.
---------------------------------------------------------------------------
5. 126 Cong. Rec. 13005, 96th Cong. 2d Sess.
---------------------------------------------------------------------------
June 3, 1980.
Hon Thomas P. O'Neill, Jr.
Speaker of the House,
House of Representatives.
Dear Mr. Speaker: I hereby resign from the Office of the
Representative for the 13th Congressional District of Michigan,
effective immediately.
In further compliance with applicable statutes, I have also
sent the same letter of resignation to the Honorable William
Milliken, Governor of the State of Michigan.
Sincerely,
Charles C. Diggs, Jr.
On Sept. 3, 1975,(6) the Speaker laid before the House a
communication from a Member resigning his seat in the House, as
follows:
---------------------------------------------------------------------------
6. 121 Cong. Rec. 27201, 94th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C., August 14, 1975.
Hon. Ray Blanton,
Governor, State of Tennessee,
Nashville, Tenn.
Dear Governor Blanton: This is to respectfully inform you that
I am hereby resigning my seat as Tennessee's Fifth District
Representative to the United States House of Representatives
effective this date.
Sincerely,
Richard H. Fulton.
September 3, 1975.
Hon Carl Albert,
Speaker, U.S. House of Representatives
2205 Rayburn Building
Washington, D.C. 20515
Dear Mr. Speaker: On August 14, 1975, I transmitted my letter
of resignation from the U.S. House of Representatives, Fifth
Congressional District of Tennessee to Honorable Ray Blanton,
Governor, State of Tennessee.
Respectfully,
Richard H. Fulton.
On Jan. 23, 1969,(7) Speaker John W. McCormack, of
Massachusetts, laid before the House the following resignations:
---------------------------------------------------------------------------
7. 115 Cong. Rec. 1571, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
[[Page 357]]
Speaker of the House of Representatives.
Sir: I beg leave to inform you that I have this day transmitted
to the governor of Wisconsin my resignation as a Representative in
the Congress of the United States from the 7th district of
Wisconsin.
Melvin R. Laird.(8)
---------------------------------------------------------------------------
8. Parliamentarian's Note: Rep. Laird's nomination to be Secretary of
Defense had been approved by the Senate on Jan 20, 1969 (Senate
Legislative Day of Jan. 10, 1969). See Sec. 5.11, infra, for
further information regarding the timing of Mr. Laird's
resignation. -------------------
---------------------------------------------------------------------------
RESIGNATION OF A MEMBER FROM THE HOUSE
The SPEAKER laid before the House the following communication:
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Please consider this my formal resignation
from the House of Representatives of the Congress of the United
States in which I have served for the past four years as the Member
from California's 27th District. This resignation is to be
effective at the close of business, January 21, 1969. As you know,
the reason for this resignation is that I have accepted the
position of the Lieutenant Governor of California.
At this time, I would like to take this opportunity to thank
you and all of my colleagues for your kindnesses, for your
cooperation, and above all for the privilege of knowing and working
in this, the greatest legislative body in the world.
Kindest personal regards.
Sincerely,
Ed Reinecke,
Member of Congress.
On May 4, 1964,(9) the Chair laid before the House
communications which the Clerk read as follows:
9. 110 Cong. Rec. 9946, 88th Cong. 2d Sess.
---------------------------------------------------------------------------
May 1, 1964.
Hon. John McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby resign my office as Representative
in the Congress of the United States from the Fifth District of
South Carolina.
I beg leave to inform you that I have this day transmitted to
the Governor of South Carolina my resignation as Representative in
the Congress of the United States from the Fifth District of South
Carolina.
With great respect, I remain, your obedient servant,
Robert W. Hemphill.
May 1, 1964.
His Excellency Donald S. Russell,
Governor of South Carolina.
Sir: I hereby tender my resignation as a Member of the House of
Representatives in the Congress of the United States from the Fifth
District of South Carolina.
Robert W. Hemphill.
[[Page 358]]
On June 19, 1952,(10) the Speaker laid before the House
the following communications, which were read by the Clerk:
---------------------------------------------------------------------------
10. 98 Cong. Rec. 7661, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives
Washington, D. C., June 18, 1952.
Hon. Sam Rayburn,
Speaker of the House of Representatives, Washington, D. C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Governor of Texas my resignation as a
Representative in the Congress of the United States from the
Seventh District of Texas, effective midnight June 30, 1952.
A copy of my letter to the Governor is enclosed herewith.
Respectfully yours,
Tom Pickett,
Member of Congress.
[Enclosure.]
House of Representatives,
Washington, D. C., June 18, 1952.
Hon. Allan Shivers,
Governor of Texas, Austin, Tex.
Dear Governor: I hereby tender to you my resignation as a
Member of the House of Representatives in the Congress of the
United States from the Seventh District of Texas, effective
midnight, June 30, 1952.
Respectfully yours,
Tom Pickett,
Member of Congress.
On May 12, 1938,(11) the Speaker laid before the House
the following notice of resignation:
---------------------------------------------------------------------------
11. 83 Cong. Rec. 6775, 75th Cong. 3d Sess.
---------------------------------------------------------------------------
Washington, D. C., May 11, 1938.
Hon. William B. Bankhead,
Speaker, House of Representatives,
Washington, D. C.
My Dear Mr. Speaker: I beg to inform you that I have this day
transmitted to the Governor of Kentucky my resignation as a
Representative in the Congress of the United States from the Eighth
District of Kentucky, effective May 12, at 10 o'clock a. m. eastern
standard time.
With kindest regards,
I am truly,
Fred M. Vinson.
Resignations Submitted to House; Procedure
Sec. 3.2 A resignation submitted in the first instance to the Speaker
is laid before the House and spread upon the Journal, and the
executive authority of the State is notified of the vacancy if this
has not already been done by the Member.
On Apr. 22, 1991,(1) Speaker pro tempore Dale E. Kildee,
of Michigan, laid before the House a resignation submitted by a Member
[[Page 359]]
to the Speaker rather than to the executive authority of his State, a
copy of the letter to the Speaker having been transmitted to the
Governor.
---------------------------------------------------------------------------
1. 137 Cong. Rec. 8742, 102d Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, April 19, 1991.
Hon. Thomas S. Foley,
Speaker of the House, The Capitol, Washington, DC.
Dear Mr. Speaker: I hereby resign the office of Representative
for the Second Congressional District of Arizona, effective May 4,
1991.
Sincerely,
Morris K. Udall.
cc: Gov. Fife Symington.
On Aug. 8, 1988,(2) Speaker pro tempore Paul E.
Kanjorski, of Pennsylvania, laid before the House a telefacsimile of a
letter from a Member informing the House of his resignation.
---------------------------------------------------------------------------
2. 134 Cong. Rec. 21026, 100th Cong. 2d Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, DC, August 5, 1988.
Hon. Jim Wright.
Speaker of the House of Representatives,
H204, The Capitol, Washington, DC.
Dear Mr. Speaker: I hereby resign as the Representative from
the 19th Congressional District, effective immediately.
Sincerely,
Mario Biaggi,
Member of Congress.
*
House of Representatives
Washington, DC, August 5, 1988.
Hon. Mario Cuomo,
Governor of the State of New York, Executive Chambers,
Albany, NY.
Dear Governor Cuomo: I hereby resign as the Representative from
the 19th Congressional District, effective immediately.
Sincerely,
Mario Biaggi,
Member of Congress.
On Mar. 9, 1982,(3) Speaker pro tempore Dale E. Kildee,
of Michigan, laid before the House a resignation submitted by a Member
to the Speaker rather than to the executive authority of his State.
---------------------------------------------------------------------------
3. 128 Cong. Rec. 3557, 97th Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D.C.,
March 5, 1982.
Hon. Thomas P. O'Neill, Jr.,
The Speaker,
House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I hereby resign my office as a Representative
in Congress from the 30th Congressional District of California
effective at 12 o'clock Noon on Tuesday, March 9, 1982.
Very truly yours,
George E. Danielson,
Member of Congress.
On Apr. 29, 1981,(4) the Speaker laid before the House a
resignation submitted by a Member to
[[Page 360]]
the Speaker rather than to the executive authority of his State.
---------------------------------------------------------------------------
4. 127 Cong. Rec. 7815, 97th Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C., Apr. 29, 1981.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Effective at the adjournment of the House on
Tuesday, May 5, 1981, I hereby resign as a Member of the House of
Representatives. I have also today notified the Governor of the
Commonwealth of Pennsylvania of my action.
It has been an honor for me to serve the people of
Pennsylvania's Third Congressional District as a Member of this
body. I leave with nothing but the highest respect for this House
and with great appreciation to all of its members for the advice
and support that has been given me during my tenure here.
It is my prayer that each Member will be granted special
insight as they deal with the difficulties facing our nation.
Respectfully yours,
Raymond F. Lederer,
Member of Congress.
The SPEAKER. The Chair will notify the Governor of the
Commonwealth of Pennsylvania of the resignation.
On Sept. 1, 1976,(5) the Speaker laid before the House a
resignation submitted by a Member to the Speaker, who secured an order
of the House to notify the Governor.
---------------------------------------------------------------------------
5. 122 Cong. Rec. 28887, 94th Cong. 2d Sess.
---------------------------------------------------------------------------
September 1, 1976.
Hon. Carl L. Albert,
Speaker, House of Representatives,
Washington, D.C.
Dear Sir: I hereby resign my office as Representative in
Congress of the United States from the 18th district of Ohio,
effective immediately.
With great respect,
Wayne L. Hays.
The SPEAKER. Without objection, the Speaker will notify the
Governor of the State of Ohio of the resignation of the gentleman
from Ohio.
There was no objection.
On July 12, 1957,(6) a Member submitted his letter of
resignation to the House, whereupon the Speaker was authorized to
inform the Governor of the State concerned.(7)
---------------------------------------------------------------------------
6. 103 Cong. Rec. 11536, 85th Cong. 1st Sess.
7. See Sec. 5.7, infra, where a Member resigned directly to the House,
the Governor not having acted on the Member's previous letter
of resignation.
---------------------------------------------------------------------------
The SPEAKER. The Chair lays before the House the following
resignation:
July 12, 1957.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
The Capitol, Washington, D. C.
Dear Mr. Speaker: I hereby resign my office as Representative
in the Congress of the United States from the 13th District of
Pennsylvania, effective September 1, 1957.
[[Page 361]]
It would be remiss of me if I did not state how much I have
appreciated your many courtesies to me during the past years.
With great respect, I am,
Very sincerely yours,
Samuel K. McConnell, Jr.,
Member of Congress,
13th District of Pennsylvania.
The SPEAKER. Without objection, the Speaker will notify the
Governor of the State of Pennsylvania of the resignation of the
gentleman from Pennsylvania [Mr. McConnell].
There was no objection.
The Speaker's letter notifying the Governor of the resignation was
as follows:
July 12, 1957.
His Excellency George M. Leader,
Governor of Pennsylvania,
Harrisburg, Pennsylvania.
Sir: Honorable Samuel K. McConnell, Jr. on Friday July 12,
1957, submitted his resignation as a Representative in the Congress
of the United States from the Thirteenth District of Pennsylvania,
effective September 1, 1957, and pursuant to the order of the House
of Representatives of Friday July 12, 1957, I have been directed to
so inform you.
Very truly yours,
Speaker Sam Rayburn.
Sec. 3.3 The Speaker has laid before the House a copy of a letter of
resignation from a Member to the executive authority of his State
or a communication from an executive authority attaching a copy of
such a letter.
On Dec. 12, 1995,(1) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House a copy of a communication from a Member
resigning his seat in the House.
1. 141 Cong. Rec. 36224, 104th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, DC, December 12, 1995.
Hon Pete Wilson,
Governor, State Capitol,
Sacramento, CA.
Dear Mr. Governor: Obviously, you are aware of the recent turn
of events in my life. While I finally received my day in court, I,
unfortunately, was not judged by a jury of my peers and in my
opinion, did not receive a just verdict. Nevertheless, that verdict
is a reality pending appeal.
As I stated to the media immediately after my verdict, it was
never my intention to put the Congress through a vote on expulsion
if I were convicted. Therefore, I am hereby tending my resignation
as representative of the 37th Congressional district effective
December 15, 1995.
Contrary to what anyone has ever said or intimated, I have
never sold out my constituency or my oath of office. I am fully
persuaded that in the near future God will vindicate my name.
Sincerely,
Walter R. Tucker III.
On Sept. 27, 1995,(2) the Speaker laid before the House
a communication from the Governor of a
[[Page 362]]
State, including the attachment thereto of a copy of a communication
from a Member of the House to that Governor by which the Member
resigned his seat as a Member of the House.
---------------------------------------------------------------------------
2. Id. at p. 26567.
---------------------------------------------------------------------------
Office of the Governor
Springfield, IL, September 8, 1995.
Hon. Newt Gingrich,
Speaker of the House of Representatives, U.S. Congress,
Washington, DC.
Dear Speaker Gingrich: Attached please find the official letter
of resignation from Congressman Mel Reynolds of Illinois' Second
Congressional District.
Pursuant to statelaw, I will take the appropriate steps to fill
the vacancy created by Congressman Reynolds' resignation. Please do
not hesitate to let me know if you have any questions regarding
this or any other matter.
Sincerely,
Jim Edgar,
Governor.
Attachment.
Congress of the United States,
House of Representatives
Washington, DC,
September 1, 1995.
Hon. Jim Edgar,
Governor, State of Illinois,
Springfield, IL.
Dear Governor: Tonight I shall be announcing my resignation
from the 104th Congress. Please receive this letter as formal
notice to you of my official resignation effective October 1, 1995.
It has been both an honor and a privilege to serve the people
of the Second Congressional District of Illinois.
Sincerely,
Mel Reynolds.
Receipt During Adjournment Sine Die
Sec. 3.4 When the Speaker, during a period of adjournment, receives
notice of the resignation of a Member from the House, he informs
the House when it reconvenes.
On Aug. 16, 1960,(1) following the adjournment of the
86th Congress, the resignation of a Member was laid before the House as
follows:
1. 106 Cong. Rec. 16535, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
August 8, 1960.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D.C.
Dear Sir: I hereby resign my office as Representative in the
Congress of the United States from North Dakota.
Respectfully,
Quentin N. Burdick.
Parliamentarian's Note: On this occasion, the Speaker announced to
the House that, pursuant to a previous order of the House authorizing
the Speaker to accept resignations during the August recess of the
House, he had, on Aug.
[[Page 363]]
8, 1960, accepted the resignation of Mr. Burdick as a Representative
and had informed the Governor of North Dakota of the receipt of said
resignation. However, in this case the Speaker misspoke, with respect
to acceptance of the resignation, as the Speaker's authority to accept
resignations during a recess is applicable to House officers and
employees and other positions as to which the Speaker makes
appointments, and not to Members, as to whose resignations no
acceptance is necessary.
On Jan. 7, 1959,(2) the resignations of certain Members,
submitted after sine die adjournment of the 85th Congress, were laid
before the House by the Speaker following the organization of the 86th
Congress.
---------------------------------------------------------------------------
2. 105 Cong. Rec. 15, 86th Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives
Washington, D.C., November 12, 1958.
Hon. Sam Rayburn,
Speaker of the House,
House of Representatives,
Washington, D.C.
Sir: I beg leave to inform you that I have this day transmitted
to the Governor of Massachusetts my resignation as Representative
in the Congress of the United States from the 13th District of
Massachusetts, effective November 13, 1958.
Sincerely yours,
Richard B. Wigglesworth.
December 29, 1958.
Hon. Sam Rayburn,
Speaker of the House,
The Capitol,
Washington, D.C.
Dear Mr. Speaker: I hereby resign as a Member of the House of
Representatives of the United States, effective at 12 o'clock
midnight, December 31, 1958.
Very truly yours,
Henry J. Latham.
Sec. 3.5 The Speaker lays before the House, or, in case the House has
adjourned sine die, submits for the Congressional Record following
such adjournment, a letter from a Member advising of his
resignation (usually accompanied by a copy of the actual letter of
resignation that the Member submitted to the State official
concerned).(1)
---------------------------------------------------------------------------
1. Parliamentarian's Note: Although the letter was dated Dec. 8 (the
last day of the first session), the original was not received
that day. Thus, the Speaker was not able to lay the letter down
and make an announcement of the reduced whole number of the
House under Rule XX clause 5(c) (now 5(d)), House Rules and
Manual Sec. 1024b (2007). He did make that announcement before
the call of the roll at the start of the second session.
---------------------------------------------------------------------------
On Dec. 15, 2003,(2) the following proceedings occurred:
---------------------------------------------------------------------------
2. 149 Cong. Rec. 32411, 108th Cong. 1st Sess.
---------------------------------------------------------------------------
[[Page 364]]
Congress of the United States,
House of Representatives,
December 8, 2003.
The Speaker,
House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: It has been a privilege to work with you. I
am grateful for the support, guidance and opportunities you have
provided during my years in the House--especially by allowing me to
play a leadership role in so many important healthcare initiatives.
As I begin a new path in Kentucky, I will appreciate even more the
trials of leadership and the courage of conviction you have
exemplified. Thank you for your friendship, and know that I have
come to admire the gracious and professional manner in which you
lead the House.
During the past 5 years, I have had the great honor to serve as
the Representative for the people of the Sixth Congressional
District of Kentucky. My service in the U.S. Congress has been a
rewarding professional experience. I thank every one of my
constituents who put their trust and faith in my leadership.
Having recently been selected by the people of Kentucky to
serve as the next Governor of that great Commonwealth, I will
resign my seat representing the Sixth Congressional District of
Kentucky effective, upon taking the gubernatorial oath of office at
midnight on Tuesday, December 9, 2003.
I look forward to working with the distinguished Members of the
House in my new position, and have appreciated their friendship,
support, and collegiality during my years in Congress.
Sincerely,
Ernie Fletcher,
Member of Congress.
Congress of the United States,
House of Representatives,
December 8, 2003.
Hon. Paul Patton,
Governor, Commonwealth of Kentucky,
Frankfort, KY.
Dear Governor Patton: For the past five years, it has been my
honor and privilege to serve the people of Central Kentucky in the
U.S. House of Representatives. This past November, I was offered
another opportunity to serve the Commonwealth of Kentucky as the
next Governor.
I hereby wish to tender my resignation as Kentucky's Sixth
Congressional District Representative effective upon taking the
gubernatorial oath of office on Tuesday, December 9, 2003.
Sincerely,
Ernie Fletcher,
Member of Congress.
On Jan. 20, 2004,(3) at the convening of the House on
the day set for commencement of the second session, the Speaker called
the House to order and, following the opening prayer and without motion
from the floor, ordered a call of the House to establish a quorum.
---------------------------------------------------------------------------
3. 150 Cong. Rec. 64-66, 108th Cong. 2d Sess.
---------------------------------------------------------------------------
Where a resignation letter had been received by the Speaker and
printed in the Congressional Record following sine die adjournment of
the first session, the
[[Page 365]]
Speaker announced a reduction in the whole number of the House pursuant
to Rule XX clause 5(c)(4) before the call of the House to
establish a quorum.
---------------------------------------------------------------------------
4. House Rules and Manual Sec. 1024b (2007). Rule XX clause 5(c) was
redesignated Rule XX clause 5(d) in the 109th Congress.
---------------------------------------------------------------------------
Parliamentarian's Note: Because Rep. Fletcher's resignation was
effective before the instant day and because his letter was printed in
the interim Congressional Record between sessions, his name was removed
from the Clerk's roll before its call. Contrast this with the case on
the roll of Rep. Janklow, whose letter was laid down this day (See
Sec. 3.1, supra), but whose resignation was not effective until
midnight: his name was included on the roll, and the Speaker announced
the adjustment to the whole number of the House on the next
day.(5)
---------------------------------------------------------------------------
5. See 150 Cong. Rec. 137, 108th Cong. 2d Sess., Jan. 21, 2004.
---------------------------------------------------------------------------
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. Under clause 5(c) of rule XX, the Chair announces
to the House that, in light of the resignation of the gentleman
from Kentucky (Mr. Fletcher), as indicated in the Record of
December 15, 2003, the whole number of the House is adjusted to
434.
Sec. 3.6 At the beginning of a new session, the Speaker calls the House
to order and, after the opening prayer, lays before the House any
letters notifying the Speaker of resignations from the House since
the last meeting of the House.
On Jan. 15, 1968,(1) the Speaker laid before the House
communications from two Congressmen(2) tendering their
resignations.
---------------------------------------------------------------------------
1. 114 Cong. Rec. 7, 90th Cong. 2d Sess.
2. See Sec. 5.10, infra.
---------------------------------------------------------------------------
RESIGNATION AS MEMBER OF THE HOUSE OF REPRESENTATIVES
Th SPEAKER laid before the House the following communications,
which were read:
Congress of the United States,
House of Representatives,
Washington, D.C., December 15, 1967.
Hon. John W. McCormack,
Speaker of the U.S. House of Representatives, Washington,
D.C.
Dear Mr. Speaker: Herewith please find copy of my resignation
submitted to the Secretary of State, State of New York, as required
by law, effective January 1, 1968.
It has been my privilege to have been able to serve with you
these many years under your great leadership. I will always
remember your wise counsel and guidance, as well as, the many
courtesies extended to me. I will treasure forever your friendship
and that of our colleagues with whom I have served.
[[Page 366]]
With warmest personal regards and very best wishes, I am,
Most Sincerely,
Abraham J. Multer.
Enclosure.
Congress of the United States,
House of Representatives
December 19, 1967.
Hon John W. McCormack,
Speaker of the House of Representatives, Washington, D.C.
Dear Mr. Speaker: This is to clarify the effective date of my
resignation from the House of Representatives. It is intended that
my resignation be effective as of midnight, December 31, 1967,
since my new post as Justice of the New York State Supreme Court
begins on January 1, 1968.
With warm personal regards and best wishes, I am,
Sincerely,
Abraham J. Multer.
Congress of the United States,
House of Representatives
Washington, D.C., December 15, 1967.
Hon John P. Lomenzo,
Secretary of State,
State of New York,
Albany, N.Y.
Dear Mr. Secretary: Pursuant to the requirements of law, I
hereby give you notice that I am resigning as a Member of the
United States House of Representatives for the 13th District of New
York effective the first day of January 1968 on which date, I will
assume the office of Justice of the Supreme Court of the State of
New York to which position I was elected on November 7, 1967.
Sincerely yours,
Abraham J. Multer.
-------------------RESIGNATION AS
MEMBER OF THE HOUSE OF REPRESENTATIVES
The SPEAKER laid before the House the following communication,
which was read:
Congress of the United States,
House of Representatives,
Washington, D.C., January, 1, 1968.
Hon. John W. McCormack,
Speaker of the House of Representatives, U.S. Congress,
Washington, D.C.
Dear Mr. Speaker: Attached is a copy of a letter this day
forwarded to Honorable Paul B. Johnson, Governor of the State of
Mississippi, tendering my resignation as a Member of the United
States House of Representatives effective on my taking the oath of
office as Governor of Mississippi on January 16, 1968.
Mr. Speaker, I came to the Congress believing it to be the
greatest deliberative body on earth. After twenty-one years, I will
leave the Congress even more secure in that belief.
I cherish the many friendships I have made here; and I take
this means through you to express profound appreciation to my
colleagues for their friendships and courtesies throughout the
years.
My service in this body has brought satisfaction in
accomplishment, disappointment in defeat, heartache in frustration,
and joy in triumph. In all,
[[Page 367]]
Mr. Speaker, these have been the most interesting and rewarding
years of my life. I will always be thankful for the privilege of
having been a part of this great institution.
As I leave the Congress to assume a public position of greater
responsibility, I seek the prayers and good will of you and my
colleagues as we strive in common purpose to build a greater and
finer Republic.
With sincere best wishes, I am,
Respectfully,
John Bell Williams.
Congress of the United States,
House of Representatives,
Washington, D.C., January 1, 1968.
Hon. Paul B. Johnson,
Governor,
State of Mississippi,
Jackson, Miss.
Dear Governor Johnson: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Third District of Mississippi, to become
effective on January 16, 1968, on my taking the oath of office as
Governor of the State Of Mississippi.
Respectfully yours,
John Bell Williams.
Sec. 3.7 Election of a new Speaker being the first order of business
when a new Congress convenes (or when the Office of Speaker is
otherwise vacant), the resignation of a Member received during an
adjournment sine die is not laid down before the election of a
Speaker (although the names of resigned Members are stricken from
the roll and are not called to establish a quorum or to elect the
Speaker).
On Jan. 10, 1962,(1) at the convening of the second
session of the 87th Congress, the Clerk, Ralph R. Roberts, called for
nominations for the Office of Speaker. Nominations were made, a vote
taken, and a Speaker elected. The newly elected Speaker(2)
then laid before the House resignations of Members from the House
received during the adjournment sine die between the first and second
sessions of the 87th Congress:
---------------------------------------------------------------------------
1. 108 Cong. Rec. 7, 87th Cong. 2d Sess. The Office of Speaker was
vacant due to the death of Speaker Sam Rayburn (TX) on Nov. 16,
1961, after the adjournment sine die of the first session of
the 87th Congress.
2. John W. McCormack (MA).
---------------------------------------------------------------------------
December 11, 1961.
Office of the Speaker of the House,
House of Representatives,
Washington, D.C.
Dear Sir: On November 8, 1961, I submitted to Gov. Price
Daniels, of Texas, my resignation as Representative from the 13th
Congressional District in the Congress of the United States,
effective December 15, 1961.
[[Page 368]]
Sincerely yours,
Frank Ikard,
Member of Congress.
December 4, 1961.
Hon. John W. McCormack,
Speaker pro tempore,
House of Representatives,
Washington, D.C.
My Dear Mr. Speaker: Please be advised that I have today
transmitted to the Governor of the State of New York, Nelson A.
Rockefeller, my resignation as Representative in the Congress of
the United States from the Sixth Congressional District of New
York, which said resignation is to take effect as of midnight,
December 31, 1961.
With every good wish and kindest and warmest regards, I am,
Sincerely,
Lester Holtzman.
Sec. 3.8 When the Resident Commissioner from Puerto Rico resigns from
the House, the resulting vacancy is filled, pursuant to Federal
law, by appointment by the Governor of the Commonwealth of Puerto
Rico, subject to confirmation by the Senate of the Commonwealth of
Puerto Rico.
On Mar. 4, 1992,(1) the Speaker laid before the House a
letter from the Resident Commissioner to the United States from Puerto
Rico, giving notice of his resignation, and a letter from the Governor
announcing the appointment by the Governor of a new Resident
Commissioner.(2)
---------------------------------------------------------------------------
1. 138 Cong. Rec. 4386, 102d Cong. 2d Sess.
2. Appointment (rather than special election) to fill a vacancy in the
position of Resident Commissioner is provided for by law
(Sec. 36 of Act of Mar. 2, 1917; 48 USC Sec. 892).
---------------------------------------------------------------------------
Members representing the New York City areas of Harlem and the
Bronx were invited by the Speaker to escort the newly appointed
Resident Commissioner to the well to be sworn in.
The letter from the Governor of Puerto Rico and the swearing in of
the new Resident Commissioner were as follows:
Commonwealth of Puerto Rico,
Office of the Governor,
San Juan, PR, February 21, 1992.
Hon.Thomas S. Foley,
Speaker, U.S. House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: I have officially appointed Mr. Antonio J.
Colorado to fill the vacancy that will ensue on March 4, 1992, from
the resignation of Jaime B. Fuster as Resident Commissioner of the
Commonwealth of Puerto Rico in the United States House of
Representatives. The Senate of the Commonwealth of Puerto Rico has
confirmed Mr. Colorado's appointment, as required by Section 36 of
the 1950 Puerto Rican Federal Relations Act, 48 USC Sec. 745.
With my best personal regards, I am
[[Page 369]]
Sincerely yours,
Rafael Hernandez
Colon. -------------------
SWEARING IN OF THE HONORABLE ANTONIO J. COLORADO OF PUERTO RICO
AS A MEMBER OF THE HOUSE
The SPEAKER. Will the gentleman from New York [Mr. Rangel] and
the gentleman from New York [Mr. Serrano] come forward to escort
the Resident Commissioner of Puerto Rico elect, the Honorable
Antonio J. Colorado, to the well to receive the oath of office?
Mr. COLORADO appeared at the bar of the House and took the oath
of office administered by the Speaker as follows:
Do you solemnly swear to support and defend the
Constitution of the United States against all enemies, foreign
and domestic; that you will bear true faith and allegiance to
the same; that you take this obligation freely, without any
mental reservation or purpose of evasion, and that you will
well and faithfully discharge the duties of the office on which
you are about to enter. So help you God.
The SPEAKER. Congratulations, you are a Member of the House of
Representatives.
Sec. 3.9 State law may require that the State executive authority to
whom a Member's resignation is to be submitted is the State
secretary of State rather than the Governor.
By letter to the Secretary of State of New York dated Nov. 7,
1997,(1) Rep. Floyd H. Flake resigned as a Member effective
Nov. 16, 1997. (On Oct. 9, 1997,(2) Mr. Flake had withdrawn
an earlier putative resignation by letter to the Governor of New York
dated Aug. 1, 1997, which proposed to be effective on Oct. 15, 1997,
and which had been laid before the House on Sept. 3,
1997.(3) State law required that a resignation be submitted
to the State secretary of State, not the Governor.)
---------------------------------------------------------------------------
1. See 143 Cong. Rec. 26709, 105th Cong. 1st Sess. See Sec. 5.1,
infra.
2. Id. at p. 22020.
3. Id. at p. 17526.
---------------------------------------------------------------------------
The letters appear in the Congressional Record as follows:
House of Representatives,
Washington, DC, August 4, 1997.
Hon. Newt Gingrich,
Speaker of the House, The Capitol, H-232,
Washington, DC.
Dear Mr. Speaker: This missive comes as an official
announcement of my resignation from the U.S. House of
Representatives, effective October 15, 1997.
My duties and responsibilities as pastor of the Allen A.M.E.
Church in Jamaica, New York, has grown to such a level that I am
needed there on a more consistent basis. I have enjoyed the
opportunities that you have given me to converse with you regarding
my ideas for community, education, and economic development. I hope
that my leaving does not preclude our ability
[[Page 370]]
to, in some way, continue these discussions in the future.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
House of Representatives,
Washington, DC, August 1, 1997.
Hon. George E. Pataki,
State of New York,
Office of the Governor, Albany, NY
Dear Governor Pataki. This missive comes as an official
announcement of my resignation from the U.S. House of
Representatives, effective October 15, 1997.
My duties and responsibilities as pastor of Allen A.M.E. Church
have grown to a level which necessitates my presence on a more
consistent basis.
I have called your office, and hope to be able to speak with
you in the near future.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress. . . .
Congress of the United States,
House of Representatives
Washington, DC, October 8, 1997.
Hon. Alexander Treadwell,
Secretary of State,
Albany, NY.
Dear Secretary Treadwell: After considering the needs of my
constituents and the short time remaining in this session, I intend
to remain in Congress at least until our legislative business is
completed.
I have reviewed section 31 of the Public Officers law, and I
understand that my retirement announcement to the Governor on
August 4, 1997 was an erroneous interpretation of the statutory
requirements for resignations. Therefore, it is also my belief
that, according to section 31, any record of my resignation is not
effective since I have never directly notified your office of my
plans. I will, however, inform you of my plans at the appropriate
time, which in this case will be no more than thirty days prior to
my resignation.
If there are any questions regarding my plans, please feel free
to contact me, or Sean Peterson, my Chief of Staff.
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
House of Representatives,
Washington, DC, November 7, 1997.
Hon. Alexander Treadwell,
Secretary of State,
Albany, NY.
Dear Secretary Treadwell: Pursuant to section 31 of the Public
Officers law, I hereby inform you that I am resigning from the
United States House of Representatives. My resignation will become
effective at midnight on November 16, 1997.
As you and the citizens of New York are well aware, I am
returning to my pastorate at the Allen A.M.E. church in Jamaica,
Queens. Although I have been called back to Allen to devote my
energy and full-time attention to its congregation, I am proud of
my service in Congress. It has been my distinct privilege to
represent the people of the 6th Congressional District of New York,
and an honor to serve the people of the United States of America.
[[Page 371]]
With warmest regards, I am
Sincerely,
Floyd H. Flake,
Member of Congress.
On Jan. 6, 1960,(4) the resignation of a Member,
indicating that the Secretary of State of the State of New York had
been notified, was laid before the House:
4. 106 Cong. Rec. 5, 86th Cong. 2d Sess.
---------------------------------------------------------------------------
December 31, 1959.
Hon. Sam Rayburn,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the secretary of state, State of New York, my
resignation as Representative in the Congress of the United States
from the 23d District of New York.
Sincerely yours,
Isidore Dollinger.
Mr. Louis B. Heller, of New York, submitted his resignation to the
Governor of New York on July 21, 1954; at the same time he tendered his
resignation to the House, and these resignations were laid before the
House on July 23, 1954, as follows: (5)
---------------------------------------------------------------------------
5. 100 Cong. Rec. 11756, 83d Cong. 2d Sess.
---------------------------------------------------------------------------
Brooklyn, N. Y., July 21, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker, House of Representatives, Washington, D.C.
Dear Mr. Speaker: I herewith submit my resignation as a
Representative of the 83d Congress from the Eighth Congressional
District of New York to take effect on the 21st day of July 1954.
I have the honor to enclose a copy of a letter addressed to the
Hon. Thomas E. Dewey, Governor of New York, notifying him of said
resignation.
I have the honor to be, respectfully,
Louis B. Heller,
Member of Congress,
Eighth District, New York.
Subsequently, Mr. Heller submitted to the Speaker another letter
which, on July 29, 1954,(6) was laid before the House. In
it, Mr. Heller explained that he had been advised that his resignation
was required to be transmitted to the Secretary of State of the State
of New York instead of the Governor.
---------------------------------------------------------------------------
6. Id. at p. 12628.
---------------------------------------------------------------------------
July 28, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I enclose herewith copy of a letter which I
have this day addressed to the Honorable Thomas J. Curran,
Secretary of the State of New York, notifying him of my resignation
as a Member of Congress from the Eighth Congressional District, New
York, which took effect on July 21, 1954.
In my communication to you of July 21, 1954, I enclosed a copy
of a letter
[[Page 372]]
addressed to Governor Dewey. Apparently, notice of my resignation
is required to be transmitted to the Secretary of the State of New
York (election law, State of New York, sec. 297), hence the
enclosed.
With kindest regards, I am
Sincerely,
Louis B. Heller.(7)
---------------------------------------------------------------------------
7. See also Sec. 5.10, infra, noting that the resignation of Mr. James
F. Battin (MT), was tendered to both the Governor and the
Secretary of State.
---------------------------------------------------------------------------
Sec. 3.10 There have been instances in which a Member's resignation
from the House has been accepted by the Governor of the Member's
State even though State law contemplated submission of such a
resignation to the State Secretary of State.
On Jan. 3, 1956,(1) the Speaker laid before the House a
copy of a communication from a Member from the State of New York that
the Member had submitted to the Governor of that State and in which the
Member tendered to the Governor (and not to the State Secretary of
State, as specified in State law) his resignation as a Member of the
House.
---------------------------------------------------------------------------
1. 102 Cong. Rec. 4, 84th Cong. 2d Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D. C., December 21, 1955.
His Excellency Averell Harriman,
Governor of the State of New York,
The Executive Chamber, Capitol,
Albany, N. Y.
Sir: I hereby tender to you my resignation as a Member of the
House of Representatives in the Congress of the United States from
the 22d District of New York, effective midnight, Monday, January
2, 1956.
Respectfully yours,
Sidney A. Fine,
Member of Congress.
Similarly, on Jan 5, 1955,(2) sundry resignations were
laid before the House. Among them was a letter from a Member from the
State of New York stating that he had transmitted to the Governor of
New York his resignation as a Member of the House.
---------------------------------------------------------------------------
2. 101 Cong. Rec. 11, 84th Cong. 1st Sess.
---------------------------------------------------------------------------
New York, N. Y., December 31, 1954.
Hon. Joseph W. Martin, Jr.,
Speaker of the House of Representatives,
Washington, D.C.
Sir: I beg leave to inform you that I have this day transmitted
to His Excellency Thomas E. Dewey, Governor of the State of New
York, my resignation as a Representative in the Congress of the
United States from the 21st Congressional District of New York.
Respectfully,
J. K. Javits.
Parliamentarian's Note: Mr. Javits also submitted his resignation
to the Secretary of State of
[[Page 373]]
the State of New York, as required by State law.(3)
---------------------------------------------------------------------------
3. See Sec. 3.9, supra.
---------------------------------------------------------------------------