[Deschler-Brown Precedents, Volume 17, Chapters 34 - 40]
[Ch. 37. Resignations]
[B. Resignation of a Member From the House]
[§ 5. Conditional Resignations; Timing]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 401-424]
CHAPTER 37
Resignations
B. Resignation of a Member From the House
Sec. 5. Conditional Resignations; Timing
One may resign as a Member of the House at any time, even before
taking the oath.(1) A resignation may be made contingent on
another factor(2) and may designate a future date on which
it is to become effective.(3)
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1. 2 Hinds' Precedents Sec. Sec. 1230 et seq.
2. See Sec. Sec. 5.4 et seq.
3. See Sec. Sec. 5.1, 5.7, infra.
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In some instances of the resignation of a Member in order for the
Member to accept a position in the Executive branch, the Member's
resignation was not laid before the House until after the Member's
being sworn as an official of the Executive branch, although the
resignation was submitted before the swearing.(4)
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4. See Sec. 5.11, infra. -------------------
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Effective on Future Date
Sec. 5.1 It has been possible for a Representative to resign a seat in
the House prospectively, specifying an effective date in the
future.(1)
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1. It has been possible even to resign effective on the election of a
successor. See, for example, Sec. 5.6, infra.
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A prospective resignation might enable the State concerned
prospectively to take cognizance of the vacancy as a constitutional
predicate for the issuance by the executive authority of the State of a
writ of election to fill the vacancy.(2)
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2. For an instance in which the executive authority of a State
declined to take cognizance of a contingent resignation, see
the case of Rep. T. Vincent Quinn (NY) on Dec. 30, 1951
(Sec. 5.12, infra).
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[[Page 402]]
A resignation stating a future effective date (but worded
irrevocably) has enabled a special election based on a prospective (but
definite) vacancy.(3)
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3. A finding of vacancy presumably must logically eclipse any avenue
of withdrawal and, presumably, as goes the power of withdrawal
so also goes the power of modification. The House has allowed
withdrawal in the case of defective resignation, that is, where
the Member had not actually transmitted the letter of
resignation (6 Cannon's Precedents Sec. 229) or had transmitted
it to an improper State official (the case of Floyd Flake
[N.Y.], infra, this section and Sec. 3.9, supra, reflecting
withdrawal of an initial, misdirected resignation).
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On July 22, 2004,(4) the following
occurred:(5)
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4. 150 Cong. Rec. 17328, 108th Cong. 2d Sess.
5. Parliamentarian's Note: Because Rep. Bereuter's resignation would
take effect during the August recess, the Chair did not
announce an adjustment to the whole number of the House under
Rule XX clause 5(c) until after the recess (Sept. 7, 2004). See
House Rules and Manual Sec. 1024b (2007). Clause 5(c) was
changed to clause 5(d) in the 109th Congress.
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RESIGNATION FROM THE HOUSE OF REPRESENTATIVES
The SPEAKER pro tempore(6) laid before the House the
following resignation from the House of Representatives:
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6. Michael Simpson (ID).
Congress of the United States,
House of Representatives,
July 20, 2004.
Hon. J. Dennis Hastert,
Speaker, House Of Representatives, Room H-232, The Capitol,
Washington, DC.
Dear Mr. Speaker: It has been my great privilege and honor to
have represented the citizens of Nebraska's 1st Congressional
District in the U.S. House of Representatives for 13 terms. During
that time I have served with an extraordinary number of talented
and dedicated representatives from both sides of the aisle, and
with similarly dedicated and effective congressional staff, who of
course make possible the work of Congress.
As a Member, I have been particularly aided by an especially
talented, loyal, unusually long-serving, and hard-working
congressional office staff and subcommittee staff of high integrity
who epitomize the best qualities of my Nebraska constituents and of
those Americans who make our country the finest in the world.
However, there comes a time in many a representative's life
when that Member of Congress is ready to focus on other priorities
and objectives, and I am at that point in my life. Therefore, Mr.
Speaker, the purpose of this letter is to communicate to you and
the House, that effective at the end of the day on August 31, 2004,
I am resigning my seat as the Representative of the 1st District of
Nebraska in the U.S. House of Representatives. I also have written
to the Governor of Nebraska to advise him of my decision.
Best wishes,
Doug Bereuter,
Member of Congress.
[[Page 403]]
-------------------Congress of the
United States,
House of Representatives,
July 20, 2004.
Hon. Mike Johanns,
Governor, State of Nebraska, State Capitol, P.O. Box 94848,
Lincoln, Nebraska.
Dear Governor Johanns: It has been my great privilege and honor
to have represented the citizens of Nebraska's 1st Congressional
District in the U.S. House of Representatives for 13 terms. During
that time I have served with an extraordinary number of talented
and dedicated representatives from both sides of the aisle, and
with similarly dedicated and effective congressional staff, who of
course make possible the work of Congress.
As a Member, I have been particularly aided by an especially
talented, loyal, unusually long-serving, and hard-working
congressional office staff and subcommittee staff of high integrity
who epitomize the best qualities of my Nebraska constituents and of
those Americans who make our country the finest in the world.
However, there comes a time in many a representative's life
when that Member of Congress is ready to focus on other priorities
and objectives, and I am at that point in my life. Therefore, the
purpose of this letter is to communicate to you that effective at
the end of the day on August 31, 2004, I am resigning my seat as
the Representative of the 1st District of Nebraska in the U.S.
House of Representatives. I also have written to the Speaker of the
U.S. House of Representatives to advise him of my decision.
Best wishes,
Doug Bereuter,
Member of Congress.
On Jan. 27, 2003,(7) Speaker pro tempore John Abney
Culberson, of Texas, laid before the House a communication dated Jan.
7, 2003, from Rep. Larry Combest, of Texas, resigning his seat in the
House effective at the close of business May 31, 2003.(8)
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7. 149 Cong. Rec. 1750, 1751, 108th Cong. 1st Sess.
8. Texas provided for Rep. Combest's successor to be elected before
the effective date of his resignation. The ostensibly
irrevocable character of Rep. Combest's resignation (reading
both letters together) presumably justified the Governor's
finding of a vacancy for the period from June 1, 2003, through
the end of Rep. Combest's term on Jan. 3, 2005--the predicate
for his issuance of a writ of election under clause 4, Sec. 2,
art. I of the Constitution.
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House of Representatives,
Washington, DC, January 7, 2003.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have had the great privilege and honor to
have been selected as the representative of the people of the 19th
District of Texas through ten elections. My service in the U.S.
Congress has been the most rewarding professional experience of my
life, and I thank every one of my constituents who were kind enough
to put their trust and faith in my leadership.
However, there comes a time in everyone's life when the focus
needs to be
[[Page 404]]
more on family than other things, and I am at that point in my
life.
At close of business on May 31, 2003, I will resign my seat as
the Representative of the 19th district of Texas in the U.S. House
of Representatives. I have written to the Governor of Texas to
advise him of my decision so that he can set a date to schedule an
election so the people of the 19th District can choose my
successor.
Sincerely,
Larry Combest
House of Representatives,
Washington, DC, January 7, 2003.
Hon. Rick Perry,
Governor of Texas, State Capitol,
Austin, TX.
Dear Rick: I have had the great privilege and honor to have
been selected as the representative of the people of the 19th
District of Texas through ten elections. My service in the U.S.
Congress has been the most rewarding professional experience of my
life, and I thank every one of my constituents who were kind enough
to put their trust and faith in my leadership.
However, there comes a time in everyone's life when the focus
needs to be more on family than other things, and I am at that
point in my life.
Please accept this letter as my resignation from the office of
Representative of the 19th District of Texas in the U.S. House of
Representatives to be effective close of business May 31, 2003. As
I continue to serve the great people of the 19th district until
such date, this written resignation should allow you sufficient
opportunity to set a date to schedule an election so the people of
the 19th District can choose my successor.
Sincerely,
Larry Combest.
Proclamation by the Governor of the State of Texas
Whereas, a vacancy for election purposes now exists in the
membership of the United States House of Representatives from the
19th Congressional District of Texas, which consists of Andrews,
Bailey, Cochran, Crane, Ector, Gaines, Hockley, Howard, part of
Lamb, Loving, Lubbock, Lynn, Martin, Midland, Parmer, Terry, Ward,
Winkler, and Yoakum Counties; and
Whereas, the United States Constitution, art. I, Sec. 2,
requires the executive authority of the state to issue writs of
election to fill such vacancies, and 2 USC Sec. 8, requires that
the date of such election be as prescribed by state law, and Texas
Election Code Sec. 204.021, requires that such a vacancy be filled
by special election; and
Whereas, Tex. Elec. Code Sec. 203.004, requires that, absent a
finding of an emergency, the special election be held on the next
eligible uniform election date occurring on or after the 36th day
after the date the election is ordered, which would be May 3, 2003;
and
Whereas, Tex. Elec. Code Sec. 3.003, requires the election to
be offered by proclamation of the Governor;
Now, therefore, I Rick Perry, Governor of Texas, under the
authority vested in me by the Constitution and Statutes of the
State of Texas, do hereby order by this proclamation a special
election to be held in District 19 on
[[Page 405]]
Saturday, May 3, 2003, for the purpose of electing a U.S.
Representative for Dist. 19 to serve out the unexpired term of the
Hon. Larry Combest.
Candidates who wish to have their names placed on the special
election ballot must file their applications with the Secretary of
State no later than 5:00 p.m. on Wednesday, April 2, 2003.
Early voting by personal appearance shall begin on Wednesday,
April 16, 2003, in accordance with Tex. Elect. Code Sec. 85.001(a).
On Nov. 27, 2001,(9) Speaker pro tempore Judy Biggert,
of Illinois, laid before the House a communication dated Nov. 15, 2001,
from Rep. Steve Largent, of Oklahoma, resigning his seat in the House
effective Feb. 15, 2002:(10)
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9. 147 Cong. Rec. 23006, 107th Cong. 1st Sess.
10. Oklahoma enrolled Senate Bill Number 7X, enacted and signed by the
Governor of Oklahoma in Oct. 2001, during the first
extraordinary session of the 48th Legislature, contemplated
that Rep. Largent's tender of an irrevocable resignation
effective Feb. 15, 2002, would enable a gubernatorial writ of
election. Thus, a successor was elected on Jan. 8, 2002, to
fill the seat that Rep. Largent did not actually vacate until
Feb. 15, 2002.
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House of Representatives,
Washington, DC, November 15, 2001.
Hon. J. Dennis Hastert,
The Office of the Speaker,
Capitol, Washington, DC.
Dear Denny: I am writing to inform you that February 15, 2002
has been set in Oklahoma as the date for my resignation from
Congress. I am pleased to report that the Oklahoma legislature
recently passed a law that will ensure that Oklahoma's 1st
Congressional District will not go unrepresented as I make the
transition to a full-time campaign for governor. The law required
that I make my intent to resign irrevocable, which I have
communicated to Oklahoma's Secretary of State.
Serving in the House of Representatives has been one of the
greatest honors and challenges of my life. I want to thank you for
your leadership, your steadfastness in the pursuit of our ideals,
and for your friendship during the past few years. While I will
miss working alongside my colleagues in Congress, I am eager to
fight for the principles our party stands for as the next governor
of Oklahoma.
Please do no hesitate to contact me or my chief of staff, Mike
Willis, if you have any questions regarding this transition.
Sincerely,
Steve Largent,
Member of Congress.
Enclosure.
House of Representatives,
Washington, DC, October 26, 2001.
Hon. Mike Hunter,
Oklahoma Secretary of State,
Oklahoma City, OK.
Dear Secretary Hunter: Pursuant to enrolled Senate Bill Number
7X, enacted and signed by the Governor this week during the first
extraordinary session of the 48th Legislature, please accept this
letter as official notice of
[[Page 406]]
my resignation as Congressman of the First District of Oklahoma.
This resignation is irrevocable and shall become effective on
February 15, 2002.
My decision to leave was made after much prayer and
consideration for the constituents I now serve. It has been an
honor and a privilege to have served as the Representative for the
people of the First District.
Sincerely,
Steve Largent,
Member of Congress.
On June 5, 2001,(11) Speaker pro tempore Biggert laid
before the House a communication dated May 25, 2001, from a Member
resigning his seat in the House effective Sept. 6, 2001:
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11. 147 Cong. Rec. 9882, 107th Cong. 1st Sess.
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Congress of the United States,
House of Representatives,
Washington, DC, May 25, 2001.
Hon. Dennis Hastert,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: I am writing to formally notify you that I
will be retiring from my position as the United States
Representative for Florida's First Congressional district,
effective September 6, 2001. A similar letter has been sent to the
Honorable Jeb Bush, Governor of the State of Florida.
Sincerely,
Joe Scarborough,
Member of Congress.
Congress of the United States,
House of Representatives,
Washington, DC, May 25, 2001.
Hon. Jeb Bush,
The Capitol,
Tallahassee, FL.
Dear Governor Bush: I am writing to inform you that I am
irrevocably resigning my position as United States Representative
for the First District of Florida, effective September 6, 2001. A
similar letter has been sent to the Honorable J. Dennis Hastert,
Speaker of the United States House of Representatives.
I appreciate your friendship and the support you have shown
Northwest Florida.
Sincerely,
Joe Scarborough,
Member of Congress.
On Jan. 31, 2001,(12) Speaker pro tempore Michael K.
Simpson, of Idaho, laid before the House a communication dated Jan. 29,
2001, from a Member resigning his seat in the House effective Feb. 2,
2001:
12. Id. at p. 1056.
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Congress of the United States,
House of Representatives,
Washington, DC, January 29, 2001.
Speaker J. Dennis Hastert,
The U.S. House of Representatives,
The Capitol, Washington, D.C.
Dear Mr. Speaker: Attached herewith is a copy of my letter to
Governor Tom Ridge of the Commonwealth of Pennsylvania stating that
my retirement and resignation from the United States Congress shall
be effective at 2400 hours, Friday, February 2, 2001.
Sincerely,
Bud Shuster,
Member of Congress.
[[Page 407]]
Congress of the United States,
House of Representatives,
Washington, DC, January 29, 2001.
Gov. Tom Ridge,
Commonwealth of Pennsylvania,
Office of the Governor, Harrisburg, PA.
Dear Governor Ridge, I hereby submit my letter of retirement
and resignation from the United States Congress, effective at 2400
hours, Friday, February 2, 2001.
Sincerely,
Bud Shuster,
Member of Congress.
On Feb. 25, 1999,(13) Speaker pro tempore Ray LaHood, of
Illinois, laid before the House a communication dated Jan. 27, 1999,
from a Member resigning his seat in the House effective Feb. 28, 1999:
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13. 145 Cong. Rec. 3117, 106th Cong. 1st Sess.
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House of Representatives
Washington, DC, January 27, 1999.
Hon. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Enclosed please find a copy of a letter to
the Louisiana Secretary of State announcing my intention to resign
from the U.S. House of Representatives on February 28, 1999. Upon
receipt of this letter, I expect the Governor to notice and call an
election to fill my vacancy. My hope is that it will occur as
quickly as possible so as to result in as little inconvenience as
possible to the Republican Conference.
Sincerely,
Robert L. Livingston,
Member of Congress.
On Feb. 3, 1998,(14) the Speaker laid before the House a
communication dated Jan. 15, 1998, from a Member resigning his seat in
the House effective Feb. 6, 1998:
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14. 144 Cong. Rec. 515, 105th Cong. 2d Sess.
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House of Representatives,
Washington, DC, January 15, 1998.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: It is with very mixed feelings that I write
to you to tender my resignation from the House of Representatives,
effective at the close of business on Friday, February 6, 1998.
After so many years of watching my family's sacrifice, in the
interests of public service, I find that the requirements of being
more available to them now press very hard upon me. Therefore, I
will leave the House and turn my attention to these pressing
matters.
Serving in the House has been a profound honor, both because it
has allowed me to share in the traditions and history of the House
and because of the incredible district that I was honored to
represent in the House chamber. I will miss my many colleagues and
the opportunity to contribute so directly to the governance of our
nation. I leave with a sense of significant accomplishment, as well
as with the optimism with which I entered the chamber for the first
time in
[[Page 408]]
1971. I will value our friendship and the challenging debate that
we have engaged in over these many years.
Mr. Speaker, I wish you well and extend through you my very
best wishes to all of our colleagues.
Sincerely yours,
Ronald V. Dellums,
Member of Congress.
House of Representatives,
January 27, 1998.
Gov. Pete Wilson,
State Capitol,
Sacramento, CA.
Dear Governor Wilson: I write to you pursuant to California law
to advise you that I will resign my office, Representative in
Congress, 9th California District, effective at the close of
business on February 6, 1998. I have similarly advised the Speaker
of the House of Representatives.
I appreciate and have been honored by the opportunity to have
served the people of the State of California in the United States
Congress.
Sincerely yours,
Ronald V. Dellums,
Member of Congress.
On Dec. 15, 1997,(15) following a recess, the Speaker,
Newt Gingrich, of Georgia, inserted in the Congressional Record a
communication from Rep. Floyd Flake, of New York, to the Secretary of
State of New York dated Nov. 7, 1997, resigning his seat in the House
effective one week after the date of the communication, on Nov. 16,
1997:(16)
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15. 143 Cong. Rec. 26709, 105th Cong. 1st Sess.
16. Rep. Flake previously had withdrawn on Oct. 9, 1997, an earlier
putative resignation by letter to the Governor of New York
dated Aug. 4, 1997, which proposed to be effective on the date
of Oct. 15, 1997, and which had been laid before the House on
Sept. 3, 1997. The law of the State of New York required that a
resignation be submitted to its Secretary of State. See also
Sec. 3.9, supra.
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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.
With warmest regards, I am
Sincerely,
Floyd H. Flake.
Member of Congress.
[[Page 409]]
On Jan. 21, 1993,(17) Speaker Thomas S. Foley, of
Washington, laid before the House a communication from a Member
resigning his seat in the House effective at the end of the current
month, on Jan. 31, 1993:
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17. 139 Cong. Rec. 423, 103d Cong. 1st Sess.
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House of Representatives,
Washington, DC, January 12, 1993.
Hon. George V. Voinovich,
Governor, State of Ohio, Columbus, OH.
Dear George: I am writing to inform you that I will be
resigning my seat in the U.S. House of Representatives effective at
the close of business January 31, 1993.
Sincerely,
Bill Gradison.
On Mar. 17, 1981,(18) the Speaker laid before the House
a communication from a Member resigning his seat in the House effective
four weeks later, on Apr. 13, 1981:
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18. 127 Cong. Rec. 4423, 97th Cong. 1st Sess.
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House of Representatives,
Washington, D.C., March 13, 1981.
Hon. Thomas P. O'Neill, Jr.,
Speaker of the House of Representatives,
2231 Rayburn House Office Building,
Washington, D.C.
Dear Mr. Speaker: Enclosed is a copy of the letter I have sent
this day to The Honorable William Winter, Governor of the State of
Mississippi, advising him of my resignation from the United States
House of Representatives effective at the close of business on
Monday, April 13, 1981.
Sincerely,
Jon Hinson,
Member of Congress.
House of Representatives,
Washington, D.C., March 13, 1981.
Hon. William Winter,
Governor of Mississippi,
Jackson, Miss.
Dear Governor Winter: This is to advise you that I resign from
the United States House of Representatives effective at the close
of business on Monday, April 13, 1981.
Sincerely,
Jon Hinson,
Member of Congress.
On Dec. 30, 1980,(19) the Speaker, Thomas P. O'Neill,
Jr., of Massachusetts, inserted in the Congressional Record a
communication from a Member dated Dec. 18, 1980, in which the Member
resigned his seat in the House effective Dec. 29, 1980:
19. 126 Cong. Rec. 34415, 96th Cong. 2d Sess.
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Congress of the United States,
House of Representatives,
Washington, D.C. December 18, 1980.
The Honorable Brendan T. Byrne,
Office of the Governor,
Executive State House,
Trenton, N.J.
[[Page 410]]
Governor Byrne: In accordance with the law, I hereby resign as
the Representative of the Fourth District of New Jersey effective
midnight, December 29, 1980.
Sincerely yours,
Frank Thompson, Jr.
Copies: Hon. Edmund L. Henshaw, Jr., Clerk of the U.S. House of
Representatives; Hon. Benjamin J. Guthrie, Sergeant at Arms; Hon.
Thomas P. O'Neill, Jr., Speaker of the House.
On Nov. 7, 1979,(20) the Speaker laid before the House a
communication from a Member resigning his seat in the House effective
at the end of the second month following (Jan. 31, 1980):
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20. 125 Cong. Rec. 31327, 31328, 96th Cong. 1st Sess.
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Washington, D.C.,
November 7, 1979.
Hon. Thomas P. O'Neill, Jr.,
The Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Because my state of health no longer permits
me to discharge fully my responsibilities as a Member of the U.S.
House of Representatives, representing the Eleventh Congressional
District of Pennsylvania, I hereby resign my Office effective
January 31, 1980.
Sincerely yours,
Daniel J. Flood,
Member of Congress.
Washington, D.C.,
November 7, 1979.
Hon. Richard Thornburgh,
Governor of Pennsylvania,
Harrisburg, Pa.
Dear Governor: Because my state of health no longer permits me
to discharge fully my responsibilities as a Member of the U.S.
House of Representatives, representing the Eleventh Congressional
District of Pennsylvania, I hereby resign my Office effective
January 31, 1980.
Sincerely yours,
Daniel J. Flood,
Member of Congress.
The Speaker, on Oct. 2, 1963,(21) laid before the House
the following communication:
21. 109 Cong. Rec. 18583, 88th Cong. 1st Sess.
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Congress of the United States,
House of Representatives,
Washington, D.C., September 26, 1963.
Hon. John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Honorable John B. Connally, Governor of
Texas, my resignation as a Representative in the Congress of the
United States from the 10th District of Texas, the resignation to
become effective the 20th day of December, 1963. A copy of my
letter to the Governor is attached.
Warm personal regards.
Sincerely yours,
Homer Thornberry.
September 26, 1963.
[[Page 411]]
Hon. John B. Connally,
Governor of Texas,
Austin, Tex.
Dear Governor Connally: I hereby tender to you my resignation
as a Member of the House of Representatives in the Congress of the
United States from the 10th District of Texas, the resignation to
become effective the 20th day of December 1963.
Warm personal regards.
Sincerely yours,
Homer Thornberry.
Parliamentarian's Note: On July 9, 1963, President Kennedy
nominated Mr. Thornberry to be a Federal district judge. The Senate
confirmed the nomination on July 15 (although Mr. Thornberry was not
sworn in as U.S. district judge until Dec. 21, 1963). Mr. Thornberry
delayed the effective date of his resignation from the House until Dec.
20 because of the press of business in the Committee on Rules during
the remainder of the first session of the 88th Congress, and also
because a special election (for another purpose) had previously been
scheduled for Dec. 9 in Texas, and that was considered an opportune
time to conduct a special election to fill the vacancy in the House
caused by Mr. Thornberry's resignation.
Resignation of Member Elected to Next Congress
Sec. 5.2 The resignation of an incumbent Member was tendered after his
election to the next Congress but before the adjournment of the
current Congress.
On Dec. 7, 1944,(1) the Speaker laid before the House
the resignation of Rep. John E. Fogarty, of Rhode Island.
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1. 90 Cong. Rec. 8990, 78th Cong. 2d Sess.
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Mr. Fogarty resigned his seat in the 78th Congress less than one
month before his term expired in order to join the Armed Forces,
although he had been elected to the 79th Congress.
December 7, 1944.
Hon. Sam Rayburn,
The Speaker, 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 Rhode Island my resignation as a
Representative in the Seventy-eighth Congress of the United States
from the Second District of Rhode Island.
With assurance of my high esteem, I am,
Respectfully yours,
John E. Fogarty.
Sec. 5.3 An incumbent Member (the Speaker) resigned as a
Representative-elect to the next Congress.
[[Page 412]]
On Jan. 6, 1999,(1) the Clerk of the House, Jeffrey J.
Trandahl, laid before the House a letter from Rep. Newt Gingrich, of
Georgia, transmitting a copy of his letter of resignation as a Member-
elect for the 106th Congress (in the language of the pertinent Georgia
statute, a ``withdrawal'') that he had submitted to the Governor of his
State in conjunction with his decision not to seek the renomination of
his party caucus for the Office of Speaker in the 106th
Congress.(2)
1. 145 Cong. Rec. 42, 106th Cong. 1st Sess.
2. On Dec. 17, 1998, in the closing days of the 105th Congress,
Speaker Gingrich, having been reelected as a Representative
from the Sixth District of Georgia for the 106th Congress,
announced that, while he would continue to serve in the Office
of Speaker and as the Representative from Georgia's Sixth
District through the end of the 105th Congress, he would create
a vacancy for the 106th Congress by ``withdrawing'' (the term
used in Georgia law) as Representative-elect from that
district. It was not unprecedented for a Member to resign
without ever having taken his seat. See 2 Hinds' Precedents
Sec. 1231.
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Washington, DC, December 17, 1998.
Hon. Robin H. Carle,
Clerk of the House, the Capitol, Washington, D.C.
Dear Robin: As you are no doubt aware, I have decided that I
will not seek re-election in the 106th Congress as Speaker of the
United States House of Representatives. In conjunction with that
decision, I have notified the Governor of Georgia that I have
withdrawn pursuant to Section 21-2-503 of the Official Code of
Georgia Annotated and will not take the seat of congressman for the
Sixth District of Georgia for the 106th Congress.
I will, however, complete my term as congressman from the Sixth
District of Georgia for the entirety of the 105th Congress. I will
also continue to serve as Speaker until the completion of the 105th
Congress.
Please contact me if you have any questions.
Sincerely,
Newt Gingrich,
Speaker.
November 22, 1998.
Governor Zell Miller,
Atlanta, Georgia.
Dear Governor Miller: As you are no doubt aware, I have decided
that I will not seek re-election in the 106th Congress as Speaker
of the House of Representatives. In conjunction with this decision,
I hereby notify you that I have withdrawn pursuant to Section 21-2-
504 of the Official Code of Georgia Annotated and will not take the
seat of congressman for the Sixth District of Georgia for the 106th
Congress.
I will, however, complete my term as congressman for the Sixth
District of Georgia for the entirety of the 105th Congress. I will
also continue to serve as Speaker until the completion of the 105th
Congress.
Please contact me if you have any questions.
[[Page 413]]
Very truly yours,
Newt Gingrich.
Resignation Based on a Contingency
Sec. 5.4 A Member, in resigning from the House, may make his
resignation effective at such time as his appointment to an
Executive office is confirmed.
On Dec. 6, 1973,(1) a copy of the letter of resignation
of Rep. Gerald R. Ford, of Michigan, was laid before the House by the
Speaker, following the completion of the joint meeting for the swearing
in of Mr. Ford as Vice President.
---------------------------------------------------------------------------
1. 119 Cong. Rec. 39927, 93d Cong. 1st Sess.
---------------------------------------------------------------------------
Washington, D.C., December 3, 1973.
Hon. Carl Albert,
The Speaker, Washington, D.C.
Dear Mr. Speaker: I enclose a copy of my letter of resignation
as a Representative of the Fifth District of the State of Michigan
in the House of Representatives, effective upon my becoming Vice
President of the United States. As required by Michigan law, this
has been submitted to the Governor and the Secretary of State of
the State of Michigan.
Because it is impossible, I shall not attempt to express my
thanks for your many courtesies or my regret at leaving the House
of Representatives after nearly 25 years.
Warm personal regards,
Gerald R. Ford,
Member of Congress.
Washington, D.C.,
November 30, 1973.
Hon. William G. Milliken,
Governor, State of Michigan,
Lansing, Mich.
Dear Governor Milliken: I am advised by the Speaker of the U.S.
House of Representatives that the final vote on my confirmation as
Vice President of the United States under the provisions of the
25th Amendment to the United States Constitution has been scheduled
for Thursday, December 6, 1973.
Since the precise date and hour cannot be specified in advance,
I am hereby submitting my resignation as a Representative from the
Fifth District of Michigan to be effective upon my becoming Vice
President of the United States.
It has been a great honor and privilege to serve the people of
Michigan for nearly 25 years in the House of Representatives and I
will continue to serve them, together with all the people of the
United States, when I am confirmed in the Vice Presidency.
Warm personal regards,
Gerald R. Ford,
Member of Congress.
Resignation Immediately After Being Sworn-in
Sec. 5.5 When a Senator had been reelected to the Senate and also had
been elected Vice President of the United
[[Page 414]]
States, he submitted his resignation from the Senate to take effect
immediately after his being re-sworn as a Senator.
On Jan. 3, 1961,(1) Lyndon B. Johnson, of Texas,
Senator-elect and Vice President-elect, took the oath as Senator to
begin his third term in the Senate.
---------------------------------------------------------------------------
1. 107 Cong. Rec. 7, 87th Cong. 1st Sess.
---------------------------------------------------------------------------
Immediately after administering the oath to Senator Johnson,
outgoing Vice President Richard M. Nixon laid before the Senate a
communication from Senator Johnson advising that he had submitted his
resignation as a Senator to the Governor of Texas effective immediately
after his swearing in as a Senator.(2)
---------------------------------------------------------------------------
2. Mr. Johnson was sworn in as Vice President of the United States on
Jan. 20, 1961. See Id. at p. 1010.
---------------------------------------------------------------------------
The VICE PRESIDENT. The Chair will now read communications from
Senator Johnson of Texas which were sent to the Senate and Governor
of Texas:
U.S. Senate,
Office of the Democratic Leader,
Washington, D.C., December 31, 1960.
The Honorable the Vice President of the United States,
U.S. Senate,
Washington, D.C.
Dear Mr. Vice President: I enclose a copy of a letter addressed
by me to the Governor of Texas tendering my resignation as U.S.
Senator from that State for the term beginning at noon January 3,
1961, effective immediately after I have taken and subscribed to
the required oath in open Senate.
Sincerely yours,
Lyndon B. Johnson.
December 31, 1960.
The Honorable Price Daniel,
Governor of Texas,
Austin, Tex.
Dear Governor Daniel: I hereby tender my resignation as U.S.
Senator from the State of Texas for the term beginning at noon
January 3, 1961, effective immediately after the oath required by
the Constitution and prescribed by law has been taken and
subscribed by me in open Senate as provided by rule II of its
standing rules.
Sincerely yours,
Lyndon B. Johnson.
The VICE PRESIDENT. The Chair lays before the Senate a
communication and telegram from the Governor of Texas.
The communications are as follows:
The State of Texas,
Executive Department,
Austin, Tex., December 31, 1960.
Honorable Richard M. Nixon,
Vice President of the United States and President of the
U.S. Senate, Washington, D.C.
Dear Sir: Having received notice of resignation from Senator
Lyndon B. Johnson effective after his taking the oath of office on
January 3, 1961, I hereby appoint William A. Blakley, of Dallas,
Tex., to the office of U.S.
[[Page 415]]
Senator to succeed Senator Johnson upon his resignation January 3,
1961.
Sincerely yours,
Price Daniel
Governor.
Austin, Tex., January 3, 1961.
Felton M. Johnston,
Secretary of the U.S. Senate,
Washington, D.C.:
Confirming my letter of December 31, I hereby appoint William
A. Blakley, of Dallas, Tex., to the office of U.S. Senator to
succeed Senator Johnson upon his resignation effective after his
taking the oath of office today. Certificate of appointment being
mailed.
Price Daniel,
Governor.
Sec. 5.6 A Member resigned his seat in the House effective as soon as
his successor could be elected.
On Dec. 1, 1944,(1) the Speaker laid before the House
the following communication:
---------------------------------------------------------------------------
1. 90 Cong. Rec. 8689, 78th Cong. 2d Sess.
---------------------------------------------------------------------------
Washington, D. C.,
November 28, 1944.
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 Virginia my resignation as a
Representative in the Congress of the United States from the Third
District of Virginia, to become effective as soon as my successor
can be elected.
Yours sincerely,
Dave E. Satterfield, Jr.
Sec. 5.7 A Member initially submitted his resignation contingent on the
Governor of his State calling a special election to fill the
vacancy created thereby, proposing that such resignation become
effective on the day of that special election but, when the
Governor took no action in response, again submitted his
resignation without condition.
On Jan. 18, 1965,(1) a Member submitted his resignation
to his Governor ``to become effective upon such date as the Governor
may set for a special election to fill the vacancy.'' The Speaker laid
the letter before the House.
1. 111 Cong. Rec. 805, 806, 89th Cong. 1st Sess.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 13, 1965.
Hon. John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: I beg leave to inform you that I have this
day transmitted to the Honorable Donald S.
[[Page 416]]
Russell, Governor of South Carolina, my resignation as a
Representative in the Congress of the United States from the Second
District of South Carolina, the resignation to become effective
upon such date as the Governor may set for a special election to
fill the vacancy. A copy of my letter to the Governor is attached.
Sincerely yours,
Albert Watson.
January 13, 1965.
Hon. Donald S. Russell
Governor of South Carolina,
Columbia, S.C.
Dear Governor Russell: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Second Congressional District of South
Carolina, the resignation to become effective upon such date as you
may set for a special election to fill the vacancy.
I have also informed the Speaker of the House of
Representatives of this action.
Sincerely yours,
Albert Watson.
Parliamentarian's Note: During the 1964 Presidential campaign, Mr.
Watson, elected to the 89th Congress as a Democrat, actively supported
the Republican candidate, Senator Barry M. Goldwater, of Arizona.
Mr. Watson declared his change of party affiliation and announced
his decision to resign so that his constituents could, by their votes
in a special election, indicate their approval or disapproval of his
action. However, the Governor did not call the special election
anticipated by Mr. Watson.
When the Governor declined to act on the resignation (i.e., to
call a special election), Mr. Watson again resigned, this time
unconditionally. On Jan. 28, 1965,(2) the Speaker laid Mr.
Watson's second letter of resignation before the House.
2. Id. at p. 1452.
---------------------------------------------------------------------------
Congress of the United States,
,House of Representatives,
Washington, D.C., January 27, 1965.
The Honorable John W. McCormack,
Speaker, House of Representatives,
Washington, D.C.
Dear Mr. Speaker: By letter dated January 13, 1965, I submitted
to the Honorable Donald S. Russell, Governor of South Carolina, my
resignation as a Representative in the Congress of the United
States from the Second District of South Carolina, the resignation
to become effective upon such date as the Governor might set for a
special election to fill the vacancy. You were advised of this
action by letter of the same date.
It now clearly appears that the Governor intends no affirmative
action on this matter. Therefore, I beg leave to inform you that I
have this day transmitted to him my resignation effective upon the
adjournment of the House on Monday, February 1, 1965.
A copy of my letter to the Governor is attached.
[[Page 417]]
Sincerely yours,
Albert Watson,
Member of Congress.
January 27, 1965.
Hon. Donald S. Russell,
Governor of South Carolina,
Columbia, S.C.
Dear Governor Russell: I hereby tender to you my resignation as
a Member of the House of Representatives in the Congress of the
United States from the Second Congressional District of South
Carolina, the resignation to become effective upon the adjournment
of the House on Monday, February 1, 1965.
I have also informed the Speaker of the House of
Representatives of this action.
Sincerely yours,
Albert Watson,
Member of Congress.(3)
---------------------------------------------------------------------------
3. Following Mr. Watson's resignation, a special election was held in
South Carolina, and Mr. Watson, earlier a Democrat, was
reelected to the House as a Republican. See 111 Cong. Rec.
13774, 89th Cong. 1st Sess., June 16, 1965.
---------------------------------------------------------------------------
Sec. 5.8 A Senator submitted his resignation effective on a certain
date or ``at such earlier date as my successor has been elected and
qualified.''
On Jan. 3, 1957,(1) Vice President Richard M. Nixon, of
California, laid before the Senate a copy of a letter dated Sept. 26,
1956, in which a Senator had submitted a resignation to the Governor of
Texas, effective ``January 15, 1957, or at such earlier date as my
successor has been elected and qualified.''
---------------------------------------------------------------------------
1. 103 Cong. Rec. 3, 85th Cong. 1st Sess.
The VICE PRESIDENT. The Chair lays before the Senate a letter
from the junior Senator from Texas [Mr. Daniel] enclosing a copy of
a letter to the Governor of Texas, tendering his resignation as a
Senator, effective as of January 15, 1957. Without objection, the
letter will be printed in the Record and placed on file.
The letter is ordered to be printed in the Record and placed on
file, as follows:
United States Senate,
Washington, D.C., September 26, 1956.
Hon. Allan Shivers,
Governor of Texas,
Austin, Tex.
Dear Governor: Acting under the provisions of section 4 of
article 4.09 of the Texas Election Code, I hereby resign the office
of United States Senator effective January 15, 1957, or at such
earlier date as my successor has been elected and qualified.
From this date forward I shall not draw any salary, but I shall
continue my services in completing pending matters in my Senate
committees and shall be available in the event of a special
session, thereby assuring that Texas has the full representation of
two United States Senators while my successor is being elected.
[[Page 418]]
Although the date of the election, within the time limits
specified in section 1 of article 4.09, is a matter within your
discretion, please permit me to express the hope that it will be
held in time for my successor to take office not later than January
3, the first day of the next Congress.
Sincerely yours,
Price Daniel.
Parliamentarian's Note: The Governor of Texas, taking the view that
no vacancy would be created by the qualified resignation until Jan. 15,
1957, did not call a special election. (Mr. Daniel became Governor of
Texas on Jan. 15, 1957.)
Resignations from House Anticipating Appointments to Fill Vacancies in
Senate
Sec. 5.9 There have been several instances in which the resignation of
a Member of the House was timed to coincide with the resignation of
a Member of the Senate, thereby permitting the executive authority
of the State concerned to appoint the former Representative to fill
the vacant Senate seat.
On Jan. 2, 1971,(1) the Speaker laid before the House a
letter of resignation from a Member who had been appointed to the
Senate to fill a vacancy caused by the resignation of Senator George L.
Murphy, of California, whose term of office was about to expire.
1. 117 Cong. Rec. 44617, 92d Cong. 1st Sess.
---------------------------------------------------------------------------
1:25 p.m., January 2, 1971.
Hon. John McCormack,
Speaker of the House of Representatives,
Washington, D.C.
Dear Mr. Speaker: Effective immediately I hereby resign from
the House of Representatives.
Sincerely,
John V. Tunney.
In the Senate, on that same day,(2) Senator Michael J.
Mansfield, of Montana, rose to present the certificate of appointment
of former Representative Tunney as a Senator from California.
---------------------------------------------------------------------------
2. Id. at p. 44568.
Presiding Officer Adlai E. Stevenson III, of Illinois, asked that
the clerk first read the letter of resignation of former Senator
Murphy.
Mr. MANSFIELD. Mr. President, I present the certificate of
appointment of the Honorable John V. Tunney as a Senator from the
State of California.
The PRESIDING OFFICER. First, the clerk will read a letter from
the former Senator from California.
The legislative clerk read as follows:
January 2, 1971.
The Vice President,
Executive Office Building,
[[Page 419]]
Washington. D.C.
Dear Mr. Vice President: I herewith submit to you my
resignation as a member of the United States Senate effective as of
1:31 p.m. today.
Sincerely,
George Murphy.
The Presiding Officer then had the certificate of appointment read,
after which Mr. Tunney was escorted to the desk and the oath prescribed
by law was administered to him by the Presiding Officer.(3)
---------------------------------------------------------------------------
3. See Sec. 4.3, supra, where a Senator's resignation was submitted
three days before the expiration of his term so that the
Governor of his State could appoint his successor to fill the
three-day vacancy thereby created, thus providing the successor
with an advantage in seniority over other newly elected
Senators. In that case, the departing Senator's successor was
an incumbent Member of the House who, in order to accept the
appointment to fill the three-day vacancy, resigned as a
Representative on the same day that the Senator resigned.
---------------------------------------------------------------------------
Parliamentarian's Note: Mr. Tunney's resignation from the House was
effective upon submission to the Governor of California. His letter to
the Speaker, resigning from the House ``effective immediately'' was
laid before the House at 1:25 p.m., and he was sworn into the Senate
shortly thereafter.
Effect of Constitutional or Statutory Provisions
Sec. 5.10 A Member's resignation should be timed to avoid any conflict
with constitutional or statutory provisions.
On Feb. 27, 1969,(1) the Speaker laid before the House a
letter from a Member notifying the Speaker that he had submitted his
resignation as a Member of the House to the Governor and Secretary of
State of his State, to be effective on the day of transmittal.
---------------------------------------------------------------------------
1. 115 Cong. Rec. 4734, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
House of Representatives,
Washington, D.C., February 27, 1969.
Hon. John W. McCormack,
Speaker of the House of Representatives.
Sir: I beg leave to inform you that I have this day transmitted
to the Governor of Montana and the Secretary of State of Montana,
my resignation as a Representative in the Congress of the United
States from the Second District of Montana, to be effective at 3:30
p.m., eastern standard time, on the above-mentioned date.
James F. Battin,
Member of Congress.
Parliamentarian's Note: Mr. Battin's nomination as a U.S. District
Judge (Second District of Montana) was reported to the Senate on Feb.
25, 1969,(2) and
[[Page 420]]
was confirmed by the Senate on that day. His letter of resignation from
the House specified an effective time of 3:30 p.m., Feb. 27; and he was
sworn in as judge at that precise hour, thus assuming office before
Mar. 1, which would have been the effective date of the pay raise for
Federal judges enacted as a result of Public Law No. 90-206. By
resigning from the House and taking the oath as a district judge before
the salary increase for that position became effective, Mr. Battin
avoided an apparent conflict with the following constitutional
provision: ``No . . . Representative shall, during the Time for which
he was elected, be appointed to any Civil Office under the Authority of
the United States, which shall have been created, or the Emoluments
whereof shall have been increased during such time.''(3)
---------------------------------------------------------------------------
2. Id. at p. 4468.
3. U.S. Const. art. I Sec. 6.
In another instance, on Jan. 15, 1968, upon the reconvening of the
90th Congress,(4) three communications pertaining to the
resignation of Mr. Abraham J. Multer, of New York, were laid before the
House.
---------------------------------------------------------------------------
4. 114 Cong. Rec. 7, 90th Cong. 2d Sess.
---------------------------------------------------------------------------
In his first letter of resignation submitted to the Speaker, dated
Dec. 15, 1967, Mr. Multer had indicated he would resign effective Jan.
1, 1968, to assume the office of Justice of the Supreme Court of New
York. He had been appointed to this post effective Jan. 1, 1968.
The 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.
With warmest personal regards and very best wishes, I am,
Most sincerely,
Abraham J. Multer.
Enclosure.
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
[[Page 421]]
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.
Mr. Multer's second letter to the Speaker, dated Dec. 19, 1967,
served as a clarification of his effective date of resignation. To
avoid being placed in the position of holding conflicting offices, he
made his resignation from the House effective midnight, Dec. 31, 1967.
Congress of the United States,
House of Representatives,
December 19, 1967.
Hon. John W. McCormack,
Speaker of the U.S. 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.
Effect of Confirmation of Appointment to Executive Office
Sec. 5.11 A Member's resignation has been laid down after the Member's
appointment to another office.
On Jan. 17, 1969,(1) John Stennis, of Mississippi,
Chairman of the Senate Committee on Armed Services, announced to the
Senate that that committee had voted unanimously in favor of
confirmation of the nominee-designate for Secretary of Defense. This
was done before Inauguration Day (continuing the practice followed in
1953 and 1961), despite the fact that the nomination was not yet
officially before the committee since it could not be made by
President-elect Richard M. Nixon before Jan. 20. The nominee-designate
was a Member of the House, Melvin R. Laird, of Wisconsin, who had taken
the oath of office as a Member of the House on Jan. 3.
---------------------------------------------------------------------------
1. 115 Cong. Rec. 1261, 91st Cong. 1st Sess.
---------------------------------------------------------------------------
After the inauguration of the President on Jan. 20,
1969,(2) the Senate met to receive executive nominations,
among which was that of Mr. Laird to be Secretary of Defense. Mr.
Laird's nomination was confirmed, and Mr. Laird was sworn in as
Secretary of Defense on Jan. 21, 1969, at 8 o'clock a.m.
---------------------------------------------------------------------------
2. Id. at p. 1289.
---------------------------------------------------------------------------
The resignation of Mr. Laird from the House was dated Jan.
[[Page 422]]
21, 1969, the date on which he was sworn in as Secretary of Defense,
and was laid before the House on Jan. 23, 1969,(3) the date
of the reconvening of the House following the inauguration. Mr. Laird's
communication to the Speaker was as follows:
---------------------------------------------------------------------------
3. Id. at p. 1571.
---------------------------------------------------------------------------
Congress of the United States,
House of Representatives,
Washington, D.C., January 21, 1969.
Hon. John W. McCormack,
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.
Similarly, on May 26, 1969,(4) the resignation of Rep.
Donald Rumsfeld was laid before the House after he had been sworn in as
an official of the Executive Branch. Although the resignation was laid
down after the swearing in, the effective time of his resignation was
earlier than that at which he took the oath.
---------------------------------------------------------------------------
4. Id. at p. 13719.
---------------------------------------------------------------------------
The Honorable the Speaker,
U.S. House of Representatives,
Washington, D.C.
Dear Sir: It is my duty to inform you that I have transmitted
to the Governor of Illinois my resignation as a Representative in
Congress from the 13th Congressional District of the State of
Illinois, to be effective as of midnight, Sunday, May 25, 1969.
As you know, my resignation is caused by my having accepted the
positions of an Assistant to the President and Director of the
Office of Economic Opportunity.
I very much appreciate the privilege of having served with you
and my colleagues in the House, and I thank you for your
cooperation, fairness, assistance, and good will.
Respectfully,
Donald Rumsfeld,
Representative in Congress.
Parliamentarian's Note: Mr. Rumsfeld was administered the oath of
office as Director of the Office of Economic Opportunity and Assistant
to the President at 10 o'clock a.m., May 26, 1969. His letter of
resignation was laid before the House when it convened at noon on the
26th but stated that the resignation was effective as of ``midnight,
Sunday, May 25, 1969.''
Numerous persons have resigned as Representative to take a cabinet
post (see, e.g. Sec. 4.2, supra). However, the following strike a
higher profile.
After having been elected both as Vice President and as a
Representative in the succeeding Congress, then-Speaker John Nance
Garner transmitted to the Governor of Texas his resignation as a
Member-elect.(5)
---------------------------------------------------------------------------
5. 6 Cannon's Precedents Sec. Sec. 230, 453.
---------------------------------------------------------------------------
[[Page 423]]
After having been nominated and confirmed as Vice President
pursuant to the 25th Amendment, Rep. Gerald R. Ford submitted to the
Governor of Michigan a letter of resignation as a Representative, and a
copy of his letter of resignation was laid before the House by the
Speaker following the completion of a joint meeting for his swearing in
as Vice President.(6)
---------------------------------------------------------------------------
6. 119 Cong. Rec. 39927, 93d Cong. 1st Sess., Dec. 6, 1973. See
Sec. 5.4, supra.
---------------------------------------------------------------------------
After having been confirmed as Secretary of Defense, Rep. Richard
B. Cheney submitted a letter of resignation to the Governor of Wyoming,
which was laid before the House before he took the oath of office as
Secretary of Defense.(7)
---------------------------------------------------------------------------
7. 135 Cong. Rec. 4976, 101st Cong. 1st Sess., Mar. 20, 1989.
---------------------------------------------------------------------------
House of Representatives,
Washington, DC.
The Speaker,
The House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: Since January 3, 1979, I have had the honor
and privilege of representing the people of Wyoming in the United
States House of Representatives.
On March 10, 1989, President Bush asked me to become his
nominee for Secretary of Defense. The Senate has now confirmed my
nomination, and I will assume this office later today.
I must therefore resign my office as the At-large
Representative from the State of Wyoming effective immediately.
Sincerely,
Dick Cheney.
Done at Washington, DC, this seventeenth day of March, in the
year of our Lord, nineteen hundred and eighty-nine, at 1:01 p.m.
The SPEAKER.(8) A similar letter drafted and
addressed to the Governor of the State of Wyoming will be inserted
in the Record at this point.
---------------------------------------------------------------------------
8. James C. Wright, Jr. (TX).
---------------------------------------------------------------------------
House of Representatives,
Washington, DC.
Hon. Mike Sullivan,
Governor of Wyoming, State Capitol Building, Cheyenne, WY.
Dear Governor Sullivan: Since January 3, 1979, I have had the
honor and privilege of representing the people of Wyoming in the
United States House of Representatives.
On March 10, 1989, President Bush asked me to become his
nominee for Secretary of Defense. The Senate has now confirmed my
nomination, and I will assume this office later today.
I must therefore resign my office as the At-large
Representative from the State of Wyoming effective immediately.
Best regards,
Dick Cheney.
After having been reelected as Representative from the Sixth
District of Georgia for the 106th Congress, Speaker Newt Gingrich held
the office of Speaker and his seat in the Sixth District of Georgia
through the expiration of the
[[Page 424]]
105th Congress but created a vacancy for the 106th Congress by
``withdrawing'' (the term used in Georgia law) as Representative-elect
from that district.(9)
---------------------------------------------------------------------------
9. 145 Cong. Rec. 42, 106th Cong. 1st Sess., Dec. 17, 1998. See
Sec. 5.3, supra.
---------------------------------------------------------------------------
State Law as Affecting Time of Resignation
Sec. 5.12 Whether a resignation may specify a future effective date is
a question of State law.
On Nov. 26, 1951, Rep. T. Vincent Quinn, of New York, submitted his
resignation to take effect as of a future date, a procedure that was
not permissible under the applicable State statute. On Jan. 8,
1952,(1) the Speaker laid Mr. Quinn's resignation before the
House in a form permitted under New York law.
---------------------------------------------------------------------------
1. 98 Cong. Rec. 14, 15, 82d Cong. 2d Sess.
---------------------------------------------------------------------------
December 30, 1951.
Hon. Sam Rayburn,
Speaker, House of Representatives,
Washington, D. C.
My Dear Mr. Speaker: I wrote you on November 26, 1951, advising
you that I had transmitted my resignation as a Member of Congress
to the Governor of the State of New York to take effect on December
31, 1951.
I have since been informed by the secretary to the Governor
that the laws of the State of New York do not permit a resignation
by a Member of the House of Representatives to take effect at a
future date. The resignation must be effective immediately. For
this reason I have requested that my former resignation be
considered a nullity and have transmitted another resignation
today. A copy of this resignation is enclosed.
May I again thank you for all your kindness to me and wish you
a happy and blessed New Year.
Sincerely yours,
Vincent,
T. Vincent Quinn,
Member of Congress.
[[Page 425]]