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Very sincerely, tion may be made contingent on JAMES E. VAN ZANDT. another factor(2) and may des- Mr. VAN ZANDT. Mr. Speaker, I ignate a future date on which it is ask unanimous consent to address the to become effective.(3) House for 1 minute. The SPEAKER. Without objection, In some instances of the res- it, is so ordered. ignation of a Member in order for There was no objection. the Member to accept a position Mr. VAN ZANDT. Mr. Speaker, I in the Executive branch, the have submitted my resignation as a Member’s resignation was not laid Member of Congress effective 6 p.m., before the House until after the tomorrow, September 24. My resigna- Member’s being sworn as an offi- tion is the result of my intense desire to serve my country in the armed cial of the Executive branch, al- forces as a member of the United though the resignation was sub- States Navy. mitted before the swearing.(4) I am grateful to you, Mr. Speaker, and to my colleagues for the many f courtesies shown me during the past five years. I shall think often of you Effective on Future Date and the multitude of important issues you will be called upon to decide. Be- § 5.1 It has been possible for a lieve me when I tell you it has been a Representative to resign a distinct honor to serve in this distin- seat in the House prospec- guished body, the Congress of the United States; yet I feel it is an equal tively, specifying an effective ( ) honor to be blessed with good health date in the future. 1 and able to serve in the armed forces. A prospective resignation might Naturally it shall be my ambition, enable the State concerned pro- when the war clouds have been dis- spectively to take cognizance of persed, to return to Congress, richer in the vacancy as a constitutional experience and with a broader outlook. predicate for the issuance by the Until we meet again, good luck and godspeed to all of you. executive authority of the State of a writ of election to fill the vacancy.(2)

§ 5. Conditional Resigna- 2. See §§ 5.4 et seq. tions; Timing 3. See §§ 5.1, 5.7, infra. 4. See § 5.11, infra. One may resign as a Member of 1. It has been possible even to resign the House at any time, even be- effective on the election of a suc- fore taking the oath.(1) A resigna- cessor. See, for example, § 5.6, infra. 2. For an instance in which the execu- 1. 2 Hinds’ Precedents §§ 1230 et seq. tive authority of a State declined to

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A resignation stating a future tion from the House of Representa- effective date (but worded irrev- tives: ocably) has enabled a special elec- CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, tion based on a prospective (but July 20, 2004. (3) definite) vacancy. Hon. J. DENNIS HASTERT, On July 22, 2004,(4) the fol- Speaker, House Of Representatives, (5) Room H-232, The Capitol, Wash- lowing occurred: ington, DC.

RESIGNATION FROM THE DEAR MR. SPEAKER: It has been my HOUSE OF REPRESENTATIVES great privilege and honor to have rep- The SPEAKER pro tempore(6) laid resented the citizens of Nebraska’s 1st before the House the following resigna- Congressional District in the U.S. House of Representatives for 13 terms. take cognizance of a contingent res- During that time I have served with ignation, see the case of Rep. T. Vin- an extraordinary number of talented cent Quinn (NY) on Dec. 30, 1951 and dedicated representatives from (§ 5.12, infra). both sides of the aisle, and with simi- 3. A finding of vacancy presumably larly dedicated and effective congres- must logically eclipse any avenue of sional staff, who of course make pos- withdrawal and, presumably, as goes sible the work of Congress. the power of withdrawal so also goes As a Member, I have been particu- the power of modification. The House larly aided by an especially talented, has allowed withdrawal in the case loyal, unusually long-serving, and of defective resignation, that is, hard-working congressional office staff where the Member had not actually and subcommittee staff of high integ- transmitted the letter of resignation rity who epitomize the best qualities of (6 Cannon’s Precedents § 229) or had my Nebraska constituents and of those transmitted it to an improper State Americans who make our country the official (the case of Floyd Flake finest in the world. [N.Y.], infra, this section and § 3.9, However, there comes a time in supra, reflecting withdrawal of an many a representative’s life when that initial, misdirected resignation). Member of Congress is ready to focus 4. 150 CONG. REC. 17328, 108th Cong. on other priorities and objectives, and 2d Sess. I am at that point in my life. There- 5. Parliamentarian’s Note: Because fore, Mr. Speaker, the purpose of this Rep. Bereuter’s resignation would letter is to communicate to you and the take effect during the August recess, House, that effective at the end of the the Chair did not announce an ad- day on August 31, 2004, I am resigning justment to the whole number of the my seat as the Representative of the House under Rule XX clause 5(c) 1st District of Nebraska in the U.S. until after the recess (Sept. 7, 2004). House of Representatives. I also have See House Rules and Manual written to the Governor of Nebraska to § 1024b (2007). Clause 5(c) was advise him of my decision. changed to clause 5(d) in the 109th Best wishes, Congress. DOUG BEREUTER, 6. Michael Simpson (ID). Member of Congress.

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CONGRESS OF THE UNITED STATES, On Jan. 27, 2003,(7) Speaker pro HOUSE OF REPRESENTATIVES, July 20, 2004. tempore John Abney Culberson, of Hon. MIKE JOHANNS, Texas, laid before the House a Governor, State of Nebraska, State communication dated Jan. 7, Capitol, P.O. Box 94848, Lin- coln, Nebraska. 2003, from Rep. Larry Combest, of Texas, resigning his seat in the DEAR GOVERNOR JOHANNS: It has House effective at the close of been my great privilege and honor to (8) have represented the citizens of Ne- business May 31, 2003. braska’s 1st Congressional District in the U.S. House of Representatives for HOUSE OF REPRESENTATIVES, 13 terms. During that time I have Washington, DC, January 7, 2003. served with an extraordinary number Hon. DENNIS HASTERT, of talented and dedicated representa- Speaker, House of Representatives, tives from both sides of the aisle, and Washington, DC. with similarly dedicated and effective congressional staff, who of course make DEAR MR. SPEAKER: I have had the possible the work of Congress. great privilege and honor to have been selected as the representative of the As a Member, I have been particu- people of the 19th District of Texas larly aided by an especially talented, through ten elections. My service in loyal, unusually long-serving, and the U.S. Congress has been the most hard-working congressional office staff rewarding professional experience of and subcommittee staff of high integ- my life, and I thank every one of my rity who epitomize the best qualities of constituents who were kind enough to my Nebraska constituents and of those put their trust and faith in my leader- Americans who make our country the ship. finest in the world. However, there comes a time in ev- However, there comes a time in eryone’s life when the focus needs to be many a representative’s life when that Member of Congress is ready to focus 7. 149 CONG. REC. 1750, 1751, 108th on other priorities and objectives, and Cong. 1st Sess. I am at that point in my life. There- fore, the purpose of this letter is to 8. Texas provided for Rep. Combest’s communicate to you that effective at successor to be elected before the ef- the end of the day on August 31, 2004, fective date of his resignation. The I am resigning my seat as the Rep- ostensibly irrevocable character of resentative of the 1st District of Ne- Rep. Combest’s resignation (reading braska in the U.S. House of Represent- both letters together) presumably atives. I also have written to the justified the Governor’s finding of a Speaker of the U.S. House of Rep- vacancy for the period from June 1, resentatives to advise him of my deci- 2003, through the end of Rep. Com- sion. best’s term on Jan. 3, 2005—the Best wishes, predicate for his issuance of a writ of DOUG BEREUTER, election under clause 4, § 2, art. I of Member of Congress. the Constitution.

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more on family than other things, and to schedule an election so the people of I am at that point in my life. the 19th District can choose my suc- At close of business on May 31, 2003, cessor. I will resign my seat as the Represent- Sincerely, ative of the 19th district of Texas in LARRY COMBEST. the U.S. House of Representatives. I have written to the Governor of Texas to advise him of my decision so that he PROCLAMATION BY THE GOVERNOR OF can set a date to schedule an election THE STATE OF TEXAS so the people of the 19th District can choose my successor. Whereas, a vacancy for election pur- poses now exists in the membership of Sincerely, the United States House of Represent- LARRY COMBEST atives from the 19th Congressional District of Texas, which consists of An- HOUSE OF REPRESENTATIVES, drews, Bailey, Cochran, Crane, Ector, Washington, DC, January 7, 2003. Gaines, Hockley, Howard, part of Hon. RICK PERRY, Lamb, Loving, Lubbock, Lynn, Martin, Governor of Texas, State Capitol, Midland, Parmer, Terry, Ward, Austin, TX. Winkler, and Yoakum Counties; and Whereas, the United States Con- DEAR RICK: I have had the great stitution, art. I, § 2, requires the execu- privilege and honor to have been se- tive authority of the state to issue lected as the representative of the peo- writs of election to fill such vacancies, ple of the 19th District of Texas and 2 USC § 8, requires that the date through ten elections. My service in of such election be as prescribed by the U.S. Congress has been the most state law, and Texas Election Code rewarding professional experience of § 204.021, requires that such a vacancy my life, and I thank every one of my be filled by special election; and constituents who were kind enough to Whereas, Tex. Elec. Code § 203.004, put their trust and faith in my leader- requires that, absent a finding of an ship. emergency, the special election be held However, there comes a time in ev- on the next eligible uniform election eryone’s life when the focus needs to be date occurring on or after the 36th day more on family than other things, and after the date the election is ordered, I am at that point in my life. which would be May 3, 2003; and Please accept this letter as my res- Whereas, Tex. Elec. Code § 3.003, re- ignation from the office of Representa- quires the election to be offered by tive of the 19th District of Texas in the proclamation of the Governor; U.S. House of Representatives to be ef- Now, therefore, I Rick Perry, Gov- fective close of business May 31, 2003. ernor of Texas, under the authority As I continue to serve the great people vested in me by the Constitution and of the 19th district until such date, Statutes of the State of Texas, do here- this written resignation should allow by order by this proclamation a special you sufficient opportunity to set a date election to be held in District 19 on

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Saturday, May 3, 2003, for the purpose set in Oklahoma as the date for my of electing a U.S. Representative for resignation from Congress. I am Dist. 19 to serve out the unexpired pleased to report that the Oklahoma term of the Hon. Larry Combest. legislature recently passed a law that Candidates who wish to have their will ensure that Oklahoma’s 1st Con- names placed on the special election gressional District will not go unrepre- ballot must file their applications with the Secretary of State no later than sented as I make the transition to a 5:00 p.m. on Wednesday, April 2, 2003. full-time campaign for governor. The Early voting by personal appearance law required that I make my intent to shall begin on Wednesday, April 16, resign irrevocable, which I have com- 2003, in accordance with Tex. Elect. municated to Oklahoma’s Secretary of Code § 85.001(a). State. On Nov. 27, 2001,(9) Speaker Serving in the House of Representa- pro tempore Judy Biggert, of Illi- tives has been one of the greatest hon- nois, laid before the House a com- ors and challenges of my life. I want to munication dated Nov. 15, 2001, thank you for your leadership, your steadfastness in the pursuit of our from Rep. Steve Largent, of Okla- ideals, and for your friendship during homa, resigning his seat in the the past few years. While I will miss (10) House effective Feb. 15, 2002: working alongside my colleagues in Congress, I am eager to fight for the HOUSE OF REPRESENTATIVES, principles our party stands for as the Washington, DC, November 15, 2001. next governor of Oklahoma. Hon. J. DENNIS HASTERT, Please do no hesitate to contact me The Office of the Speaker, or my chief of staff, Mike Willis, if you Capitol, Washington, DC. have any questions regarding this DEAR DENNY: I am writing to inform transition. you that February 15, 2002 has been Sincerely, STEVE LARGENT, 9. 147 CONG. REC. 23006, 107th Cong. Member of Congress. 1st Sess. Enclosure. 10. Oklahoma enrolled Senate Bill Num- ber 7X, enacted and signed by the HOUSE OF REPRESENTATIVES, Governor of Oklahoma in Oct. 2001, Washington, DC, October 26, 2001. during the first extraordinary ses- Hon. MIKE HUNTER, sion of the 48th Legislature, con- Oklahoma Secretary of State, templated that Rep. Largent’s tender Oklahoma City, OK. of an irrevocable resignation effective Feb. 15, 2002, would enable a DEAR SECRETARY HUNTER: Pursuant gubernatorial writ of election. Thus, to enrolled Senate Bill Number 7X, en- a successor was elected on Jan. 8, acted and signed by the Governor this 2002, to fill the seat that Rep. week during the first extraordinary Largent did not actually vacate until session of the 48th Legislature, please Feb. 15, 2002. accept this letter as official notice of

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my resignation as Congressman of the Hon. JEB BUSH, First District of Oklahoma. This res- The Capitol, ignation is irrevocable and shall be- Tallahassee, FL. come effective on February 15, 2002. DEAR GOVERNOR BUSH: I am writing My decision to leave was made after to inform you that I am irrevocably re- much prayer and consideration for the signing my position as United States constituents I now serve. It has been Representative for the First District of an honor and a privilege to have Florida, effective September 6, 2001. A served as the Representative for the similar letter has been sent to the people of the First District. Honorable J. Dennis Hastert, Speaker Sincerely, of the United States House of Rep- STEVE LARGENT, resentatives. Member of Congress. I appreciate your friendship and the support you have shown Northwest (11) On June 5, 2001, Speaker Florida. pro tempore Biggert laid before Sincerely, the House a communication dated JOE SCARBOROUGH, May 25, 2001, from a Member re- Member of Congress. signing his seat in the House ef- On Jan. 31, 2001,(12) Speaker fective Sept. 6, 2001: pro tempore Michael K. Simpson, CONGRESS OF THE UNITED STATES, of Idaho, laid before the House a HOUSE OF REPRESENTATIVES, communication dated Jan. 29, Washington, DC, May 25, 2001. 2001, from a Member resigning Hon. DENNIS HASTERT, his seat in the House effective Speaker of the House, Feb. 2, 2001: The Capitol, Washington, DC. CONGRESS OF THE UNITED STATES, DEAR MR. SPEAKER: I am writing to HOUSE OF REPRESENTATIVES, formally notify you that I will be retir- Washington, DC, January 29, 2001. ing from my position as the United States Representative for Florida’s Speaker J. DENNIS HASTERT, First Congressional district, effective The U.S. House of Representatives, September 6, 2001. A similar letter has The Capitol, Washington, D.C. been sent to the Honorable Jeb Bush, DEAR MR. SPEAKER: Attached here- Governor of the State of Florida. with is a copy of my letter to Governor Sincerely, Tom Ridge of the Commonwealth of JOE SCARBOROUGH, Pennsylvania stating that my retire- Member of Congress. ment and resignation from the United States Congress shall be effective at 2400 hours, Friday, February 2, 2001. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Sincerely, Washington, DC, May 25, 2001. BUD SHUSTER, Member of Congress. 11. 147 CONG. REC. 9882, 107th Cong. 1st Sess. 12. Id. at p. 1056.

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CONGRESS OF THE UNITED STATES, Sincerely, HOUSE OF REPRESENTATIVES, ROBERT L. LIVINGSTON, Washington, DC, January 29, 2001. Member of Congress. Gov. TOM RIDGE, On Feb. 3, 1998,(14) the Speaker Commonwealth of Pennsylvania, laid before the House a commu- Office of the Governor, Harrisburg, PA. nication dated Jan. 15, 1998, from a Member resigning his seat in DEAR GOVERNOR RIDGE, I hereby submit my letter of retirement and res- the House effective Feb. 6, 1998: ignation from the United States Con- gress, effective at 2400 hours, Friday, HOUSE OF REPRESENTATIVES, February 2, 2001. Washington, DC, January 15, 1998. Sincerely, Hon. NEWT GINGRICH, BUD SHUSTER, Speaker of the House, Member of Congress. The Capitol, Washington, DC. (13) On Feb. 25, 1999, Speaker DEAR MR. SPEAKER: It is with very pro tempore Ray LaHood, of Illi- mixed feelings that I write to you to nois, laid before the House a com- tender my resignation from the House munication dated Jan. 27, 1999, of Representatives, effective at the from a Member resigning his seat close of business on Friday, February in the House effective Feb. 28, 6, 1998. After so many years of watch- ing my family’s sacrifice, in the inter- 1999: ests of public service, I find that the requirements of being more available HOUSE OF REPRESENTATIVES to them now press very hard upon me. Washington, DC, January 27, 1999. Therefore, I will leave the House and Hon. DENNIS HASTERT, turn my attention to these pressing Speaker, House of Representatives, matters. Washington, DC. Serving in the House has been a pro- DEAR MR. SPEAKER: Enclosed please found honor, both because it has al- find a copy of a letter to the Louisiana lowed me to share in the traditions Secretary of State announcing my in- and history of the House and because tention to resign from the U.S. House of the incredible district that I was of Representatives on February 28, honored to represent in the House 1999. Upon receipt of this letter, I ex- chamber. I will miss my many col- pect the Governor to notice and call an leagues and the opportunity to con- election to fill my vacancy. My hope is tribute so directly to the governance of that it will occur as quickly as possible our nation. I leave with a sense of sig- so as to result in as little inconven- nificant accomplishment, as well as ience as possible to the Republican with the optimism with which I en- Conference. tered the chamber for the first time in

13. 145 CONG. REC. 3117, 106th Cong. 14. 144 CONG. REC. 515, 105th Cong. 2d 1st Sess. Sess.

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1971. I will value our friendship and House effective one week after the the challenging debate that we have date of the communication, on engaged in over these many years. Nov. 16, 1997:(16) Mr. Speaker, I wish you well and ex- tend through you my very best wishes HOUSE OF REPRESENTATIVES, to all of our colleagues. Washington, DC, November 7, 1997. Sincerely yours, Hon. ALEXANDER TREADWELL, RONALD V. DELLUMS, Secretary of State, Member of Congress. Albany, NY.

DEAR SECRETARY TREADWELL: Pur- HOUSE OF REPRESENTATIVES, suant to section 31 of the Public Offi- January 27, 1998. cers law, I hereby inform you that I Gov. PETE WILSON, am resigning from the United States State Capitol, House of Representatives. My resigna- Sacramento, CA. tion will become effective at midnight on November 16, 1997. DEAR GOVERNOR WILSON: I write to As you and the citizens of New York you pursuant to California law to ad- are well aware, I am returning to my vise you that I will resign my office, pastorate at the Allen A.M.E. church Representative in Congress, 9th Cali- in Jamaica, Queens. Although I have fornia District, effective at the close of been called back to Allen to devote my business on February 6, 1998. I have energy and full-time attention to its similarly advised the Speaker of the congregation, I am proud of my service House of Representatives. in Congress. It has been my distinct I appreciate and have been honored privilege to represent the people of the by the opportunity to have served the 6th Congressional District of New people of the State of California in the York, and an honor to serve the people United States Congress. of the United States of America. With warmest regards, I am Sincerely yours, RONALD V. DELLUMS, Sincerely, Member of Congress. FLOYD H. FLAKE. Member of Congress. On Dec. 15, 1997,(15) following a recess, the Speaker, Newt Ging- 16. Rep. Flake previously had with- rich, of Georgia, inserted in the drawn on Oct. 9, 1997, an earlier pu- Congressional Record a commu- tative resignation by letter to the Governor of New York dated Aug. 4, nication from Rep. Floyd Flake, of 1997, which proposed to be effective New York, to the Secretary of on the date of Oct. 15, 1997, and State of New York dated Nov. 7, which had been laid before the 1997, resigning his seat in the House on Sept. 3, 1997. The law of the State of New York required that 15. 143 CONG. REC. 26709, 105th Cong. a resignation be submitted to its Sec- 1st Sess. retary of State. See also § 3.9, supra.

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On Jan. 21, 1993,(17) Speaker ernor of the State of Mississippi, advis- Thomas S. Foley, of Washington, ing him of my resignation from the laid before the House a commu- United States House of Representa- tives effective at the close of business nication from a Member resigning on Monday, April 13, 1981. his seat in the House effective at Sincerely, the end of the current month, on JON HINSON, Jan. 31, 1993: Member of Congress.

HOUSE OF REPRESENTATIVES, Washington, DC, January 12, 1993. HOUSE OF REPRESENTATIVES, Washington, D.C., March 13, 1981. Hon. GEORGE V. VOINOVICH, Governor, State of Ohio, Columbus, Hon. WILLIAM WINTER, OH. Governor of Mississippi, Jackson, Miss. DEAR GEORGE: I am writing to inform you that I will be resigning my DEAR GOVERNOR WINTER: This is to seat in the U.S. House of Representa- advise you that I resign from the tives effective at the close of business United States House of Representa- January 31, 1993. tives effective at the close of business Sincerely, on Monday, April 13, 1981. BILL GRADISON. Sincerely, On Mar. 17, 1981,(18) the Speak- JON HINSON, Member of Congress. er laid before the House a commu- ( ) nication from a Member resigning On Dec. 30, 1980, 19 the Speak- his seat in the House effective er, Thomas P. O’Neill, Jr., of Mas- four weeks later, on Apr. 13, 1981: sachusetts, inserted in the Con- gressional Record a communica- HOUSE OF REPRESENTATIVES, tion from a Member dated Dec. Washington, D.C., March 13, 1981. 18, 1980, in which the Member re- Hon. THOMAS P. O’NEILL, Jr., signed his seat in the House effec- Speaker of the House of Representa- tives, tive Dec. 29, 1980: 2231 Rayburn House Office Building, CONGRESS OF THE UNITED STATES, Washington, D.C. HOUSE OF REPRESENTATIVES, DEAR MR. SPEAKER: Enclosed is a Washington, D.C. December 18, 1980. copy of the letter I have sent this day The Honorable BRENDAN T. BYRNE, to The Honorable William Winter, Gov- Office of the Governor, Executive State House, 17. 139 CONG. REC. 423, 103d Cong. 1st Trenton, N.J. Sess. 18. 127 CONG. REC. 4423, 97th Cong. 1st 19. 126 CONG. REC. 34415, 96th Cong. Sess. 2d Sess.

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GOVERNOR BYRNE: In accordance Hon. RICHARD THORNBURGH, with the law, I hereby resign as the Governor of Pennsylvania, Representative of the Fourth District Harrisburg, Pa. of New Jersey effective midnight, De- cember 29, 1980. DEAR GOVERNOR: Because my state of health no longer permits me to dis- Sincerely yours, charge fully my responsibilities as a RANK THOMPSON, Jr. F Member of the U.S. House of Rep- Copies: Hon. Edmund L. Henshaw, resentatives, representing the Elev- Jr., Clerk of the U.S. House of Rep- enth Congressional District of Pennsyl- resentatives; Hon. Benjamin J. Guth- vania, I hereby resign my Office effec- rie, Sergeant at Arms; Hon. Thomas P. tive January 31, 1980. O’Neill, Jr., Speaker of the House. Sincerely yours, On Nov. 7, 1979,(20) the Speaker DANIEL J. FLOOD, Member of Congress. laid before the House a commu- ( ) nication from a Member resigning The Speaker, on Oct. 2, 1963, 21 his seat in the House effective at laid before the House the fol- the end of the second month following communication: lowing (Jan. 31, 1980): CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, WASHINGTON, D.C., Washington, D.C., September 26, November 7, 1979. 1963. Hon. JOHN W. MCCORMACK, Hon. THOMAS P. O’NEILL, Jr., Speaker, House of Representatives, The Speaker, House of Representa- tives, Washington, D.C. Washington, D.C. DEAR MR. SPEAKER: I beg leave to DEAR MR. SPEAKER: Because my inform you that I have this day trans- state of health no longer permits me to mitted to the Honorable John B. discharge fully my responsibilities as a Connally, Governor of Texas, my res- Member of the U.S. House of Rep- ignation as a Representative in the resentatives, representing the Elev- Congress of the United States from the enth Congressional District of Pennsyl- 10th District of Texas, the resignation vania, I hereby resign my Office effec- to become effective the 20th day of De- tive January 31, 1980. cember, 1963. A copy of my letter to the Governor is attached. Sincerely yours, Warm personal regards. DANIEL J. FLOOD, Member of Congress. Sincerely yours, HOMER THORNBERRY. WASHINGTON, D.C., November 7, 1979. SEPTEMBER 26, 1963.

20. 125 CONG. REC. 31327, 31328, 96th 21. 109 CONG. REC. 18583, 88th Cong. Cong. 1st Sess. 1st Sess.

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Hon. JOHN B. CONNALLY, dered after his election to Governor of Texas, the next Congress but before Austin, Tex. the adjournment of the cur- DEAR GOVERNOR CONNALLY: I here- rent Congress. by tender to you my resignation as a ( ) Member of the House of Representa- On Dec. 7, 1944, 1 the Speaker tives in the Congress of the United laid before the House the resigna- States from the 10th District of Texas, the resignation to become effective the tion of Rep. John E. Fogarty, of 20th day of December 1963. Rhode Island. Warm personal regards. Mr. Fogarty resigned his seat in Sincerely yours, the 78th Congress less than one HOMER THORNBERRY. month before his term expired in Parliamentarian’s Note: On July order to join the Armed Forces, al- 9, 1963, President Kennedy nomi- though he had been elected to the nated Mr. Thornberry to be a Fed- 79th Congress. eral district judge. The Senate confirmed the nomination on July DECEMBER 7, 1944. 15 (although Mr. Thornberry was Hon. SAM RAYBURN, not sworn in as U.S. district judge The Speaker, House of Representa- until Dec. 21, 1963). Mr. Thorn- tives, berry delayed the effective date of Washington, D. C. his resignation from the House until Dec. 20 because of the press DEAR MR. SPEAKER: I beg leave to of business in the Committee on inform you that I have this day trans- Rules during the remainder of the mitted to the Governor of Rhode Island first session of the 88th Congress, my resignation as a Representative in and also because a special election the Seventy-eighth Congress of the (for another purpose) had pre- United States from the Second District of Rhode Island. viously been scheduled for Dec. 9 in Texas, and that was considered With assurance of my high esteem, I am, an opportune time to conduct a special election to fill the vacancy Respectfully yours, in the House caused by Mr. JOHN E. FOGARTY. Thornberry’s resignation. § 5.3 An incumbent Member (the Speaker) resigned as a Resignation of Member Elected Representative-elect to the to Next Congress next Congress.

§ 5.2 The resignation of an in- 1. 90 CONG. REC. 8990, 78th Cong. 2d cumbent Member was ten- Sess. 411

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On Jan. 6, 1999,(1) the Clerk of seek re-election in the 106th Congress the House, Jeffrey J. Trandahl, as Speaker of the United States House laid before the House a letter from of Representatives. In conjunction with that decision, I have notified the Gov- Rep. Newt Gingrich, of Georgia, ernor of Georgia that I have with- transmitting a copy of his letter of drawn pursuant to Section 21-2-503 of resignation as a Member-elect for the Official Code of Georgia Annotated the 106th Congress (in the lan- and will not take the seat of congress- guage of the pertinent Georgia man for the Sixth District of Georgia statute, a ‘‘withdrawal’’) that he for the 106th Congress. had submitted to the Governor of I will, however, complete my term as his State in conjunction with his congressman from the Sixth District of decision not to seek the renomina- Georgia for the entirety of the 105th Congress. I will also continue to serve tion of his party caucus for the Of- as Speaker until the completion of the fice of Speaker in the 106th Con- 105th Congress. (2) gress. Please contact me if you have any questions. WASHINGTON, DC, December 17, 1998. Hon. ROBIN H. CARLE, Sincerely, Clerk of the House, the Capitol, NEWT GINGRICH, Washington, D.C. Speaker.

DEAR ROBIN: As you are no doubt NOVEMBER 22, 1998. aware, I have decided that I will not Governor Zell Miller, 1. 145 CONG. REC. 42, 106th Cong. 1st Atlanta, Georgia. Sess. DEAR GOVERNOR MILLER: As you are 2. On Dec. 17, 1998, in the closing days no doubt aware, I have decided that I of the 105th Congress, Speaker will not seek re-election in the 106th Gingrich, having been reelected as a Congress as Speaker of the House of Representative from the Sixth Dis- Representatives. In conjunction with trict of Georgia for the 106th Con- this decision, I hereby notify you that gress, announced that, while he I have withdrawn pursuant to Section would continue to serve in the Office 21-2-504 of the Official Code of Georgia of Speaker and as the Representa- Annotated and will not take the seat of tive from Georgia’s Sixth District congressman for the Sixth District of through the end of the 105th Con- Georgia for the 106th Congress. gress, he would create a vacancy for I will, however, complete my term as the 106th Congress by ‘‘with- congressman for the Sixth District of drawing’’ (the term used in Georgia Georgia for the entirety of the 105th law) as Representative-elect from Congress. I will also continue to serve that district. It was not unprece- as Speaker until the completion of the dented for a Member to resign with- 105th Congress. out ever having taken his seat. See 2 Please contact me if you have any Hinds’ Precedents § 1231. questions.

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Very truly yours, Warm personal regards, NEWT GINGRICH. GERALD R. FORD, Member of Congress. Resignation Based on a Con- tingency WASHINGTON, D.C., November 30, 1973. § 5.4 A Member, in resigning Hon. WILLIAM G. MILLIKEN, from the House, may make Governor, State of Michigan, his resignation effective at Lansing, Mich. such time as his appointment DEAR GOVERNOR MILLIKEN: I am ad- to an Executive office is con- vised by the Speaker of the U.S. House firmed. of Representatives that the final vote on my confirmation as Vice President On Dec. 6, 1973,(1) a copy of the of the United States under the provi- letter of resignation of Rep. Ger- sions of the 25th Amendment to the ald R. Ford, of Michigan, was laid United States Constitution has been before the House by the Speaker, scheduled for Thursday, December 6, 1973. following the completion of the Since the precise date and hour can- joint meeting for the swearing in not be specified in advance, I am here- of Mr. Ford as Vice President. by submitting my resignation as a Representative from the Fifth District WASHINGTON, D.C., December 3, 1973. of Michigan to be effective upon my be- coming Vice President of the United Hon. CARL ALBERT, States. The Speaker, Washington, D.C. It has been a great honor and privi- DEAR MR. SPEAKER: I enclose a copy lege to serve the people of Michigan for of my letter of resignation as a Rep- nearly 25 years in the House of Rep- resentative of the Fifth District of the resentatives and I will continue to State of Michigan in the House of Rep- serve them, together with all the peo- resentatives, effective upon my becom- ple of the United States, when I am ing Vice President of the United confirmed in the Vice Presidency. States. As required by Michigan law, Warm personal regards, this has been submitted to the Gov- GERALD R. FORD, ernor and the Secretary of State of the Member of Congress. State of Michigan. Because it is impossible, I shall not Resignation Immediately After attempt to express my thanks for your Being Sworn-in many courtesies or my regret at leav- ing the House of Representatives after § 5.5 When a Senator had been nearly 25 years. reelected to the Senate and 1. 119 CONG. REC. 39927, 93d Cong. 1st also had been elected Vice Sess. President of the United 413

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States, he submitted his res- the Governor of Texas tendering my ignation from the Senate to resignation as U.S. Senator from that State for the term beginning at noon take effect immediately after January 3, 1961, effective immediately his being re-sworn as a Sen- after I have taken and subscribed to ator. the required oath in open Senate. On Jan. 3, 1961,(1) Lyndon B. Sincerely yours, Johnson, of Texas, Senator-elect LYNDON B. JOHNSON. and Vice President-elect, took the oath as Senator to begin his third DECEMBER 31, 1960. term in the Senate. The Honorable PRICE DANIEL, Immediately after admin- Governor of Texas, Austin, Tex. istering the oath to Senator John- son, outgoing Vice President Rich- DEAR GOVERNOR DANIEL: I hereby tender my resignation as U.S. Senator ard M. Nixon laid before the Sen- from the State of Texas for the term ate a communication from Senator beginning at noon January 3, 1961, ef- Johnson advising that he had sub- fective immediately after the oath re- mitted his resignation as a Sen- quired by the Constitution and pre- ator to the Governor of Texas ef- scribed by law has been taken and sub- fective immediately after his scribed by me in open Senate as provided by rule II of its standing rules. swearing in as a Senator.(2) Sincerely yours, The VICE PRESIDENT. The Chair LYNDON B. JOHNSON. will now read communications from Senator JOHNSON of Texas which were The VICE PRESIDENT. The Chair sent to the Senate and Governor of lays before the Senate a communica- Texas: tion and telegram from the Governor of U.S. SENATE, Texas. OFFICE OF THE DEMOCRATIC LEADER, The communications are as follows: Washington, D.C., December 31, 1960. THE STATE OF TEXAS, The Honorable the VICE PRESIDENT EXECUTIVE DEPARTMENT, OF THE UNITED STATES, Austin, Tex., December 31, 1960. U.S. Senate, Honorable RICHARD M. NIXON, Washington, D.C. Vice President of the United States DEAR MR. VICE PRESIDENT: I enclose and President of the U.S. Senate, a copy of a letter addressed by me to Washington, D.C. DEAR SIR: Having received notice of 1. 107 CONG. REC. 7, 87th Cong. 1st resignation from Senator LYNDON B. Sess. JOHNSON effective after his taking the 2. Mr. Johnson was sworn in as Vice oath of office on January 3, 1961, I President of the United States on hereby appoint WILLIAM A. BLAKLEY, Jan. 20, 1961. See Id. at p. 1010. of Dallas, Tex., to the office of U.S.

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Senator to succeed Senator JOHNSON Congress of the United States from the upon his resignation January 3, 1961. Third District of Virginia, to become ef- Sincerely yours, fective as soon as my successor can be PRICE DANIEL elected. Governor. Yours sincerely, DAVE E. SATTERFIELD, Jr. AUSTIN, TEX., January 3, 1961. FELTON M. JOHNSTON, § 5.7 A Member initially sub- Secretary of the U.S. Senate, mitted his resignation con- Washington, D.C.: tingent on the Governor of Confirming my letter of December his State calling a special 31, I hereby appoint WILLIAM A. election to fill the vacancy BLAKLEY, of Dallas, Tex., to the office created thereby, proposing of U.S. Senator to succeed Senator that such resignation become JOHNSON upon his resignation effective after his taking the oath of office effective on the day of that today. Certificate of appointment being special election but, when mailed. the Governor took no action PRICE DANIEL, in response, again submitted Governor. his resignation without con- § 5.6 A Member resigned his dition. seat in the House effective as On Jan. 18, 1965,(1) a Member soon as his successor could submitted his resignation to his be elected. Governor ‘‘to become effective On Dec. 1, 1944,(1) the Speaker upon such date as the Governor laid before the House the fol- may set for a special election to lowing communication: fill the vacancy.’’ The Speaker laid the letter before the House. WASHINGTON, D. C., November 28, 1944. CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Hon. SAM RAYBURN, Washington, D.C., January 13, 1965. Speaker of the House of Representa- tives, Hon. JOHN W. MCCORMACK, Washington, D. C. Speaker, House of Representatives, Washington, D.C. DEAR MR. SPEAKER: I beg leave to inform you that I have this day trans- DEAR MR. SPEAKER: I beg leave to mitted to the Governor of Virginia my inform you that I have this day trans- resignation as a Representative in the mitted to the Honorable Donald S.

1. 90 CONG. REC. 8689, 78th Cong. 2d 1. 111 CONG. REC. 805, 806, 89th Cong. Sess. 1st Sess.

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Russell, Governor of South Carolina, in a special election, indicate their my resignation as a Representative in approval or disapproval of his ac- the Congress of the United States from tion. However, the Governor did the Second District of South Carolina, the resignation to become effective not call the special election antici- upon such date as the Governor may pated by Mr. Watson. set for a special election to fill the va- When the Governor declined to cancy. A copy of my letter to the Gov- act on the resignation (i.e., to call ernor is attached. a special election), Mr. Watson Sincerely yours, again resigned, this time uncondi- ALBERT WATSON. tionally. On Jan. 28, 1965,(2) the Speaker laid Mr. Watson’s second JANUARY 13, 1965. letter of resignation before the Hon. DONALD S. RUSSELL House. Governor of South Carolina, CONGRESS OF THE UNITED STATES, Columbia, S.C. HOUSE OF REPRESENTATIVES, DEAR GOVERNOR RUSSELL: I hereby Washington, D.C., January 27, 1965. tender to you my resignation as a The Honorable JOHN W. MCCOR- Member of the House of Representa- MACK, tives in the Congress of the United Speaker, House of Representatives, States from the Second Congressional Washington, D.C. District of South Carolina, the resigna- DEAR MR. SPEAKER: By letter dated tion to become effective upon such date January 13, 1965, I submitted to the as you may set for a special election to Honorable Donald S. Russell, Governor fill the vacancy. of South Carolina, my resignation as a I have also informed the Speaker of Representative in the Congress of the the House of Representatives of this United States from the Second District action. of South Carolina, the resignation to Sincerely yours, become effective upon such date as the Governor might set for a special elec- ALBERT WATSON. tion to fill the vacancy. You were ad- Parliamentarian’s Note: During vised of this action by letter of the the 1964 Presidential campaign, same date. Mr. Watson, elected to the 89th It now clearly appears that the Gov- Congress as a Democrat, actively ernor intends no affirmative action on this matter. Therefore, I beg leave to supported the Republican can- inform you that I have this day trans- didate, Senator Barry M. Gold- mitted to him my resignation effective water, of Arizona. upon the adjournment of the House on Mr. Watson declared his change Monday, February 1, 1965. A copy of my letter to the Governor of party affiliation and announced is attached. his decision to resign so that his constituents could, by their votes 2. Id. at p. 1452.

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Sincerely yours, copy of a letter dated Sept. 26, ALBERT WATSON, 1956, in which a Senator had sub- Member of Congress. mitted a resignation to the Gov-

JANUARY 27, 1965. ernor of Texas, effective ‘‘January 15, 1957, or at such earlier date Hon. DONALD S. RUSSELL, Governor of South Carolina, as my successor has been elected Columbia, S.C. and qualified.’’

DEAR GOVERNOR RUSSELL: I hereby tender to you my resignation as a The VICE PRESIDENT. The Chair Member of the House of Representa- lays before the Senate a letter from the tives in the Congress of the United junior Senator from Texas [Mr. DAN- States from the Second Congressional IEL] enclosing a copy of a letter to the District of South Carolina, the resigna- Governor of Texas, tendering his res- tion to become effective upon the ad- ignation as a Senator, effective as of journment of the House on Monday, January 15, 1957. Without objection, February 1, 1965. the letter will be printed in the I have also informed the Speaker of RECORD and placed on file. the House of Representatives of this The letter is ordered to be printed in action. the RECORD and placed on file, as follows: Sincerely yours, ALBERT WATSON, UNITED STATES SENATE, ( ) Member of Congress. 3 Washington, D.C., September 26, 1956. § 5.8 A Senator submitted his Hon. ALLAN SHIVERS, Governor of Texas, resignation effective on a Austin, Tex. certain date or ‘‘at such earlier date as my successor has DEAR GOVERNOR: Acting under the been elected and qualified.’’ provisions of section 4 of article 4.09 of the Texas Election Code, I hereby re- (1) On Jan. 3, 1957, Vice Presi- sign the office of United States Senator dent Richard M. Nixon, of Cali- effective January 15, 1957, or at such fornia, laid before the Senate a earlier date as my successor has been elected and qualified. 3. Following Mr. Watson’s resignation, From this date forward I shall not a special election was held in South draw any salary, but I shall continue Carolina, and Mr. Watson, earlier a my services in completing pending Democrat, was reelected to the matters in my Senate committees and House as a Republican. See 111 shall be available in the event of a spe- CONG. REC. 13774, 89th Cong. 1st cial session, thereby assuring that Sess., June 16, 1965. Texas has the full representation of 1. 103 CONG. REC. 3, 85th Cong. 1st two United States Senators while my Sess. successor is being elected.

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Although the date of the election, had been appointed to the Senate within the time limits specified in sec- to fill a vacancy caused by the res- tion 1 of article 4.09, is a matter within your discretion, please permit me to ignation of Senator George L. express the hope that it will be held in Murphy, of California, whose term time for my successor to take office not of office was about to expire. later than January 3, the first day of the next Congress. 1:25 p.m., JANUARY 2, 1971. Sincerely yours, Hon. JOHN MCCORMACK, Speaker of the House of Representa- PRICE DANIEL. tives, Parliamentarian’s Note: The Washington, D.C. Governor of Texas, taking the DEAR MR. SPEAKER: Effective imme- view that no vacancy would be diately I hereby resign from the House created by the qualified resigna- of Representatives. tion until Jan. 15, 1957, did not Sincerely, call a special election. (Mr. Daniel JOHN V. TUNNEY. became Governor of Texas on Jan. In the Senate, on that same 15, 1957.) day,(2) Senator Michael J. Mans- field, of Montana, rose to present Resignations from House An- the certificate of appointment of ticipating Appointments to former Representative Tunney as Fill Vacancies in Senate a Senator from California. § 5.9 There have been several Presiding Officer Adlai E. Ste- instances in which the res- venson III, of Illinois, asked that ignation of a Member of the the clerk first read the letter of House was timed to coincide resignation of former Senator with the resignation of a Murphy. Member of the Senate, there- Mr. MANSFIELD. Mr. President, I by permitting the executive present the certificate of appointment authority of the State con- of the Honorable JOHN V. TUNNEY as a Senator from the State of California. cerned to appoint the former The PRESIDING OFFICER. First, Representative to fill the va- the clerk will read a letter from the cant Senate seat. former Senator from California. On Jan. 2, 1971,(1) the Speaker The legislative clerk read as follows: laid before the House a letter of JANUARY 2, 1971. resignation from a Member who THE VICE PRESIDENT, Executive Office Building, 1. 117 CONG. REC. 44617, 92d Cong. 1st Sess. 2. Id. at p. 44568.

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Washington. D.C. Effect of Constitutional or Statutory Provisions DEAR MR. VICE PRESIDENT: I herewith submit to you my resignation as a member of the United States Senate § 5.10 A Member’s resignation effective as of 1:31 p.m. today. should be timed to avoid any Sincerely, conflict with constitutional GEORGE MURPHY. or statutory provisions. The Presiding Officer then had On Feb. 27, 1969,(1) the Speaker the certificate of appointment laid before the House a letter from read, after which Mr. Tunney was a Member notifying the Speaker escorted to the desk and the oath that he had submitted his res- prescribed by law was adminis- ignation as a Member of the tered to him by the Presiding Offi- House to the Governor and Sec- cer.(3) retary of State of his State, to be Parliamentarian’s Note: Mr. effective on the day of transmittal. Tunney’s resignation from the House was effective upon submis- HOUSE OF REPRESENTATIVES, Washington, D.C., February 27, 1969. sion to the Governor of California. His letter to the Speaker, resign- Hon. JOHN W. MCCORMACK, Speaker of the House of Representa- ing from the House ‘‘effective im- tives. mediately’’ was laid before the SIR: I beg leave to inform you that I House at 1:25 p.m., and he was have this day transmitted to the Gov- sworn into the Senate shortly ernor of Montana and the Secretary of thereafter. State of Montana, my resignation as a Representative in the Congress of the 3. See § 4.3, supra, where a Senator’s United States from the Second District resignation was submitted three of Montana, to be effective at 3:30 days before the expiration of his p.m., eastern standard time, on the term so that the Governor of his above-mentioned date. State could appoint his successor to JAMES F. BATTIN, fill the three-day vacancy thereby Member of Congress. created, thus providing the successor Parliamentarian’s Note: Mr. with an advantage in seniority over other newly elected Senators. In that Battin’s nomination as a U.S. Dis- case, the departing Senator’s suc- trict Judge (Second District of cessor was an incumbent Member of Montana) was reported to the the House who, in order to accept Senate on Feb. 25, 1969,(2) and the appointment to fill the three-day vacancy, resigned as a Representa- 1. 115 CONG. REC. 4734, 91st Cong. 1st tive on the same day that the Sen- Sess. ator resigned. 2. Id. at p. 4468.

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was confirmed by the Senate on dicated he would resign effective that day. His letter of resignation Jan. 1, 1968, to assume the office from the House specified an effec- of Justice of the Supreme Court of tive time of 3:30 p.m., Feb. 27; New York. He had been appointed and he was sworn in as judge at to this post effective Jan. 1, 1968. that precise hour, thus assuming The SPEAKER laid before the House office before Mar. 1, which would the following communications, which have been the effective date of the were read:

pay raise for Federal judges en- CONGRESS OF THE UNITED STATES, acted as a result of Public Law HOUSE OF REPRESENTATIVES, No. 90–206. By resigning from the Washington, D.C., December 15, 1967. House and taking the oath as a Hon. JOHN W. MCCORMACK, district judge before the salary in- Speaker of the U.S. House of Rep- crease for that position became ef- resentatives, fective, Mr. Battin avoided an ap- Washington, D.C. parent conflict with the following DEAR MR. SPEAKER: Herewith please find copy of my resignation constitutional provision: ‘‘No . . . submitted to the Secretary of State, Representative shall, during the State of New York, as required by Time for which he was elected, be law, effective January 1, 1968. It has been my privilege to have appointed to any Civil Office been able to serve with you these under the Authority of the United many years under your great leader- States, which shall have been cre- ship. I will always remember your wise counsel and guidance, as well ated, or the Emoluments whereof as, the many courtesies extended to shall have been increased during me. I will treasure forever your such time.’’(3) friendship and that of our colleagues with whom I have served. In another instance, on Jan. 15, With warmest personal regards 1968, upon the reconvening of the and very best wishes, I am, Most sincerely, (4) 90th Congress, three commu- ABRAHAM J. MULTER. nications pertaining to the res- Enclosure. ignation of Mr. Abraham J. Multer, of New York, were laid CONGRESS OF THE UNITED STATES, before the House. HOUSE OF REPRESENTATIVES, In his first letter of resignation Washington, D.C., December 15, 1967. submitted to the Speaker, dated Hon. JOHN P. LOMENZO, Dec. 15, 1967, Mr. Multer had in- Secretary of State, State of New York, 3. U.S. Const. art. I § 6. Albany, N.Y. 4. 114 CONG. REC. 7, 90th Cong. 2d DEAR MR. SECRETARY: Pursuant to Sess. the requirements of law, I hereby

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give you notice that I am resigning Member’s appointment to an- as a Member of the United States House of Representatives for the other office. 13th District of New York effective On Jan. 17, 1969,(1) John Sten- the first day of January 1968 on which date, I will assume the office nis, of Mississippi, Chairman of of Justice of the Supreme Court of the Senate Committee on Armed the State of New York to which posi- Services, announced to the Senate tion I was elected on November 7, 1967. that that committee had voted Sincerely yours, unanimously in favor of confirma- ABRAHAM J. MULTER. tion of the nominee-designate for Mr. Multer’s second letter to the Secretary of Defense. This was Speaker, dated Dec. 19, 1967, done before Inauguration Day served as a clarification of his ef- (continuing the practice followed fective date of resignation. To in 1953 and 1961), despite the fact avoid being placed in the position that the nomination was not yet of holding conflicting offices, he made his resignation from the officially before the committee House effective midnight, Dec. 31, since it could not be made by 1967. President-elect Richard M. Nixon CONGRESS OF THE UNITED STATES, before Jan. 20. The nominee-des- HOUSE OF REPRESENTATIVES, ignate was a Member of the December 19, 1967. House, Melvin R. Laird, of Wis- Hon. JOHN W. MCCORMACK, consin, who had taken the oath of Speaker of the U.S. House of Rep- resentatives, office as a Member of the House Washington, D.C. on Jan. 3.

DEAR MR. SPEAKER: This is to clarify After the inauguration of the the effective date of my resignation President on Jan. 20, 1969,(2) the from the House of Representatives. It Senate met to receive executive is intended that my resignation be effective as of midnight, December 31, nominations, among which was 1967, since my new post as Justice of that of Mr. Laird to be Secretary the New York State Supreme Court be- of Defense. Mr. Laird’s nomina- gins on January 1, 1968. tion was confirmed, and Mr. Laird With warm personal regards and best wishes, I am was sworn in as Secretary of De- Sincerely, fense on Jan. 21, 1969, at 8 o’clock ABRAHAM J. MULTER. a.m. The resignation of Mr. Laird Effect of Confirmation of Ap- from the House was dated Jan. pointment to Executive Office 1. 115 CONG. REC. 1261, 91st Cong. 1st § 5.11 A Member’s resignation Sess. has been laid down after the 2. Id. at p. 1289. 421

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21, 1969, the date on which he Governor of Illinois my resignation as was sworn in as Secretary of De- a Representative in Congress from the 13th Congressional District of the fense, and was laid before the State of Illinois, to be effective as of House on Jan. 23, 1969,(3) the midnight, Sunday, May 25, 1969. date of the reconvening of the As you know, my resignation is caused by my having accepted the posi- House following the inauguration. tions of an Assistant to the President Mr. Laird’s communication to the and Director of the Office of Economic Speaker was as follows: Opportunity. I very much appreciate the privilege CONGRESS OF THE UNITED STATES, of having served with you and my colleagues in the House, and I thank you HOUSE OF REPRESENTATIVES, for your cooperation, fairness, assist- Washington, D.C., January 21, 1969. ance, and good will. Hon. JOHN W. MCCORMACK, Respectfully, Speaker of the House of Representa- DONALD RUMSFELD, tives. Representative in Congress. SIR: I beg leave to inform you that I have this day transmitted to the gov- Parliamentarian’s Note: Mr. ernor of Wisconsin my resignation as a Rumsfeld was administered the Representative in the Congress of the oath of office as Director of the Of- United States from the 7th district of fice of Economic Opportunity and Wisconsin. Assistant to the President at 10 MELVIN R. LAIRD. o’clock a.m., May 26, 1969. His Similarly, on May 26, 1969,(4) letter of resignation was laid be- the resignation of Rep. Donald fore the House when it convened Rumsfeld was laid before the at noon on the 26th but stated House after he had been sworn in that the resignation was effective as of ‘‘midnight, Sunday, May 25, as an official of the Executive 1969.’’ Branch. Although the resignation Numerous persons have re- was laid down after the swearing signed as Representative to take a in, the effective time of his res- cabinet post (see, e.g. § 4.2, supra). ignation was earlier than that at However, the following strike a which he took the oath. higher profile. After having been elected both The Honorable the SPEAKER, U.S. House of Representatives, as Vice President and as a Rep- Washington, D.C. resentative in the succeeding Con- gress, then-Speaker John Nance DEAR SIR: It is my duty to inform Garner transmitted to the Gov- you that I have transmitted to the ernor of Texas his resignation as a Member-elect.(5) 3. Id. at p. 1571. 4. Id. at p. 13719. 5. 6 Cannon’s Precedents §§ 230, 453.

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After having been nominated State of Wyoming effective imme- and confirmed as Vice President diately. pursuant to the 25th Amendment, Sincerely, Rep. Gerald R. Ford submitted to DICK CHENEY. the Governor of Michigan a letter Done at Washington, DC, this seven- of resignation as a Representative, teenth day of March, in the year of our and a copy of his letter of resigna- Lord, nineteen hundred and eighty- nine, at 1:01 p.m. tion was laid before the House by The SPEAKER.(8) A similar letter the Speaker following the comple- drafted and addressed to the Governor tion of a joint meeting for his of the State of Wyoming will be in- swearing in as Vice President.(6) serted in the RECORD at this point.

After having been confirmed as HOUSE OF REPRESENTATIVES, Secretary of Defense, Rep. Rich- Washington, DC. ard B. Cheney submitted a letter Hon. MIKE SULLIVAN, of resignation to the Governor of Governor of Wyoming, State Capitol Wyoming, which was laid before Building, Cheyenne, WY. the House before he took the oath DEAR GOVERNOR SULLIVAN: Since of office as Secretary of Defense.(7) January 3, 1979, I have had the honor and privilege of representing the peo- HOUSE OF REPRESENTATIVES, ple of Wyoming in the United States Washington, DC. House of Representatives. The SPEAKER, On March 10, 1989, President Bush The House of Representatives, asked me to become his nominee for The Capitol, Washington, DC. Secretary of Defense. The Senate has now confirmed my nomination, and I DEAR MR. SPEAKER: Since January will assume this office later today. 3, 1979, I have had the honor and I must therefore resign my office as privilege of representing the people of the At-large Representative from the Wyoming in the United States House State of Wyoming effective imme- of Representatives. diately. On March 10, 1989, President Bush Best regards, asked me to become his nominee for DICK CHENEY. Secretary of Defense. The Senate has After having been reelected as now confirmed my nomination, and I will assume this office later today. Representative from the Sixth I must therefore resign my office as District of Georgia for the 106th the At-large Representative from the Congress, Speaker Newt Gingrich held the office of Speaker and his 6. 119 CONG. REC. 39927, 93d Cong. 1st seat in the Sixth District of Geor- Sess., Dec. 6, 1973. See § 5.4, supra. gia through the expiration of the 7. 135 CONG. REC. 4976, 101st Cong. 1st Sess., Mar. 20, 1989. 8. James C. Wright, Jr. (TX).

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105th Congress but created a va- Hon. SAM RAYBURN, cancy for the 106th Congress by Speaker, House of Representatives, ‘‘withdrawing’’ (the term used in Washington, D. C. Georgia law) as Representative- elect from that district.(9) MY DEAR MR. SPEAKER: I wrote you on November 26, 1951, advising you State Law as Affecting Time of that I had transmitted my resignation Resignation as a Member of Congress to the Gov- ernor of the State of New York to take § 5.12 Whether a resignation effect on December 31, 1951. may specify a future effec- I have since been informed by the tive date is a question of secretary to the Governor that the State law. laws of the State of New York do not On Nov. 26, 1951, Rep. T. Vin- permit a resignation by a Member of cent Quinn, of New York, sub- the House of Representatives to take mitted his resignation to take ef- effect at a future date. The resignation fect as of a future date, a proce- must be effective immediately. For this dure that was not permissible reason I have requested that my under the applicable State stat- former resignation be considered a nul- ute. On Jan. 8, 1952,(1) the Speak- lity and have transmitted another res- er laid Mr. Quinn’s resignation be- ignation today. A copy of this resigna- fore the House in a form per- tion is enclosed. mitted under New York law. May I again thank you for all your kindness to me and wish you a happy DECEMBER 30, 1951. and blessed New Year.

9. 145 CONG. REC. 42, 106th Cong. 1st Sincerely yours, Sess., Dec. 17, 1998. See § 5.3, supra. VINCENT, 1. 98 CONG. REC. 14, 15, 82d Cong. 2d T. VINCENT QUINN, Sess. Member of Congress.

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