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§ 3. Procedures and Forms Ch. 37 § 3 DESCHLER-BROWN-JOHNSON PRECEDENTS B. Resignation of a Member From the House § 3. Procedures and Forms Resignations Submitted to the Executive Authority of a A Member customarily resigns State; Procedure from the House by transmitting a § 3.1 A Member properly sub- letter of resignation directly to the mits his resignation from the House to an official des- executive authority of the Mem- ignated by State law and ber’s State and customarily in- simply informs the House of forms the House that he has done his doing so, the latter com- so by letter to the Speaker, the munication being satisfac- tory evidence of the resigna- latter communication being satis- tion,(1) and the Speaker lays factory evidence of the Member’s before the House a letter resignation.(1) from a Member transmitting a copy of his resignation by 1. 2 Hinds’ Precedents §§ 1167–1176; 1 letter to the executive au- Hinds’ Precedents § 567. When the thority of his State. executive authority of the State con- (2) cerned takes cognizance of a resigna- On Jan. 20, 2004, the fol- tion, that executive declares a va- lowing proceedings occurred: cancy and issues a writ of election to RESIGNATION FROM THE fill it. U.S. Const. art. I, § 2, clause 4; HOUSE OF REPRESENTATIVES Ch. 8, § 9, supra. The House in the 108th Congress The SPEAKER laid before the House the following resignation from the changed Rule XX clause 5 to codify House of Representatives: the longstanding practice that the CONGRESS OF THE UNITED STATES, whole number of the House is re- HOUSE OF REPRESENTATIVES, duced when a vacancy arises. The Washington, DC, January 14, 2004. change also provided that the Speak- Hon. DENNIS HASTERT, er announce such reduction (without Speaker, House of Representatives, appeal) and lay before the House any Capitol Building, Washington, DC. documentation he might deem perti- DEAR MR. SPEAKER: Enclosed is a nent. See 149 CONG. REC. 9, 10, copy of my official resignation letter 108th Cong. 1st Sess., Jan. 7, 2003. that was sent to the Governor of South The House also adopted changes to Dakota and the SD Secretary of State. Rule I clause 8(b), House Rules and Manual § 632 (2007) for the event of 1. 1 Hinds’ Precedents § 567. a vacancy in the Office of Speaker. 2. 150 CONG. REC. 65, 108th Cong. 2d See Ch. 38, §§ 1, 2.2, infra. Sess. 354 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00366 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RESIGNATIONS Ch. 37 § 3 I will be resigning from the House of nication from a Member resigning Representatives effective 11:59 p.m. on his seat in the House. January 20, 2004. Please let me know if there are any WASHINGTON, DC, further formalities which I must per- September 11, 1991. form or accomplish to effectuate this Hon. THOMAS S. FOLEY, resignation. Speaker, U.S. Capitol, Washington, Thank you for all the courtesies you DC. have extended to me and the people of South Dakota. DEAR MR. SPEAKER: By the attached Sincerely, letter to Governor Robert P. Casey, I WILLIAM J. JANKLOW. have tendered my resignation as a Enclosure. Representative in Congress for the 2nd Congressional District of Pennsylvania CONGRESS OF THE UNITED STATES, effective at the close of business Sep- HOUSE OF REPRESENTATIVES, Washington, DC, January 14, 2004. tember 11, 1991. Hon. MIKE ROUNDS, Sincerely, Governor of South Dakota, WILLIAM H. GRAY, III Pierre, SD. Member of Congress. Hon. CHRIS NELSON, Secretary of State, (4) Pierre, SD. On Sept. 8, 1982, Speaker pro tempore Melvin Price, of Illinois, DEAR GOVERNOR ROUNDS AND SEC- laid before the House a commu- RETARY OF STATE NELSON: I wish to in- form you that because of present cir- nication from a Member resigning cumstances, I am and will be unable to his seat in the House. perform the duties incumbent upon me HOUSE OF REPRESENTATIVES, in representing the people of South Da- Washington, D.C., August 25, 1982. kota as their US Representative. Therefore, I wish to inform you that Hon. THOMAS P. O’NEILL, Jr. I will resign from the House of Rep- Speaker of the House of Representa- resentatives effective 11:59 p.m. on tives, January 20, 2004. Washington, D.C. Representing the people of South Dakota in all the capacities that I have DEAR MR. SPEAKER: It is with con- over the years has brought a treasure siderable and understandable regret of memories and friends. This includes and deep sadness that I submit my the year I have spent in the US House. resignation as a Representative of the I am thankful to the people of South 14th Congressional District of New Dakota for the courtesies they have York. Copy of my statement is en- shown me. closed. Sincerely, All good wishes. WILLIAM J. JANKLOW. On Sept. 11, 1991,(3) the Speak- Yours sincerely, er laid before the House a commu- FRED RICHMOND. 3. 137 CONG. REC. 22616, 102d Cong. 4. 128 CONG. REC. 22856, 97th Cong. 1st Sess. 2d Sess. 355 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00367 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 37 § 3 DESCHLER-BROWN-JOHNSON PRECEDENTS HOUSE OF REPRESENTATIVES, nication from a Member resigning Washington, D.C., August 25, 1982. his seat in the House, as follows: UGH AREY Hon. H C , WASHINGTON, D.C., August 14, 1975. Governor, State of New York, New York, N.Y. Hon. RAY BLANTON, Governor, State of Tennessee, DEAR MR. GOVERNOR: It is with con- Nashville, Tenn. siderable and understandable regret and deep sadness that I submit my DEAR GOVERNOR BLANTON: This is to resignation as a Representative of the respectfully inform you that I am here- 14th Congressional District of New by resigning my seat as Tennessee’s York. Copy of my statement is en- Fifth District Representative to the closed. United States House of Representa- All good wishes. tives effective this date. Yours sincerely, Sincerely, RICHARD H. FULTON. FRED RICHMOND. (5) On June 3, 1980, the Speaker SEPTEMBER 3, 1975. laid before the House a commu- Hon CARL ALBERT, nication from a Member resigning Speaker, U.S. House of Representa- his seat in the House. tives JUNE 3, 1980. 2205 Rayburn Building Washington, D.C. 20515 Hon THOMAS P. O’NEILL, Jr. Speaker of the House, House of Representatives. DEAR MR. SPEAKER: On August 14, 1975, I transmitted my letter of res- DEAR MR. SPEAKER: I hereby resign ignation from the U.S. House of Rep- from the Office of the Representative resentatives, Fifth Congressional Dis- for the 13th Congressional District of trict of Tennessee to Honorable Ray Michigan, effective immediately. Blanton, Governor, State of Tennessee. In further compliance with applica- ble statutes, I have also sent the same Respectfully, letter of resignation to the Honorable RICHARD H. FULTON. William Milliken, Governor of the On Jan. 23, 1969,(7) Speaker State of Michigan. John W. McCormack, of Massa- Sincerely, chusetts, laid before the House CHARLES C. DIGGS, Jr. the following resignations: On Sept. 3, 1975,(6) the Speaker CONGRESS OF THE UNITED STATES, laid before the House a commu- HOUSE OF REPRESENTATIVES, Washington, D.C., January 21, 1969. 5. 126 CONG. REC. 13005, 96th Cong. Hon. JOHN W. MCCORMACK, 2d Sess. 6. 121 CONG. REC. 27201, 94th Cong. 7. 115 CONG. REC. 1571, 91st Cong. 1st 1st Sess. Sess. 356 VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00368 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RESIGNATIONS Ch. 37 § 3 Speaker of the House of Representa- of my colleagues for your kindnesses, tives. for your cooperation, and above all for the privilege of knowing and working SIR: I beg leave to inform you that I in this, the greatest legislative body in have this day transmitted to the gov- the world. ernor of Wisconsin my resignation as a Kindest personal regards. Representative in the Congress of the United States from the 7th district of Sincerely, Wisconsin. ED REINECKE, MELVIN R. LAIRD.(8) Member of Congress. (9) f On May 4, 1964, the Chair laid before the House communica- RESIGNATION OF A MEMBER tions which the Clerk read as fol- FROM THE HOUSE lows: The SPEAKER laid before the House MAY 1, 1964. the following communication: Hon. JOHN MCCORMACK, HOUSE OF REPRESENTATIVES, Speaker, House of Representatives, Washington, D.C., January 21, 1969. Washington, D.C. Hon. JOHN W. MCCORMACK, DEAR MR. SPEAKER: I hereby resign House of Representatives, my office as Representative in the Con- Washington, D.C. gress of the United States from the Fifth District of South Carolina. DEAR MR. SPEAKER: Please consider I beg leave to inform you that I have this my formal resignation from the this day transmitted to the Governor of House of Representatives of the Con- South Carolina my resignation as Rep- gress of the United States in which I resentative in the Congress of the have served for the past four years as United States from the Fifth District of the Member from California’s 27th Dis- South Carolina. trict. This resignation is to be effective With great respect, I remain, your at the close of business, January 21, obedient servant, 1969. As you know, the reason for this ROBERT W. HEMPHILL. resignation is that I have accepted the position of the Lieutenant Governor of MAY 1, 1964. California. His Excellency DONALD S. RUSSELL, At this time, I would like to take Governor of South Carolina.
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