§ 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.

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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 inform 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.

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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 applicable 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.

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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. this opportunity to thank you and all SIR: I hereby tender my resignation 8. Parliamentarian’s Note: Rep. Laird’s as a Member of the House of Rep- nomination to be Secretary of De- resentatives in the Congress of the fense had been approved by the Sen- United States from the Fifth District of ate on Jan 20, 1969 (Senate Legisla- South Carolina. tive Day of Jan. 10, 1969). See § 5.11, ROBERT W. HEMPHILL. infra, for further information regarding the timing of Mr. Laird’s resigna- 9. 110 CONG. REC. 9946, 88th Cong. 2d tion. Sess.

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On June 19, 1952,(10) the Speak- On May 12, 1938,(11) the Speak- er laid before the House the fol- er laid before the House the following communications, which lowing notice of resignation: were read by the Clerk: WASHINGTON, D. C., May 11, 1938.

CONGRESS OF THE UNITED STATES, Hon. WILLIAM B. BANKHEAD, HOUSE OF REPRESENTATIVES Speaker, House of Representatives, Washington, D. C., June 18, 1952. Washington, D. C.

HON. SAM RAYBURN, MY DEAR MR. SPEAKER: I beg to in- Speaker of the House of Representa- form you that I have this day trans- tives, Washington, D. C. mitted to the Governor of Kentucky my resignation as a Representative in the DEAR MR. SPEAKER: I beg leave to Congress of the United States from the inform you that I have this day trans- Eighth District of Kentucky, effective mitted to the Governor of Texas my May 12, at 10 o’clock a. m. eastern resignation as a Representative in the standard time. Congress of the United States from the With kindest regards, Seventh District of Texas, effective I am truly, midnight June 30, 1952. FRED M. VINSON. A copy of my letter to the Governor is enclosed herewith. Resignations Submitted to Respectfully yours, House; Procedure TOM PICKETT, Member of Congress. § 3.2 A resignation submitted [Enclosure.] in the first instance to the HOUSE OF REPRESENTATIVES, Speaker is laid before the Washington, D. C., June 18, 1952. House and spread upon the HON. ALLAN SHIVERS, Journal, and the executive Governor of Texas, Austin, Tex. authority of the State is notified of the vacancy if this has DEAR GOVERNOR: I hereby tender to you my resignation as a Member of the not already been done by the House of Representatives in the Con- Member. gress of the United States from the On Apr. 22, 1991,(1) Speaker pro Seventh District of Texas, effective tempore Dale E. Kildee, of Michi- midnight, June 30, 1952. gan, laid before the House a res- Respectfully yours, ignation submitted by a Member TOM PICKETT, Member of Congress. 11. 83 CONG. REC. 6775, 75th Cong. 3d Sess. 10. 98 CONG. REC. 7661, 82d Cong. 2d 1. 137 CONG. REC. 8742, 102d Cong. 1st Sess. Sess.

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to the Speaker rather than to the HOUSE OF REPRESENTATIVES executive authority of his State, a Washington, DC, August 5, 1988. copy of the letter to the Speaker Hon. MARIO CUOMO, Governor of the State of New York, having been transmitted to the Executive Chambers, Albany, Governor. NY.

HOUSE OF REPRESENTATIVES DEAR GOVERNOR CUOMO: I hereby Washington, DC, April 19, 1991. resign as the Representative from the 19th Congressional District, effective Hon. THOMAS S. FOLEY, immediately. Speaker of the House, The Capitol, Washington, DC. Sincerely, MARIO BIAGGI, DEAR MR. SPEAKER: I hereby resign Member of Congress. the office of Representative for the Sec- (3) ond Congressional District of Arizona, On Mar. 9, 1982, Speaker pro effective May 4, 1991. tempore Dale E. Kildee, of Michi- gan, laid before the House a res- Sincerely, MORRIS K. UDALL. ignation submitted by a Member to the Speaker rather than to the cc: Gov. Fife Symington. executive authority of his State. On Aug. 8, 1988,(2) Speaker pro WASHINGTON, D.C., tempore Paul E. Kanjorski, of March 5, 1982. Pennsylvania, laid before the Hon. THOMAS P. O’NEILL, Jr., House a telefacsimile of a letter The Speaker, from a Member informing the House of Representatives, House of his resignation. Washington, D.C.

DEAR MR. SPEAKER: I hereby resign HOUSE OF REPRESENTATIVES my office as a Representative in Con- Washington, DC, August 5, 1988. gress from the 30th Congressional Dis- Hon. JIM WRIGHT. trict of California effective at 12 o’clock Speaker of the House of Representa- Noon on Tuesday, March 9, 1982. tives, H204, The Capitol, Washington, DC. Very truly yours, GEORGE E. DANIELSON, DEAR MR. SPEAKER: I hereby resign Member of Congress. as the Representative from the 19th Congressional District, effective imme- On Apr. 29, 1981,(4) the Speaker diately. laid before the House a resigna- Sincerely, tion submitted by a Member to MARIO BIAGGI, Member of Congress. 3. 128 CONG. REC. 3557, 97th Cong. 2d Sess. 2. 134 CONG. REC. 21026, 100th Cong. 4. 127 CONG. REC. 7815, 97th Cong. 1st 2d Sess. Sess.

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the Speaker rather than to the ex- Hon. CARL L. ALBERT, Speaker, House of Representatives, ecutive authority of his State. Washington, D.C.

WASHINGTON, D.C., Apr. 29, 1981. DEAR SIR: I hereby resign my office Hon. THOMAS P. O’NEILL, JR., as Representative in Congress of the Speaker of the House, United States from the 18th district of The Capitol, Washington, D.C. Ohio, effective immediately. With great respect, DEAR MR. SPEAKER: Effective at the WAYNE L. HAYS. adjournment of the House on Tuesday, May 5, 1981, I hereby resign as a The SPEAKER. Without objection, Member of the House of Representa- the Speaker will notify the Governor of tives. I have also today notified the the State of Ohio of the resignation of Governor of the Commonwealth of the gentleman from Ohio. Pennsylvania of my action. There was no objection. It has been an honor for me to serve the people of Pennsylvania’s Third On July 12, 1957,(6) a Member Congressional District as a Member of submitted his letter of resignation this body. I leave with nothing but the highest respect for this House and to the House, whereupon the with great appreciation to all of its Speaker was authorized to inform members for the advice and support the Governor of the State con- that has been given me during my ten- cerned.(7) ure here. It is my prayer that each Member will be granted special insight as they The SPEAKER. The Chair lays be- deal with the difficulties facing our na- fore the House the following resignation. tion: Respectfully yours, JULY 12, 1957. RAYMOND F. LEDERER, Hon. SAM RAYBURN, Member of Congress. Speaker of the House of Representa- tives, The SPEAKER. The Chair will notify The Capitol, Washington, D. C. the Governor of the Commonwealth of Pennsylvania of the resignation. DEAR MR. SPEAKER: I hereby resign my office as Representative in the Con- (5) On Sept. 1, 1976, the Speaker gress of the United States from the laid before the House a resigna- 13th District of Pennsylvania, effective tion submitted by a Member to September 1, 1957. the Speaker, who secured an order of the House to notify the 6. 103 CONG. REC. 11536, 85th Cong. Governor. 1st Sess. 7. See § 5.7, infra, where a Member re- SEPTEMBER 1, 1976. signed directly to the House, the Governor not having acted on the 5. 122 CONG. REC. 28887, 94th Cong. Member’s previous letter of resigna- 2d Sess. tion.

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It would be remiss of me if I did not tive authority attaching a state how much I have appreciated copy of such a letter. your many courtesies to me during the ( ) past years. On Dec. 12, 1995, 1 Speaker pro With great respect, I am, tempore Ray LaHood, of Illinois, laid before the House a copy of a Very sincerely yours, communication from a Member re- SAMUEL K. MCCONNELL, Jr., Member of Congress, signing his seat in the House. 13th District of Pennsylvania. CONGRESS OF THE UNITED STATES, The SPEAKER. Without objection, HOUSE OF REPRESENTATIVES, the Speaker will notify the Governor of Washington, DC, December 12, 1995. the State of Pennsylvania of the res- Hon PETE WILSON, ignation of the gentleman from Penn- Governor, State Capitol, sylvania [Mr. MCCONNELL]. Sacramento, CA.

There was no objection. DEAR MR. GOVERNOR: Obviously, you The Speaker’s letter notifying are aware of the recent turn of events in my life. While I finally received my the Governor of the resignation day in court, I, unfortunately, was not was as follows: judged by a jury of my peers and in my opinion, did not receive a just verdict. JULY 12, 1957. Nevertheless, that verdict is a reality His Excellency GEORGE M. LEADER, pending appeal. Governor of Pennsylvania, As I stated to the media immediately Harrisburg, Pennsylvania. after my verdict, it was never my intention to put the Congress through a SIR: Honorable Samuel K. McCon- vote on expulsion if I were convicted. nell, Jr. on Friday July 12, 1957, sub- Therefore, I am hereby tending my res- mitted his resignation as a Representa- ignation as representative of the 37th tive in the Congress of the United Congressional district effective Decem- States from the Thirteenth District of ber 15, 1995. Pennsylvania, effective September 1, Contrary to what anyone has ever 1957, and pursuant to the order of the said or intimated, I have never sold House of Representatives of Friday out my constituency or my oath of of- July 12, 1957, I have been directed to fice. I am fully persuaded that in the near future God will vindicate my so inform you. name. Very truly yours, Sincerely, PEAKER AM AYBURN S S R . WALTER R. TUCKER III. ( ) § 3.3 The Speaker has laid be- On Sept. 27, 1995, 2 the Speak- fore the House a copy of a er laid before the House a communication from the Governor of a letter of resignation from a

Member to the executive au- 1. 141 CONG. REC. 36224, 104th Cong. thority of his State or a com- 1st Sess. munication from an execu- 2. Id. at p. 26567. 361

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State, including the attachment cial resignation effective October 1, thereto of a copy of a communica- 1995. It has been both an honor and a tion from a Member of the House privilege to serve the people of the Sec- to that Governor by which the ond Congressional District of Illinois. Member resigned his seat as a Sincerely, Member of the House. MEL REYNOLDS.

OFFICE OF THE GOVERNOR Receipt During Adjournment Springfield, IL, September 8, 1995. Sine Die Hon. NEWT GINGRICH, Speaker of the House of Representa- § 3.4 When the Speaker, during tives, U.S. Congress, Wash- a period of adjournment, re- ington, DC. ceives notice of the resigna- DEAR SPEAKER GINGRICH: Attached tion of a Member from the please find the official letter of resigna- House, he informs the House tion from Congressman Mel Reynolds when it reconvenes. of Illinois’ Second Congressional Dis- (1) trict. On Aug. 16, 1960, following Pursuant to state law, I will take the the adjournment of the 86th Con- appropriate steps to fill the vacancy gress, the resignation of a Mem- created by Congressman Reynolds’ res- ber was laid before the House as ignation. Please do not hesitate to let follows: me know if you have any questions re- AUGUST 8, 1960. garding this or any other matter. Hon. SAM RAYBURN, Sincerely, Speaker, House of Representatives, JIM EDGAR, Washington, D.C. Governor. DEAR SIR: I hereby resign my office as Representative in the Congress of Attachment. the United States from North Dakota. Respectfully, CONGRESS OF THE UNITED STATES, QUENTIN N. BURDICK. HOUSE OF REPRESENTATIVES Washington, DC, Parliamentarian’s Note: On this September 1, 1995. occasion, the Speaker announced to the House that, pursuant to a Hon. JIM EDGAR, Governor, State of Illinois, previous order of the House au- Springfield, IL. thorizing the Speaker to accept resignations during the August re- DEAR GOVERNOR: Tonight I shall be cess of the House, he had, on Aug. announcing my resignation from the 104th Congress. Please receive this let- 1. 106 CONG. REC. 16535, 86th Cong. ter as formal notice to you of my offi- 2d Sess.

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8, 1960, accepted the resignation DECEMBER 29, 1958. of Mr. Burdick as a Representa- Hon. SAM RAYBURN, tive and had informed the Gov- Speaker of the House, The Capitol, ernor of North Dakota of the re- Washington, D.C. ceipt of said resignation. However, DEAR MR. SPEAKER: I hereby resign in this case the Speaker misspoke, as a Member of the House of Rep- with respect to acceptance of the resentatives of the United States, effec- resignation, as the Speaker’s au- tive at 12 o’clock midnight, December thority to accept resignations dur- 31, 1958. ing a recess is applicable to House Very truly yours, officers and employees and other HENRY J. LATHAM. positions as to which the Speaker § 3.5 The Speaker lays before makes appointments, and not to the House, or, in case the Members, as to whose resigna- House has adjourned sine tions no acceptance is necessary. die, submits for the Congres- ( ) On Jan. 7, 1959, 2 the resigna- sional Record following such tions of certain Members, sub- adjournment, a letter from a mitted after sine die adjournment Member advising of his res- of the 85th Congress, were laid ignation (usually accom- before the House by the Speaker panied by a copy of the ac- following the organization of the tual letter of resignation that 86th Congress. the Member submitted to the (1) HOUSE OF REPRESENTATIVES State official concerned). Washington, D.C., November 12, 1958. On Dec. 15, 2003,(2) the fol- Hon. SAM RAYBURN, lowing proceedings occurred: Speaker of the House, House of Representatives, 1. Parliamentarian’s Note: Although Washington, D.C. the letter was dated Dec. 8 (the last day of the first session), the original SIR: I beg leave to inform you that I was not received that day. Thus, the have this day transmitted to the Gov- Speaker was not able to lay the let- ernor of Massachusetts my resignation ter down and make an announce- as Representative in the Congress of ment of the reduced whole number of the United States from the 13th Dis- the House under Rule XX clause 5(c) trict of Massachusetts, effective No- (now 5(d)), House Rules and Manual vember 13, 1958. § 1024b (2007). He did make that an- Sincerely yours, nouncement before the call of the RICHARD B. WIGGLESWORTH. roll at the start of the second session. 2. 105 CONG. REC. 15, 86th Cong. 1st 2. 149 CONG. REC. 32411, 108th Cong. Sess. 1st Sess.

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Sincerely, CONGRESS OF THE UNITED STATES, ERNIE FLETCHER, HOUSE OF REPRESENTATIVES, Member of Congress. December 8, 2003. CONGRESS OF THE UNITED STATES, THE SPEAKER, House of Representatives, HOUSE OF REPRESENTATIVES, The Capitol, Washington, DC. December 8, 2003. Hon. PAUL PATTON, DEAR MR. SPEAKER: It has been a Governor, Commonwealth of Ken- privilege to work with you. I am grate- tucky, Frankfort, KY. ful for the support, guidance and opportunities you have provided during DEAR GOVERNOR PATTON: For the my years in the House—especially by past five years, it has been my honor allowing me to play a leadership role and privilege to serve the people of in so many important healthcare ini- Central Kentucky in the U.S. House of tiatives. As I begin a new path in Ken- Representatives. This past November, tucky, I will appreciate even more the I was offered another opportunity to trials of leadership and the courage of serve the Commonwealth of Kentucky conviction you have exemplified. as the next Governor. Thank you for your friendship, and I hereby wish to tender my resigna- know that I have come to admire the tion as Kentucky’s Sixth Congressional gracious and professional manner in District Representative effective upon which you lead the House. taking the gubernatorial oath of office During the past 5 years, I have had on Tuesday, December 9, 2003. the great honor to serve as the Rep- Sincerely, resentative for the people of the Sixth ERNIE FLETCHER, Congressional District of Kentucky. My Member of Congress. service in the U.S. Congress has been On Jan. 20, 2004,(3) at the con- a rewarding professional experience. I vening of the House on the day thank every one of my constituents set for commencement of the sec- who put their trust and faith in my leadership. ond session, the Speaker called Having recently been selected by the the House to order and, following people of Kentucky to serve as the next the opening prayer and without Governor of that great Commonwealth, motion from the floor, ordered a I will resign my seat representing the call of the House to establish a Sixth Congressional District of Ken- quorum. tucky effective, upon taking the guber- Where a resignation letter had natorial oath of office at midnight on Tuesday, December 9, 2003. been received by the Speaker and I look forward to working with the printed in the Congressional distinguished Members of the House in Record following sine die adjourn- my new position, and have appreciated ment of the first session, the their friendship, support, and collegiality during my years in Con- 3. 150 CONG. REC. 64–66, 108th Cong. gress. 2d Sess.

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Speaker announced a reduction in House to order and, after the the whole number of the House opening prayer, lays before pursuant to Rule XX clause 5(c)(4) the House any letters noti- before the call of the House to es- fying the Speaker of resigna- tablish a quorum. tions from the House since Parliamentarian’s Note: Because the last meeting of the Rep. Fletcher’s resignation was ef- House. fective before the instant day and (1) because his letter was printed in On Jan. 15, 1968, the Speaker the interim Congressional Record laid before the House communica- (2) between sessions, his name was tions from two Congressmen removed from the Clerk’s roll be- tendering their resignations. fore its call. Contrast this with RESIGNATION AS MEMBER OF the case on the roll of Rep. THE HOUSE OF REPRESENTA- Janklow, whose letter was laid TIVES down this day (See § 3.1, supra), Th SPEAKER laid before the House but whose resignation was not ef- the following communications, which fective until midnight: his name were read: was included on the roll, and the CONGRESS OF THE UNITED STATES, Speaker announced the adjust- HOUSE OF REPRESENTATIVES, Washington, D.C., December 15, 1967. ment to the whole number of the (5) Hon. JOHN W. MCCORMACK, House on the next day. Speaker of the U.S. House of Rep- ANNOUNCEMENT BY THE resentatives, Washington, D.C. SPEAKER DEAR MR. SPEAKER: Herewith please The SPEAKER. Under clause 5(c) of find copy of my resignation submitted rule XX, the Chair announces to the to the Secretary of State, State of New House that, in light of the resignation York, as required by law, effective Jan- of the gentleman from Kentucky (Mr. uary 1, 1968. FLETCHER), as indicated in the RECORD It has been my privilege to have of December 15, 2003, the whole num- been able to serve with you these ber of the House is adjusted to 434. many years under your great leadership. I will always remember your wise § 3.6 At the beginning of a new counsel and guidance, as well as, the session, the Speaker calls the many courtesies extended to me. I will treasure forever your friendship and 4. House Rules and Manual § 1024b that of our colleagues with whom I (2007). Rule XX clause 5(c) was re- have served. designated Rule XX clause 5(d) in the 109th Congress. 1. 114 CONG. REC. 7, 90th Cong. 2d 5. See 150 CONG. REC. 137, 108th Sess. Cong. 2d Sess., Jan. 21, 2004. 2. See § 5.10, infra.

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With warmest personal regards and which position I was elected on No- very best wishes, I am, vember 7, 1967. Most Sincerely, Sincerely yours, ABRAHAM J. MULTER. ABRAHAM J. MULTER.

Enclosure. f

CONGRESS OF THE UNITED STATES, RESIGNATION AS MEMBER OF THE HOUSE OF REPRESENTA- HOUSE OF REPRESENTATIVES TIVES December 19, 1967. The SPEAKER laid before the House Hon JOHN W. MCCORMACK, Speaker of the House of Representa- the following communication, which tives, Washington, D.C. was read: CONGRESS OF THE UNITED STATES, DEAR MR. SPEAKER: This is to clarify HOUSE OF REPRESENTATIVES, the effective date of my resignation Washington, D.C., January, 1, 1968. from the House of Representatives. It Hon. JOHN W. MCCORMACK, is intended that my resignation be ef- Speaker of the House of Representa- fective as of midnight, December 31, tives, U.S. Congress, Wash- 1967, since my new post as Justice of ington, D.C. the New York State Supreme Court be- DEAR MR. SPEAKER: Attached is a gins on January 1, 1968. copy of a letter this day forwarded to With warm personal regards and Honorable Paul B. Johnson, Governor best wishes, I am, of the State of Mississippi, tendering Sincerely, my resignation as a Member of the ABRAHAM J. MULTER. United States House of Representa- tives effective on my taking the oath of CONGRESS OF THE UNITED STATES, office as Governor of Mississippi on HOUSE OF REPRESENTATIVES January 16, 1968. Washington, D.C., December 15, 1967. Mr. Speaker, I came to the Congress Hon JOHN P. LOMENZO, believing it to be the greatest delibera- Secretary of State, tive body on earth. After twenty-one State of New York, years, I will leave the Congress even Albany, N.Y. more secure in that belief. I cherish the many friendships I DEAR MR. SECRETARY: Pursuant to have made here; and I take this means the requirements of law, I hereby give through you to express profound appre- you notice that I am resigning as a ciation to my colleagues for their Member of the United States House of friendships and courtesies throughout Representatives for the 13th District of the years. New York effective the first day of Jan- My service in this body has brought uary 1968 on which date, I will assume satisfaction in accomplishment, dis- the office of Justice of the Supreme appointment in defeat, heartache in Court of the State of New York to frustration, and joy in triumph. In all,

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Mr. Speaker, these have been the most laid down before the election interesting and rewarding years of my of a Speaker (although the life. I will always be thankful for the privilege of having been a part of this names of resigned Members great institution. are stricken from the roll As I leave the Congress to assume a and are not called to estab- public position of greater responsi- lish a quorum or to elect the bility, I seek the prayers and good will Speaker). of you and my colleagues as we strive ( ) in common purpose to build a greater On Jan. 10, 1962, 1 at the con- and finer Republic. vening of the second session of the With sincere best wishes, I am, 87th Congress, the Clerk, Ralph Respectfully, R. Roberts, called for nominations JOHN BELL WILLIAMS. for the Office of Speaker. Nomina- tions were made, a vote taken, CONGRESS OF THE UNITED STATES, and a Speaker elected. The newly HOUSE OF REPRESENTATIVES, elected Speaker(2) then laid before Washington, D.C., January 1, 1968. the House resignations of Mem- Hon. PAUL B. JOHNSON, Governor, bers from the House received dur- State of Mississippi, ing the adjournment sine die be- Jackson, Miss. tween the first and second sessions of the 87th Congress: DEAR GOVERNOR JOHNSON: I hereby tender to you my resignation as a DECEMBER 11, 1961. Member of the House of Representa- tives in the Congress of the United OFFICE OF THE SPEAKER OF THE States from the Third District of Mis- HOUSE, sissippi, to become effective on Janu- House of Representatives, ary 16, 1968, on my taking the oath of Washington, D.C. office as Governor of the State Of Mis- DEAR SIR: On November 8, 1961, I sissippi. submitted to Gov. Price Daniels, of Respectfully yours, Texas, my resignation as Representa- JOHN BELL WILLIAMS. tive from the 13th Congressional Dis- trict in the Congress of the United § 3.7 Election of a new Speaker States, effective December 15, 1961. being the first order of business when a new Congress 1. 108 CONG. REC. 7, 87th Cong. 2d convenes (or when the Office Sess. The Office of Speaker was vacant due to the death of Speaker of Speaker is otherwise va- Sam Rayburn (TX) on Nov. 16, 1961, cant), the resignation of a after the adjournment sine die of the Member received during an first session of the 87th Congress. adjournment sine die is not 2. John W. McCormack (MA). 367

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Sincerely yours, giving notice of his resignation, FRANK IKARD, and a letter from the Governor Member of Congress. announcing the appointment by

DECEMBER 4, 1961. the Governor of a new Resident (2) Hon. JOHN W. MCCORMACK, Commissioner. Speaker pro tempore, Members representing the New House of Representatives, Washington, D.C. York City areas of Harlem and the Bronx were invited by the MY DEAR MR. SPEAKER: Please be advised that I have today transmitted Speaker to escort the newly ap- to the Governor of the State of New pointed Resident Commissioner to York, Nelson A. Rockefeller, my res- the well to be sworn in. ignation as Representative in the Con- The letter from the Governor of gress of the United States from the Puerto Rico and the swearing in Sixth Congressional District of New of the new Resident Commissioner York, which said resignation is to take effect as of midnight, December 31, were as follows: 1961. COMMONWEALTH OF PUERTO RICO, With every good wish and kindest OFFICE OF THE GOVERNOR, and warmest regards, I am, San Juan, PR, February 21, 1992. Sincerely, Hon.THOMAS S. FOLEY, LESTER HOLTZMAN. Speaker, U.S. House of Representa- tives, the Capitol, Washington, DC. § 3.8 When the Resident Com- missioner from Puerto Rico DEAR MR. SPEAKER: I have officially resigns from the House, the appointed Mr. Antonio J. Colorado to fill the vacancy that will ensue on resulting vacancy is filled, March 4, 1992, from the resignation of pursuant to Federal law, by Jaime B. Fuster as Resident Commis- appointment by the Gov- sioner of the Commonwealth of Puerto ernor of the Commonwealth Rico in the United States House of of Puerto Rico, subject to Representatives. The Senate of the Commonwealth of Puerto Rico has con- confirmation by the Senate firmed Mr. Colorado’s appointment, as of the Commonwealth of required by Section 36 of the 1950 Puerto Rico. Puerto Rican Federal Relations Act, 48 USC § 745. On Mar. 4, 1992,(1) the Speaker With my best personal regards, I am laid before the House a letter from the Resident Commissioner to the 2. Appointment (rather than special United States from Puerto Rico, election) to fill a vacancy in the position of Resident Commissioner is 1. 138 CONG. REC. 4386, 102d Cong. 2d provided for by law (§ 36 of Act of Sess. Mar. 2, 1917; 48 USC § 892).

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Sincerely yours, 1997,(1) Rep. Floyd H. Flake re- Rafael Herna´ndez Colo´n. signed as a Member effective Nov. (2) f 16, 1997. (On Oct. 9, 1997, Mr. Flake had withdrawn an earlier SWEARING IN OF THE HONOR- putative resignation by letter to ABLE ANTONIO J. COLORADO OF PUERTO RICO AS A MEM- the Governor of New York dated BER OF THE HOUSE Aug. 1, 1997, which proposed to The SPEAKER. Will the gentleman be effective on Oct. 15, 1997, and from New York [Mr. RANGEL] and the which had been laid before the gentleman from New York [Mr. House on Sept. 3, 1997.(3) State SERRANO] come forward to escort the law required that a resignation be Resident Commissioner of Puerto Rico submitted to the State secretary elect, the Honorable ANTONIO J. COLO- RADO, to the well to receive the oath of of State, not the Governor.) office? The letters appear in the Con- Mr. COLORADO appeared at the gressional Record as follows: bar of the House and took the oath of office administered by the Speaker as HOUSE OF REPRESENTATIVES, follows: Washington, DC, August 4, 1997. Do you solemnly swear to support Hon. NEWT GINGRICH, and defend the Constitution of the Speaker of the House, The Capitol, United States against all enemies, H-232, foreign and domestic; that you will Washington, DC. bear true faith and allegiance to the same; that you take this obligation DEAR MR. SPEAKER: This missive freely, without any mental reserva- comes as an official announcement of tion or purpose of evasion, and that you will well and faithfully discharge my resignation from the U.S. House of the duties of the office on which you Representatives, effective October 15, are about to enter. So help you God. 1997. My duties and responsibilities as The SPEAKER. Congratulations, you are a Member of the House of Rep- pastor of the Allen A.M.E. Church in resentatives. Jamaica, New York, has grown to such a level that I am needed there on a § 3.9 State law may require more consistent basis. I have enjoyed the opportunities that you have given that the State executive au- me to converse with you regarding my thority to whom a Member’s ideas for community, education, and resignation is to be sub- economic development. I hope that my mitted is the State secretary leaving does not preclude our ability of State rather than the Gov- 1. See 143 CONG. REC. 26709, 105th ernor. Cong. 1st Sess. See § 5.1, infra. By letter to the Secretary of 2. Id. at p. 22020. State of New York dated Nov. 7, 3. Id. at p. 17526. 369

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to, in some way, continue these discus- that my retirement announcement to sions in the future. the Governor on August 4, 1997 was With warmest regards, I am an erroneous interpretation of the stat- utory requirements for resignations. Sincerely, Therefore, it is also my belief that, ac- FLOYD H. FLAKE, cording to section 31, any record of my Member of Congress. resignation is not effective since I have never directly notified your office of my HOUSE OF REPRESENTATIVES, plans. I will, however, inform you of Washington, DC, August 1, 1997. my plans at the appropriate time, Hon. GEORGE E. PATAKI, which in this case will be no more than State of New York, thirty days prior to my resignation. Office of the Governor, Albany, NY If there are any questions regarding my plans, please feel free to contact DEAR GOVERNOR PATAKI. This mis- me, or Sean Peterson, my Chief of sive comes as an official announcement Staff. of my resignation from the U.S. House With warmest regards, I am of Representatives, effective October 15, 1997. Sincerely, My duties and responsibilities as FLOYD H. FLAKE, pastor of Allen A.M.E. Church have Member of Congress. grown to a level which necessitates my presence on a more consistent basis. HOUSE OF REPRESENTATIVES, I have called your office, and hope to Washington, DC, November 7, 1997. be able to speak with you in the near HON. ALEXANDER TREADWELL, future. Secretary of State, With warmest regards, I am Albany, NY. Sincerely, DEAR SECRETARY TREADWELL: Pur- FLOYD H. FLAKE, suant to section 31 of the Public Offi- Member of Congress.... cers law, I hereby inform you that I am resigning from the United States CONGRESS OF THE UNITED STATES, House of Representatives. My resigna- HOUSE OF REPRESENTATIVES tion will become effective at midnight Washington, DC, October 8, 1997. on November 16, 1997. Hon. ALEXANDER TREADWELL, As you and the citizens of New York Secretary of State, are well aware, I am returning to my Albany, NY. pastorate at the Allen A.M.E. church in Jamaica, Queens. Although I have DEAR SECRETARY TREADWELL: After been called back to Allen to devote my considering the needs of my constitu- energy and full-time attention to its ents and the short time remaining in congregation, I am proud of my service this session, I intend to remain in Con- in Congress. It has been my distinct gress at least until our legislative busi- privilege to represent the people of the ness is completed. 6th Congressional District of New I have reviewed section 31 of the York, and an honor to serve the people Public Officers law, and I understand of the United States of America.

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With warmest regards, I am DEAR MR. SPEAKER: I herewith sub- Sincerely, mit my resignation as a Representative of the 83d Congress from the Eighth FLOYD H. FLAKE, Member of Congress. Congressional District of New York to take effect on the 21st day of July On Jan. 6, 1960,(4) the resigna- 1954. tion of a Member, indicating that I have the honor to enclose a copy of the Secretary of State of the State a letter addressed to the Hon. Thomas of New York had been notified, E. Dewey, Governor of New York, noti- was laid before the House: fying him of said resignation. I have the honor to be, respectfully, DECEMBER 31, 1959. LOUIS B. HELLER, Hon. SAM RAYBURN, Member of Congress, Speaker of the House of Representa- Eighth District, New York. tives, Washington, D.C. Subsequently, Mr. Heller submitted to the Speaker another let- DEAR MR. SPEAKER: I beg leave to (6) inform you that I have this day trans- ter which, on July 29, 1954, was mitted to the secretary of state, State laid before the House. In it, Mr. of New York, my resignation as Rep- Heller explained that he had been resentative in the Congress of the advised that his resignation was United States from the 23d District of required to be transmitted to the New York. Secretary of State of the State of Sincerely yours, New York instead of the Gov- ISIDORE DOLLINGER. ernor.

Mr. Louis B. Heller, of New JULY 28, 1954. York, submitted his resignation to Hon. JOSEPH W. MARTIN, Jr., the Governor of New York on July Speaker, House of Representatives, 21, 1954; at the same time he ten- Washington, D.C. dered his resignation to the House, and these resignations DEAR MR. SPEAKER: I enclose here- were laid before the House on with copy of a letter which I have this day addressed to the Honorable Thom- (5) July 23, 1954, as follows: as J. Curran, Secretary of the State of BROOKLYN, N. Y., July 21, 1954. New York, notifying him of my res- Hon. JOSEPH W. MARTIN, JR., ignation as a Member of Congress from Speaker, House of Representatives, the Eighth Congressional District, New Washington, D.C. York, which took effect on July 21, 1954. 4. 106 CONG. REC. 5, 86th Cong. 2d In my communication to you of July Sess. 21, 1954, I enclosed a copy of a letter 5. 100 CONG. REC. 11756, 83d Cong. 2d Sess. 6. Id. at p. 12628.

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addressed to Governor Dewey. Appar- His Excellency AVERELL HARRIMAN, ently, notice of my resignation is re- Governor of the State of New York, quired to be transmitted to the Sec- The Executive Chamber, Capitol, retary of the State of New York (elec- Albany, N. Y. tion law, State of New York, sec. 297), hence the enclosed. SIR: I hereby tender to you my resignation as a Member of the House of With kindest regards, I am Representatives in the Congress of the Sincerely, United States from the 22d District of LOUIS B. HELLER.(7) New York, effective midnight, Monday, January 2, 1956. § 3.10 There have been in- Respectfully yours, stances in which a Member’s SIDNEY A. FINE, resignation from the House Member of Congress. has been accepted by the Similarly, on Jan 5, 1955,(2) Governor of the Member’s sundry resignations were laid be- State even though State law fore the House. Among them was contemplated submission of a letter from a Member from the such a resignation to the State of New York stating that he State Secretary of State. had transmitted to the Governor (1) of New York his resignation as a On Jan. 3, 1956, the Speaker Member of the House. laid before the House a copy of a communication from a Member NEW YORK, N. Y., December 31, 1954. from the State of New York that Hon. JOSEPH W. MARTIN, JR., the Member had submitted to the Speaker of the House of Representa- Governor of that State and in tives, which the Member tendered to the Washington, D.C. Governor (and not to the State SIR: I beg leave to inform you that I Secretary of State, as specified in have this day transmitted to His Excel- State law) his resignation as a lency Thomas E. Dewey, Governor of the State of New York, my resignation Member of the House. as a Representative in the Congress of the United States from the 21st Con- CONGRESS OF THE UNITED STATES, gressional District of New York. HOUSE OF REPRESENTATIVES, Washington, D. C., December 21, 1955. Respectfully, J. K. JAVITS. 7. See also § 5.10, infra, noting that the Parliamentarian’s Note: Mr. resignation of Mr. James F. Battin Javits also submitted his resigna- (MT), was tendered to both the Gov- tion to the Secretary of State of ernor and the Secretary of State. 1. 102 CONG. REC. 4, 84th Cong. 2d 2. 101 CONG. REC. 11, 84th Cong. 1st Sess. Sess.

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the State of New York, as re- as a State Governor or city quired by State law.(3) Mayor,(6) to accept an appointment as a Federal(7) or State(8) judge, to create a vacancy and run for the vacant seat, in the case of ( ) § 4. Reason for Resigna- a change in party affiliation 9 or a contested election,(10) to serve a tion; Inclusion in Letter jail sentence on conviction of a of Resignation crime,(11) and, in the case of a Senator, to create a vacancy to be When a Member resigns as a filled by appointment by a State Representative, the basis of, or Governor.(12) reasons for, the Member’s resignation may or may not be included f in the Member’s letter of resigna- Service in the Armed Forces tion. In recent years, the general practice has been for a Member § 4.1 A Member resigned, stat- resigning from the House to in- ing in his letter to the Speak- clude in the Member’s letter of er his intention to serve in resignation the reasons for the the Armed Forces. Member’s termination of service (1) in the House. On Nov. 14, 1944, Speaker Among the reasons for which Sam Rayburn, of Texas, laid before the House a letter from a Members have resigned have been Member stating that he had sub- to serve in the Armed Forces,(1) to mitted to the Governor of his accept an appointment as a cabi- State his resignation as a Member net secretary or in another Execu- (2) of the House and that the reason tive branch position, to assume for the resignation was to serve in office as a Member of the Sen- the Armed Forces. ate,(3) to accept an appointment as a member of the United States OCTOBER 19, 1944. delegation to the United Na- tions,(4) or as an ambassador to 6. See § 4.7, infra. another nation,(5) to assume office 7. See § 4.8, infra. 8. See § 4.9, infra. 3. See § 3.9, supra. 9. See § 4.10, infra. 1. See § 4.1, infra. 10. See § 4.11, infra. 2. See § 4.2, infra. 11. See § 4.12, infra. 3. See §§ 4.3, 4.4, infra. 12. See §§ 4.13, 4.14, infra. 4. See § 4.5, infra. 1. 90 CONG. REC. 8163, 78th Cong. 2d 5. See § 4.6, infra. Sess.

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