Matt Gaetz Might Not Be Allowed to Come Back to Congress Without Another Election, Even If He Wanted To

Members cannot withdraw their resignations from Congress, one expert told NOTUS.

Matt Gaetz
There’s an open question about whether Gaetz formally resigned from the next Congress. Nathan Howard/AP Photo

Matt Gaetz’s whirlwind week as Donald Trump’s attorney general nominee has come to a crashing halt, and he might not be able to just waltz back into Congress — even if he wanted to.

According to House precedents, a member’s resignation cannot be withdrawn unless there is a procedural problem in submitting the resignation, according to experts. That’s not the case for Gaetz: He successfully submitted his resignation from the current Congress on Nov. 13.

But there’s an open question about whether he formally resigned from the next Congress or if he would have to rerun in a special election to be able to come back next year. Gaetz’s letter to the speaker stated, “I do not intend to take the oath of office.”