Electing the Speaker of the House of Representatives: Frequently Asked Questions
Released: 2018-11-26T00:00:00

Introduction

This report briefly poses and answers several frequently asked questions in relation to the floor proceedings used to elect a Speaker of the House. For a more detailed treatment of these election procedures, as well as data on elections of the Speaker in each Congress since 1913, see CRS Report RL30857, Speakers of the House: Elections, 1913-2017 . For a list of all Speakers of the House and their periods of service, as well as additional discussion of selection procedures, see CRS Report 97-780, The Speaker of the House: House Officer, Party Leader, and Representative .

When Does an Election for Speaker Occur?

Upon convening at the start of a new Congress, the House elects a Speaker by roll call vote. If a Speaker dies, resigns, or is removed during a Congress, the House elects a new Speaker at that time. In the most recent cases of an election held during the middle of a Congress, the practice has been to elect a new Speaker using the same process as at the start of a Congress.

Who Presides over the Proceedings to Elect a New Speaker?

When a Speaker is selected at the start of a new Congress, the Clerk of the House presides; the Clerk may also preside over an election to replace a Speaker who had died during a Congress. A sitting Speaker could preside over the election of his or her successor. However, under clause 8(b)(3) of House Rule I (adopted in the 108 th Congress), the Speaker must provide the Clerk a list of Members designated to act as Speaker pro tempore in the case of a vacancy in the office. It is possible that a Member on this list could preside over an election in the case of a vacancy during a Congress.

How Are the Party Nominees Selected?

In current practice, each House party caucus selects, prior to the floor vote, a candidate whose name is placed in nomination immediately before the vote.

Are Nominations Formally Made on the Floor?

Typically, the election commences with a Member from each party caucus placing in nomination the party's candidate for Speaker. Other names may also be placed in nomination on the floor.

In What Form Do Members Vote?

Since 1839, the election has been by roll-call vote, a quorum being present. Votes are cast v iva voce , meaning that each voting Member states aloud the surname of the candidate whom he or she favors for Speaker. The presiding officer appoints several Members as tellers, who tally the votes.

For Whom May a Member Vote?

Members are not required to vote for one of the candidates nominated by each major party (or even for some other candidate formally nominated on the floor); they may vote for any individual. Although the U.S. Constitution does not require the Speaker to be a Member of the House, all Speakers have been Members. However, some individuals not serving in the House have received votes.

How Many Votes Must a Candidate Receive to Be Elected Speaker?

The long-standing practice of the House is that electing a Speaker requires a numerical majority of the votes cast by Members "for a person by name." This does not mean that an individual must necessarily receive a majority (currently 218) of the full membership of the House, because some Members may not be present to vote (or may instead answer "present").

What Happens If No Member Receives Sufficient Votes?

If no candidate receives the requisite majority of votes cast, the roll call is repeated. No restrictions are imposed on who may receive votes in the subsequent ballots. (For instance, no candidate is eliminated based on receiving the fewest votes in the floor election, and a Member's vote is not limited to individuals who received votes in previous ballots. )