Can a non-member of Congress be speaker of the House? (2024)

By Kathryn Watson

/ CBS News

As Republicans in the House of Representatives debate who should lead the lower chamber, it's notable that the House speaker — who is second in line for the presidency — doesn't have to be a member of Congress.

The House has never been led by a non-member in its 234 years of existence, according to the Congressional Research Service, and experts say a non-member speaker is still unlikely. But it is possible.

The House is currently without a speaker after Kevin McCarthy was removed from the position in a vote on Tuesday, the first time in history a speaker has been removed via a no-confidence vote. Rep. Patrick McHenry, a close ally of McCarthy's, has been named speaker pro tempore, while Reps. Steve Scalise and Jim Jordan have both announced they are running to be the next speaker.

The Constitution has very few requirements to be House speaker. The person must be nominated by a member of the House, then chosen by a majority of the full membership of the House. For a House with 435 members, that's 218 votes, although there are two vacancies right now.

"The House of Representatives shall chuse their speaker and other officers," the Constitution reads.

Could Trump actually become speaker of the House?

The far-right GOP Rep. Troy Nehls of Texas announced this week that he would nominate Trump to be speaker. The former president hasn't ruled out the idea, and Trump received some placatory nominations in the speaker's election in January.

But the Republican conference's rules for the 118th Congress suggest Trump could be ineligible to serve as speaker. At the beginning of the year, House Republicans adopted a set of rules including Rule 26, which says a member of leadership who has been indicted for a felony that could carry a sentence of two or more years in prison "shall" vacate their position. Trump faces 91 felony chargesacross his four criminal state and federal court cases.

"A member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed," the Republican conference rules for the 118th Congress state.

But internally adopted rules can be changed, or ignored, and the Republican conference could do so if they choose.

"A lot of people have been calling me about speaker," Trump said Wednesday morning outside a New York City courthouse for the New York attorney general'scivil fraud trial against him. "All I can say is we will do whatever is best for the country and other Republican Party and people."

Trump also told Fox News Digital that he has been asked if he would "take it for a short period of time," and said he "will do it if necessary."

In the summer of 2021, Democratic Rep. Brendon Boyle introduced a bill that would have allowed only House members to serve as speaker. At the time, Trump called the idea that he might try to become speaker "so interesting." The bill did not become law.

What names have been floated to be the new House speaker?

Although more House Republicans are likely to jump into the race to replace McCarthy, House Majority Whip Steve Scalise and Rep. Jim Jordan are the ones who have formally announced their candidacies.

For now, House Financial Services Committee Chairman Rep. Patrick McHenry is serving as speaker pro tempore, a temporary position with limited power that does not appear to allow legislation to pass the lower chamber.

"The House is largely paralyzed at this point," Republican Rep. Garrett Graves told CBS News on Wednesday.

Kathryn Watson

Can a non-member of Congress be speaker of the House? (1)

Kathryn Watson is a politics reporter for CBS News Digital based in Washington, D.C.

Can a non-member of Congress be speaker of the House? (2024)

FAQs

Can a non-member of Congress be speaker of the House? ›

The Constitution does not explicitly require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been, and as a member the speaker also represents their district and retains the right to vote.

Does the speaker of the house have to be from the majority party? ›

Both of the major political parties nominate one candidate for the position of Speaker. The candidate from the majority party usually wins.

How many votes are needed to become a speaker of the house? ›

How many votes are needed to win the election for House speaker? The magic number is usually 218, a simple majority of the 435 members in the House. In the 118th Congress, however, it's currently 217.

How is the Speaker of the House formally selected? ›

Under the modern practice, the Speaker is elected by a majority of Members-elect voting by surname, a quorum being present.

Who is the next speaker of The House? ›

Congressman Mike Johnson (LA-04) is elected Speaker of the House. On October 25, 2023, Congressman Mike Johnson (LA-04) was elected as the Speaker of the House. As a Congressman, Speaker Johnson represents the northwest and western regions of Louisiana.

Can the minority leader become a Speaker of the House? ›

The minority leader, like the majority leader, is elected during secret balloting of the party during its caucus or conference and is the minority party's nominee for Speaker of the House.

What happens if there is no Speaker of the House of Representatives? ›

Committees can probably continue holding hearings and votes without a speaker. But if they move legislation, there's no one to bring it to the floor. The speaker is also second in the line for president after the vice president. A temporary speaker does not fall in the line of succession, scholars say.

Can anyone be a Speaker of the House? ›

Eligibility of non-members

While every speaker of the House has been a sitting House member, Article I, Section II, Clause 5, of the U.S. Constitution, concerning the choosing of a speaker, does not explicitly state House membership as a requirement.

How long is the Speaker of the House term? ›

The House elects a new speaker by roll call vote when it first convenes after a general election for its two-year term, or when a speaker dies, resigns or is removed from the position intra-term. A majority of votes cast (as opposed to a majority of the full membership of the House) is necessary to elect a speaker.

Was the Speaker of the House fired? ›

While other speakers throughout history have stepped down after losing the support of their party, McCarthy is the first to be ousted through a vote of the full House in the middle of a congressional term.

How much does Speaker of the House earn? ›

Leadership and other positions
PositionSalary
President pro tempore of the Senate$193,400
Majority leader and minority leader of the Senate$193,400
Majority leader and minority leader of the House of Representatives$193,400
Speaker of the House of Representatives$223,500
3 more rows

Can an indicted person be a Speaker of the House? ›

The constitution says only, “The House of Representatives shall choose their Speaker and other Officers.” The GOP conference, however, has a rule saying no one indicted for a felony punishable by more than two years in prison can serve in leadership.

What happened to the last Speaker of the House? ›

On October 3, 2023, the United States House of Representatives voted to remove its speaker, Kevin McCarthy of California, through a motion to vacate filed by Representative Matt Gaetz of Florida, a fellow member of the Republican Party.

Who is the new speaker of the House for Joe Biden? ›

chose to be speaker -- it happens to be Speaker Johnson -- and he wants to deliver for the American people,” White House press secretary Karine Jean-Pierre said shortly after Johnson's elevation to the speakership. “That is something that the president has said himself over the last couple of weeks.”

Who was the youngest speaker of the House? ›

After the vote Ryan delivered his first remarks as speaker-elect and was sworn in by John Conyers, the dean of the House, becoming, at age 45, the youngest person elected as speaker since James G. Blaine (age 39) in 1869.

Who is the new Republican speaker of the House? ›

Mike Johnson was elected as House speaker after three other candidates were unable to secure enough votes. Mike Johnson, a relatively lesser-known Republican from Louisiana, has taken the gavel as the new speaker of the US House of Representatives, ending three weeks of political chaos.

What is the difference between the Speaker of the House and the majority leader? ›

The majority leader in the contemporary House is second-in-command behind the Speaker of the majority party. Typically, the majority leader functions as the Speaker's chief lieutenant or “field commander” for day-to-day management of the floor.

What is a majority minority leader? ›

Depending on which party is in power, one party leader serves as majority leader and the other as minority leader. Both party leaders, also called floor leaders, serve as the spokesperson for their party's positions on the issues and coordinate their respective legislative strategies.

Who is the minority leader of the House of Representatives? ›

Hakeem S. Jeffries. Elected by the Democratic Caucus, the Minority Leader directs the party's legislative strategies and operations and serves as a spokesperson for the minority party.

Who is the majority whip in the House? ›

About Majority Whip Tom Emmer

Congressman Tom Emmer joined the U.S. House of Representatives on January 6, 2015 and currently represents (MN-06). Tom was recently elected by his fellow Republican colleagues to serve as Majority Whip entering the 118th Congress.

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