Resignations, Expulsions Cause Chaos for Narrow GOP Majority

Two resignations and two possible expulsions are intensifying chaos in the House and will trigger special elections in the narrowly divided chamber.

Varying state laws suggest the seats could be filled on different time frames that could alter the partisan distribution of seats in the House, where Republicans hold a 217-214 edge.

Rep. Eric Swalwell (D-Calif.) said April 13 he would resign from Congress, acknowledging “mistakes in judgment” while denying allegations of sexual assault that led him to suspend his campaign for governor over the weekend. The House Ethics Committee said earlier April 13 it had begun an investigation.

“I am aware of efforts to bring an immediate expulsion vote against me and other members,” Swalwell said in a statement. “Expelling anyone in Congress without due process, within days of an allegation being made, is wrong. But it’s also wrong for my constituents to have me distracted from my duties.”

Swalwell’s resignation announcement was quickly followed by one from Rep. Tony Gonzales (R-Texas), who said on X he would “file my retirement from office” on Tuesday, without specifying a departure date. Gonzales ended his reelection campaign last month and acknowledged an affair with a former aide who later died by suicide.

Some House members had called for a dual expulsion of Swalwell and Gonzales.

Others, including Reps. Nancy Mace (R-S.C.) and Nydia Velazquez (D-N.Y.), also called for the resignation or expulsion of Rep. Sheila Cherfilus-McCormick (D-Fla.), who’s going through a public ethics inquiry into allegations of stealing federal funds and violating campaign finance laws, and Rep. Cory Mills (R-Fla.), who faces accusations of violating campaign finance laws and engaging in sexual misconduct. They’ve denied wrongdoing.

The House has expelled just six members in its history, most recently George Santos (R-N.Y.) in December 2023. Most House members facing certain expulsion resigned ahead of a floor vote. The Constitution requires a two-thirds majority to oust a member of Congress.

Here’s a look at state laws governing House vacancies and special elections in California, Texas, and Florida.

California

Once Swalwell resigns, Gov. Gavin Newsom (D) has 14 days to schedule a special election to complete the remainder of the unexpired term.

The special general election would be held 126 to 140 days after the governor’s proclamation, or within 200 days if it or a first-round special primary can coincide with an existing election.

The governor isn’t required to call a special election when a vacancy occurs after the candidate filing deadline in an election year, as is the case here. Newsom may want an election because Swalwell’s 14th District east of San Francisco is safely Democratic and the Republican House majority is so narrow.

A special primary election would be held nine or 10 weeks before a special general election. All candidates of all political affiliations would appear on one ballot. A majority-vote winner would automatically win the seat; otherwise, the top two finishers regardless of political affiliation would compete in the special general election.

The election for a full two-year term will be held under a slightly different configuration of the district that California voters approved last year. Six Democrats, two Republicans and one independent qualified for the June 2 primary in the new 14th District.

Texas

Under Texas law, a special election generally must be held on the first uniform election date occurring on or after the 36th day after the date the election is ordered. The next uniform election date available for a special election is Nov. 3, the national election day.

Gov. Greg Abbott (R) also could declare an “emergency” special election held on an expedited basis. Abbott did this in 2018, when he scheduled a snap election to replace ex-Rep. Blake Farenthold (R), and again in 2022, when Republican Mayra Flores flipped the seat of ex-Rep. Filemon Vela (D).

Like in California, all candidates of all parties would appear on one special election ballot. If no one wins a majority of the vote, the top two finishers would compete in a runoff election weeks later.

Gonzales is leaving open Texas’ 23rd District, a Hispanic-majority area that runs from El Paso to San Antonio. It backed Donald Trump by 16 percentage points in the 2024 presidential election, up from a 7 point margin for Trump in 2020. Though the district tilts Republican, Democrats will have a shot at an upset in a special election if they continue a pattern of running ahead of expectations in ballots cast since Trump returned to the presidency.

The election for a full two-year term will be held under a slightly different configuration of the 23rd District, following a redraw of the state congressional map. Republican Brandon Herrera, a firearms manufacturer and YouTube personality known as “The AK Guy,” became the GOP nominee after Gonzales withdrew. The Democratic nominee is Katy Padilla Stout, a lawyer and former teacher.

Florida

Gov. Ron DeSantis (R) has discretion in setting dates for a special primary and a special general election. Unlike in California and Texas, the parties would select their nominees in separate primaries.

Cherfilus-McCormick represents Florida’s 20th District, an overwhelmingly Democratic area in parts of Broward and Palm Beach counties in south Florida.

Mills’ 7th District, which envelops all of Seminole County and part of Volusia County in north-central Florida, leans Republican but could be competitive in a special-election if the political environment continues to favor Democrats. The 7th District backed Trump by 12 points in the 2024 presidential election.

If Cherfilus-McCormick and Mills vacated their seats around the same time, DeSantis wouldn’t be required to schedule their special elections on the same date.

Florida Republican legislators will consider a redraw of the state’s congressional district map in a special session that begins next week. Any special elections would be held under current lines.