It's far from certain that House Minority Leader Kevin McCarthy, R-Calif., will become the next speaker of the House after murmurs from within his party.
Fox News Congressional correspondent Chad Pergram discusses the release of Trump’s tax returns by the House ways and means committee on ‘Hannity.’"Opening day" in Congress is always full of pageantry. Lawmakers pour into the Capitol with their families from all over the country. Toddlers and kids run up and down the aisles. Freshmen bringto Capitol Hill. They pack their offices with constituents, supporters and families, serving punch and local delicacies from back home.
The first thing the House must do is take attendance. All members elected in November are asked to come to the chamber and record their presence. The House starts at 434 members: 222 Republicans to 212 Democrats. There is one vacancy: the late Rep. Donald McEachin, D-Va., died just after the election. REPORTER'S NOTEBOOK: SANTOS ADDS BAGGAGE TO GOP'S HOUSE MAJORITY TAKEOFF
The vote is of the highest order at that moment in the House. The House then begins with the Reading Clerk alphabetically calling the roll of each name. Members respond verbally with their pick for speaker. The winner is the candidate who receives an outright majority of the House by those who voted for someone by name. In other words, if all 434 members vote for someone by name, the magic number is 218. But there are at least five known opponents of McCarthy.
But the complicating factor is that the"magic number" for speaker is unknown until the first tally is complete. We then know the total number of ballots cast for someone by name. Things could get chaotic if. The House will find itself in a posture not seen in 100 years. There’s not a lot of precedent as to how things should unfold in the House.
However, it’s possible the House could eventually elect a speaker without an outright majority of those casting ballots by name. In both the elections of Howell Cobb in 1849 and Nathaniel Banks in 1856, the repeated voting wore members down. For both Cobb and Banks, the House adopted a resolution that then allowed it to pick a speaker with a simple majority. In other words, the resolution said that the winner simply secured the most votes.
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