Can Matt Gaetz Make A House Comeback Next Year?

With former Rep. Matt Gaetz (R-FL) withdrawing from consideration to become President-elect Donald Trump‘s attorney general on Thursday, journalists immediately began to explore whether Gaetz could return to the House next year to serve the two-year term that he won in the November election.

Gaetz, a four-term congressman, resigned from Congress last week shortly after Trump nominated him to lead the Department of Justice. In his resignation letter that was read aloud by the House clerk, Gaetz indicated he did not intend to serve the fifth term voters had just given him by a 32-point margin.

.@RepMattGaetz resignation is read in the House of Representatives: "I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General in the Trump Administration." pic.twitter.com/8SpMffRYjJ

— CSPAN (@cspan) November 14, 2024

“I hereby resign, as the United States Representative for Florida’s First Congressional District, effective immediately, and I do not intend to take the oath of office for the same office in the 119th Congress to pursue the position of Attorney General in the Trump administration,” Gaetz wrote to the House speaker.

Sources told CNN that the way Gaetz worded his letter leaves room for him to be sworn in at the beginning of the next Congress, which starts in January. In a post to X, Fox News’ Chad Pergram similarly reported that his news outlet was told that the part of Gaetz’s letter about his future plans was not binding.

It appears a key element is Florida Governor Ron Desantis’ administration not setting up a special election to determine a successor to Gaetz. DeSantis said last week he instructed Secretary of State Cord Byrd to announce a schedule for special elections for seats held by Gaetz and other Trump picks, but Byrd has yet to do so.

Further strengthening the case for a comeback, CBS correspondent Scott MacFarlane reported on X that a House aide said: “Florida officials sent federally-required election certifications to the Clerk of the House confirming who was elected to serve during the 119th Congress. Matt Gaetz’s name was included in that list.”

It’s unclear whether Gaetz will try to retake his seat. DeSantis press secretary Jeremy Redfern said, “You’d have to ask Gaetz,” when asked if the governor expects Gaetz to vacate his seat next congress, according to the publication, Florida Politics. Since ending his bid for AG, Gaetz has not publicly shared any plans.

Would there be implications if Gaetz returns? Per MacFarlane’s source, Gaetz might get the last office available because the room lottery for incoming members is done. And, as noted by a Tallahassee lawyer who spoke to Bulwark reporter Marc Caputo, the House ethics report on Gaetz is “waiting for him if he goes back.”