THE BLOG
01/08/2015 10:02 am ET Updated Mar 10, 2015

My Member of Congress Resigned, Now What? (Part II)

In the wake of a guilty plea on felony tax charges, New York GOP Rep. Michael Grimm resigned from Congress effective Jan. 5 -- the day before the 114th Congress began.

Vacancies are common.

Though it is somewhat rare for a member to resign before his or her term even begins, resignations are not uncommon -- especially in New York, it seems. Roll Call notes that this recent resignation makes it six New York members who have vacated a seat in six years. As we wrote in 2012, "Members resign for a variety of reasons: some due to scandal, some for what they view as better gigs, some for health reasons."

The 113th Congress had eleven vacancies before it was over. Three seats were not filled until after the most recent midterm election, when Reps. Alma Adams, Dave Brat, and Donald Norcross were sworn in on November 4th, 2014. By running in the midterm rather than a special election, their districts were saved considerable expense. These three members also received a bump in seniority by starting work a full two months before others elected in the midterms, and earning the distinction of having served in the 113th Congress.

Special elections are expensive.

When a senator resigns, the governor of the represented state may immediately appoint a successor. For the House of Representatives, things are more complicated. The Constitution (Article I, Section 2, Clause 4) requires that representatives must be elected -- and provides for a special election to be called to fill the seat. Special elections can cost taxpayers anywhere from $300,000 to $3,000,000.

Activists in one California district even suggested that the retiring member should cover the costs of the special election herself, when former Rep Jane Harman resigned to become head of the Woodrow Wilson Center for International Scholars. (At the time, she was the third wealthiest member of Congress.)

Constituents are unrepresented in the House.

Given the extensive special election process, districts left behind when a member of Congress calls it quits are inevitably without representation for several months. Formally, the House Office of the Clerk takes over management of the office, where existing employees continue to work.

Staten Island Live reports that staff were in the office and answering phones in all three Grimm offices in what the local paper marked as "Day 1 without representation in Congress". (A citizen of Washington, DC, couldn't resist a dry note in the article's first comment: "Day 83,021 without representation"- citizens of Washington, D.C.")

While it is true that constituents of a vacant district have no voting representation in Congress, here's what they do get:

  • Constituent messages about policy to the vacant office are acknowledged. Staff can answer questions about the status of bills, but cannot offer explanations or positions.
  • Staff can continue to help out with casework -- so inquiries about Medicare, Social Security, immigration, etc., can still proceed on your behalf.
  • Staff can still help with tours or order flags that have been flown over the Capitol.

Constituents can still use POPVOX.

On POPVOX, we try to strike a balance for the constituents of vacant districts. Positions and comments are still registered in public bill reports, messages are delivered to the office, even though the input will not affect the decisions of a voting member.

In many ways, a transparent record of what constituents have to say on the issues is even more important in these cases. If no representative is in place to hear the opinions of the constituents, at least the local newspaper or the candidates vying to fill the seat can take note.

This post originally appeared on the POPVOX blog.