What Happens if There's No House Speaker?

The U.S. House of Representatives has no speaker following the failure of any candidate to win a majority of votes on the first day of the new Congress on Tuesday.

Republican Representative Kevin McCarthy couldn't secure a majority in three ballots as a minority within his own party opposed his election and the House agreed to adjourn for the day following the third round of voting.

The House will meet again at noon on Wednesday but it's not clear if McCarthy will be able to sway enough of his detractors. In the third round, 20 Republicans voted for Representative Jim Jordan and 202 for McCarthy, while all 212 Democrats voted for Representative Hakeem Jeffries.

Electing the speaker at the start of the new Congress is usually a formality and no speaker has failed to win on the first ballot since 1923. The lack of a speaker will affect the functioning of the House.

Members of the House are sworn in after the speaker is elected and with no speaker in the chair, the members of the 118th Congress have yet to take the oath of office.

The House has also not yet passed a rules package. The proposed rules package from the GOP was used as a means to make concessions to McCarthy's critics, but until a speaker is elected the rules will not receive a vote.

If a speaker is not elected by close of business on January 13, it will affect the ability of House committees to operate, according to guidance issued last week by the House's chief administrative officer (CAO) and obtained by Politico.

"Committees need to be aware that should a House Rules package not be adopted by end of business on January 13 no committee will be able to process payroll since the committee's authority for the new Congress is not yet confirmed," the memo said.

The situation would also affect House employees who are enrolled in the 10-year student loan forgiveness program. Committees would be unable to process student loan repayments.

Some House committees already have incoming Republican chairs but McCarthy has not yet named chairs for every committee. Those panels without chairs will be led by the most senior Republican member on the committee during the last Congress until a chair can be appointed.

If the situation persists beyond January 13, the House could also struggle to process legislation. If committees are not fully operational, they will not be able to properly review and amend legislation, potentially slowing down Republicans' agenda, including promised investigations in matters including COVID-19, China and the Biden administration.

In 1923, it took nine ballots across three days before a speaker was elected. The House will meet again on Wednesday for a fourth ballot and potentially more votes.

"Remember how they all said they have this secret candidate? Their secret candidate nominated me, so where do they go now?" McCarthy said on Tuesday, referring to the fact Jordan voted for him.

"This can't be about that you're going to leverage somebody for your own personal gain," McCarthy said.

"I'm staying until we win," he added. "It will eventually change."

Newsweek has asked the House's chief administrative officer for comment.