January 5, 2023 GOP deadlocked over House speaker vote

Not even giving in to GOP hardliners on their "motion to vacate the chair" demand can get Rep. Kevin McCarthy the votes to become House speaker — at least not yet.

He seemed to agree Wednesday night to a main sticking point for some of the GOP hardliners — restoring an individual member's ability to force a vote on removing a House speaker. But in a vote Thursday afternoon, McCarthy still came up short.

There's reason for McCarthy to fear the "motion to vacate the chair."

The tactic was used by the House Freedom Caucus to frustrate and push out former House Speaker John Boehner.

Democrats, under former House Speaker Nancy Pelosi, changed the rules to make it more difficult to force a vote on vacating the chair. The Pelosi rules require a majority of either party to sign on before a vote can be taken. 

Now, GOP hardliners want a single member to be able to force a vote. Sensing it would be used to gum up the work of the House by the House Freedom Caucus, McCarthy had heretofore opposed changing the rules back, although he has now relented on that.

Why not just let a single member force a vote? Here's Rep. Dan Crenshaw, the Texas Republican, as quoted in a previous CNN story on the subject: “There’s a reason [the motion to vacate] already got debated. You can’t govern with a gun to your head and that is what they are asking for. It makes us highly unstable, and it lays out the potential too for Democrats to take advantage of this and create absolute chaos.” 

A lot of this is theoretical. A motion to vacate hasn't actually been tried since 1910 — and even then it was unsuccessful. The threat of a motion to vacate the chair did lead to Boehner's resignation in 2015.

The lack of literature on how exactly it would play out is telling. It's a rarely used and not-very-effective tool, but in the hands of these all-or-nothing hardliners, could lead to some frustrating moments for whoever becomes speaker.

GOP Rep. Scott Perry, who is opposing Rep. Kevin McCarthy for House speaker, said he will keep voting for Rep. Byron Donalds.

Asked if he would vote to adjourn at some point, he said, "I'm not going to discuss my votes," other than for Donalds. 

As he went back into Rep. Tom Emmer's office, Perry was asked if they could get to a deal today. He replied, "We're not even really talking about a deal."

Unlike Rep. Jim Jordan, who vehemently was publicly opposed to being speaker, a source close to Rep. Kevin Hern told CNN me that he wouldn't be opposed to being speaker if McCarthy couldn't get the votes. 

Hern, who is the head of the Republican Study Committee, has received a couple of anti-McCarthy protest votes in the eighth round of voting, but it unclear if he, or anyone, could earn a winning number of votes. 

Thursday’s speakership votes have so far gone the same way as the votes on Tuesday and Wednesday. Republican leader Kevin McCarthy is still struggling to find the support he needs to secure the speaker job.

Here are some of the scenes today from the standoff, both on the House floor and outside the chamber. For a full look at the week so far, check out this photo gallery of the stalemate.

House GOP leader Kevin McCarthy was defiant in the face of the stiff headwinds he is facing for his speakership bid, saying that he will continue to face opposition until he reaches a deal with his detractors. 

Asked why it’s been so hard for him, McCarthy said: “I think it’s great. If you think it’s so hard, when it comes, I want to see what you write.”

Asked by CNN at what point will he make a realization that the outcome won’t change, McCarthy said: “After I win.”

Some members are voting for Rep. Kevin Hern, chair of the Republican Study Committee.

He supports Rep. Kevin McCarthy but CNN has heard his name is picking up steam among conservatives.

It is unclear if he, or anyone, could earn a winning number of votes this round.

Members also recognize that no serious alternative is going to get into the race — or even make any behind the scenes moves to start mounting support for a bid — as long as McCarthy is still in it. 

GOP leader Kevin McCarthy appears to again suffer defeat in the eighth round of voting for House speaker as more than five Republicans opposed his nomination.

A group of hardline Republicans have so far derailed his bid to become House speaker — even after McCarthy reportedly proposed major concessions late Wednesday.

Why CNN says "appears to" suffer a defeat before the gavel goes down: Members-elect have the ability to change their votes before the vote is gaveled over. CNN is following along and tallying the voice votes as they happen, but it's important to be clear that anything could technically change before the vote ends. 

GOP Rep. Victoria Spartz, who voted for Rep. Kevin McCarthy initially but changed to vote present on Wednesday, said she voted present on the seventh ballot because the talks with the McCarthy opponents have not made progress. 

She said he needs to “move the needle” first.

More background: A majority of those present and voting is required to get the speakership, which is usually 218 lawmakers. But if enough people skip the vote or vote “present,” the number of votes required for a majority can drop.

House Speaker Nancy Pelosi was elected with 216 votes in 2021.

House lawmakers are now voting to elect a speaker for the eighth time. Republicans have nominated Rep. Kevin McCarthy, as well as Rep. Byron Donalds in opposition to McCarthy.

Democrats again nominated Rep. Hakeem Jeffries who they have stood united around across all votes.

McCarthy has failed to reach the majority needed to win the speakership on seven ballots.

In the last round of voting, the same group of Republicans still did not vote for McCarthy — 19 of them voted for Rep. Byron Donalds and Rep. Matt Gaetz voted for former President Donald Trump. One lawmaker voted present.