House expels GOP Rep. George Santos over ethics violations

Rep. George Santos leaves the US Capitol after the House voted to expel him from Congress on December 1.

With the vote Friday in the House of Representatives to expel New York GOP Rep. George Santos from the chamber, these are the next steps expected to take place in Congress and New York state:

In Congress: According to a former House parliamentarian, an expulsion is handled the same as a vacancy, including death or resignation. The House Clerk assumes control of the office and makes decisions on behalf of that office. It will decide how Santos’ office is cleared out, among other steps. His district office remains intact for constituent needs. 

Special election looms in New York: The House Clerk informs the governor of New York that there is now a vacancy in the third district of New York. It is then up to Gov. Kathy Hochul to schedule a special election to replace him. New York State law stipulates that the governor make a proclamation of a special election within 10 days, with an election occurring “not less than seventy nor more than eighty days” following the proclamation. Hochul, a Democrat, said Friday she is prepared to fill the vacancy and slammed Santos, saying “he has not served” the people of New York. Read more about the race for Santos’ seat here.

However: There is some fungibility. Following the resignation of GOP Rep. Tom Reed, neither the 10-day nor the 70- to 80-day parameters were followed in scheduling a special election. Additionally, the House – and New York – are expecting a second House vacancy with the upcoming resignation of Democratic Rep. Brian Higgins, who announced he would step down in February, and Hochul could opt to pair those special elections.

Santos retains certain privileges: Unlike previous modern-day expulsions – of Democrat Michael Myers in 1980 and Democrat Jim Traficant in 2002 – Santos has not been convicted of a felony. House rules stipulate that until there is a conviction, Santos retains some privileges as a now-former member of Congress, including access to the House floor, dining room, gym and cloakroom but not security.

The expulsion resolution could have stripped Santos of those privileges, but there is no clause in the motion to do that. Both Traficant’s and Myer’s privileges were stripped immediately following the expulsion vote because they had been convicted of their crimes. 

But that could change: The House makes rules changes all the time regarding privileges for former members. Privileges were stripped for former members during the Covid-19 pandemic, and floor privileges are usually restricted for former members for the State of the Union address. Should Santos 1) be expelled; and 2) continue to exercise the privileges as a former member, it’s expected a rules change would come to address that issue.

Remember: Apart from the Ethics Committee investigation, Santos has also pleaded not guilty to 23 federal charges, including allegations of fraud related to Covid-19 unemployment benefits, misusing campaign funds and lying about his personal finances on House disclosure reports.

The sign in front of now-former Rep. George Santos' office is taken down on December 1.

The sign in front of now-former GOP Rep. George Santos’ office in the House of Representative is down and has been replaced with a sign that reads “Office of the Third Congressional District of New York.”

The process of picking a nominee for the special election to replace George Santos, which is expected to be held some time in February, has already begun – and should be completed within the week, Mike Deery, the spokesperson for the Nassau County, New York, Republican Party, said.

Believed to be the favorites among the GOP hopefuls are State Sen. Jack Martins, Nassau County lawmaker Mazi Pilip, war veteran Kellen Curry and retired police officer Mike Sapraicone.

Deery said the group will speak with those four and others, with more than 20 people likely to be granted an interview.

On the Democratic side, multiple sources told CNN that former Rep. Tom Suozzi is expected to be the choice of Long Island Democrats. But he’s no shoo-in, New York state Democratic Party chair Jay Jacobs told CNN. The decision, according to the bylaws of the state party, is to be made by a committee of the county chairs in the district with the open seat. In this case, those people are Jacobs, who also runs the party in Nassau County, and Rep. Gregory Meeks, the Queens county party leader.

Jacobs said that they will also consult with New York Democratic Gov. Kathy Hochul and House Minority Leader Hakeem Jeffries, a Brooklyn Democrat.

“We are having informal screenings over the next couple of days starting today and then I have asked our executive committee of the county committee here in Nassau to give me their advice,” Jacobs said. “It’s going to be a decision that comes from a consensus. It is not going to be something that I think is going to be contentious in any fashion.”

Jacobs did acknowledge that Suozzi’s decision to challenge Hochul in 2022 did not sit well with some powerful Democrats – himself included.

“That is certainly not something that is a plus for me,” Jacobs said of thought process regarding Suozzi. “I happen to be friends with Tom, but I was very clear I didn’t want him running against the governor. And there were things in the campaign that I took issue with, publicly, that I didn’t agree with.”

He added, “That said, it’s not a disqualifier by any means as far as I’m concerned.”

Governor Kathy Hochul speaks during media availability after roundtable on hate and bias crimes with law enforcement at Governor's office on November 13, in New York.

New York Democratic Gov. Kathy Hochul said Friday she is prepared to fill the vacancy left in the wake of the expulsion of George Santos from the House, in a post on X, the social media platform formerly known as Twitter. 

New York State law stipulates that the governor make a proclamation of a special election within 10 days, with an election occurring “not less than seventy nor more than eighty days” following the proclamation.

Speaking to CNN affiliate NY1, Hochul said, “I’m glad he’s gone.”

“When you look at his lack of ethics and the fact that, you know, he has not served the people of our state, particularly New York 3 where he resides, it’s been an abysmal run for him,” Hochul said Friday.

“And George Santos just took up space,” the governor said.

This post has been updated with additional comments from Gov. Hochul.

Rep. Michael Guest arrives for the House Republicans' caucus meeting at the Capitol Hill Club in Washington on May 23.

GOP House Ethics Chair Michael Guest defended his panel’s report on George Santos, and his own vote to expel the former congressman from New York, against criticism from his GOP colleagues that ousting a member without a conviction sets a dangerous precedent.

He said that he is not concerned that this could lead to other members being expelled without due process. 

“We submitted a very thorough report, 50-plus pages. I’ve got about six binders of exhibits that accompany that. And the report was overwhelming and it was substantially damning. And so I’m not concerned with this sets some future precedent that members will be willy-nilly removed from Congress because of a behavior that people do not accept,” Guest said. 

“I believe this is the exception to the rule. And I believe that probably within the last several decades that this is by far the worst corruption that we’ve seen where an individual member has not chosen to resign and not force Congress to hold the expulsion,” he told CNN.

Guest added that he doesn’t expect the ethics committee to recommend expulsion more often, now that Santos has been ousted. “No one on the ethics committee goes and serves on that committee seeking to expel their fellow members of Congress. But again, this was so extreme. And look, if this case did not merit expulsion, then there would be no case that I would know of that would merit expulsion, short of a conviction,” he said.

“I don’t believe that you’re going to see the ethics committee is going to be this watchdog is going to come in and be seeking to remove members of Congress. But I do think that even in light of the precedent that this case is on itself, so bad on his face, that the punishment that was handed down today was merited,” the lawmaker said.

A total of 311 members of the House voted to expel New York GOP Rep. George Santos, including 105 Republicans. In total, 114 House members voted against the expulsion, with two members recording themselves as “present.”

All four top House GOP leaders — House Speaker Mike Johnson, House Majority Leader Steve Scalise, House GOP Conference Chair Elise Stefanik and House GOP Whip Tom Emmer — voted to keep Santos in Congress.

In total, 112 Republicans voted against expelling Santos.

A total of 206 Democrats voted to expel Santos. Two Democrats voted against expelling Santos from the House. They were Bobby Scott of Virginia and Nikema Williams of Georgia. Meanwhile, these two Democrats voted present: Jonathan Jackson of Illinois and Al Green of Texas.

See how each House member voted on Santos.

After New York GOP Rep. George Santos was expelled from the House, here’s what Republicans are telling CNN about the vote — and the future of his seat:

GOP Rep. Byron Donalds: “I’m upset about it, because you’re talking about erasing the very fabric of what’s made us the greatest nation in the world. And it’s not the actions of George Santos. It’s the fact that everybody is afforded their day in court. And that was denied to him his day in court today. He lost his job,” the lawmaker from Florida told CNN “Are we going to not tell every American that if you’re accused of something you get fired on the spot? Is that not going to be the standard in the United States of America?”

“If that’s going to be the standard in America going forward I shudder for the future of our country. That should not be the standard,” he said, adding that the ethics committee’s report alone should not be enough to expel any member.

GOP Rep. Anthony D’Esposito: “There was a precedent set for someone like George Santos. The people in the Civil War were not George Santos, others that were removed from Congress were not George Santos, and I hope we don’t have to do it again,” the lawmaker from New York said.

D’Esposito also expressed confidence that the GOP will be able to keep Santos’ seat “because we are on the right side of every issue and we have great leadership.”

GOP Rep. Marc Molinaro: “What we have established is a precedent that when you fall far short of an ethical standard, we don’t believe that you should be a member of Congress. And I think quite frankly, that should be reassuring and gratifying to the American people,” the New York lawmaker told CNN.

GOP Rep. Mike Lawler: “I fundamentally believe he’s unfit to serve in public office, whether he’s dog catcher in his local community or here in the halls of Congress,” the representative from New York said. “I think the voters were defrauded in New York’s 3rd Congressional District. Donors were clearly defrauded. He used campaign funds for personal gain. And ultimately, the ethics report was pretty damning, and pretty clear and comprehensive.”

GOP Rep. Carlos Gimenez: “I think that the evidence is pretty overwhelming that he stole money from his contributors, and to me that’s one of the cardinal sins of public service. And you don’t deserve to be a public servant if you’re stealing money from your constituents,” the lawmaker from Florida said, adding that Republicans are ready to defend Santos’ seat in the upcoming special election to replace him.

Wasting no time, the House Democratic super PAC announced plans to spend big to pick up GOP Rep. George Santos’ seat. 

“House Majority PAC plans to play a significant role in the NY-03 special election, and we will do whatever it takes to flip this district blue,” House Majority PAC President Mike Smith said.

Rep. Max Miller leaves a meeting of the House Republican Conference at the Capitol Hill Club on February 28.

Rep. Max Miller, a GOP freshman from Ohio, accused Rep. George Santos of stealing money from him and his mother, and attacked Speaker Mike Johnson for opposing Santos’ expulsion. 

“I think leadership — this is just another example of Republicans who can’t lead. And that’s a really shameful. You know, the speaker and everyone in leadership knows that this man is a crook,” Miller said. 

He accused the New York Republican of using his and his mother’s credit card information to steal $5,000 from each of them, and marking them as an over donation.

“In January, I got an FEC Complaint because of an over donation to George Santos, and I’ll explain why. I’m Jewish, my family’s Jewish and they were donors and they like to give money to people who are Jewish, who are Republicans, because that’s who we are,” he said. 

“And Mr. Santos took, not only my credit card personally, he took my mother’s credit card personally and he swiped them both for an additional $5,000, marking it as an over donation. And I have it by the FEC, and I have the document in my office. And what I can tell you is within that document — I won’t disclose any other names — but he defrauded over 350 people for hundreds of 1000s of dollars under undisclosed amounts, and I had to hire an attorney to fight it by the FEC that I think cost me 15 or $20,000. Altogether, this man has cost my family $30,000.” 

Santos’ office did not respond to a CNN request for comment on the allegation and CNN has reached out to Johnson’s office for comment.

Rep. George Santos leaves the U.S. Capitol after the House voted to expel him from Congress on December 1, in Washington, DC.

GOP Rep. George Santos has become the sixth member to be expelled from the US House, and is the first member to be ousted in more than two decades.

Of the only five members who have been expelled previously, three were expelled for fighting for the Confederacy during the Civil War.

Santos – the New York Republican with problems telling the truth and who is under federal indictment for fraud, money laundering, theft and stealing donors’ identities – becomes just the third federally elected lawmaker since the Civil War to be kicked out of the House by his peers.

The only other expelled representatives since the Civil War had already been found guilty in federal court and still refused to resign.

Michael “Ozzie” Myers, a Pennsylvania Democrat, was expelled from the House in 1980 after he was convicted as part of an infamous FBI investigation known as ABSCAM, in which he and other lawmakers were caught up in a sting operation taking bribes to help a fictional Arab sheikh.

Most of the other lawmakers embroiled in ABSCAM ultimately resigned. Myers was expelled in the time between his conviction and his sentencing in 1980.

He’s actually back in jail at the moment; Myers, now 80, was sentenced to 30 months in prison last year for taking bribes in a ballot-stuffing scheme in Democratic primaries dating back to 2014.

The other House member to be expelled since the Civil War, James Traficant Jr., an Ohio Democrat, was removed from office after being convicted in a bribery and racketeering scandal in 2002. Traficant tried to mount an independent campaign for his seat from his prison cell, but it did not go well. He died in 2014 after a tractor accident on a family farm.

Read more about this here.

Two Democrats voted against expelling GOP Rep. George Santos from the House.

They were Bobby Scott of Virginia and Nikema Williams of Georgia. Meanwhile, two Democrats voted present: Jonathan Jackson of Illinois and Al Green of Texas.

A full breakdown of the vote from the House Clerk office can be found here.

Rep. George Santos is surrounded by journalists as he leaves the U.S. Capitol after his fellow members of Congress voted to expel him from the House of Representatives on December 1, in Washington, DC.

GOP Rep. George Santos told CNN after the House voted to expel him that “it’s over.”

“The House spoke, that’s their vote. They just set new dangerous precedent for themselves,” he added.

Pressed if he knew this was how it was going to go, Santos said, “I had no skin in the game.” 

And then he said, “You know what? As unofficially no longer a member of Congress, I no longer have to answer your questions.”

Rep. George Santos and members of his staff board an elevator as they head for the U.S. Capitol ahead of a vote to expel him from the House of Representatives on December 1, in Washington, DC.

The House has voted to expel New York Republican Rep. George Santos over ethics violations, making him only the sixth lawmaker ever to be kicked out of the chamber.

The resolution required a two-thirds majority vote to succeed. House Speaker Mike Johnson announced that 311 members of the House voted to expel Santos, which included 105 Republicans. Another 114 voted against the expulsion, with two members recording them selves “present.”

All four top House GOP leaders, including Johnson, voted to keep Santos in Congress.

Santos is the first member of Congress to be expelled since the Civil War who wasn’t first convicted of a felony. 

What happens next: According to a former House parliamentarian, an expulsion is administratively handled the same way as a vacancy, including death or resignation. The House clerk assumes control of the office and makes decisions on behalf of that office. They will decide how Santos’ office is cleared out, among other steps. His district office remains intact for constituent needs. 

The chamber’s clerk will inform the governor of New York that there is now a vacancy in the third district of New York. It is then up to Democratic Gov. Kathy Hochul to schedule a special election to replace him.

The House is voting to expel New York Republican Rep. George Santos over ethics violations.

The gavel has not been brought down, but it appears there are enough votes to oust him.

The House is voting now on a resolution that would expel New York Republican Rep. George Santos from the chamber.

Expulsion is the most severe form of punishment for a lawmaker in the House, and only five members have ever been expelled. It requires a two-thirds majority vote to succeed – a high bar to clear.

The vote is expected to be close and it’s not yet clear if the votes will be there to expel. 

What happens if he’s ousted: According to a former House parliamentarian, an expulsion is administratively handled the same way as a vacancy, including death or resignation. The Clerk assumes control of the office and makes decisions on behalf of that office. They will decide how Santos’ office is cleared out, among other steps. His district office remains intact for constituent needs. 

The chamber’s clerk will inform the governor of New York that there is now a vacancy in the third district of New York. It is then up to Democratic Gov. Kathy Hochul to schedule a special election to replace him.

Rep. Mike Lawler walks to a House Republican Conference meeting on Capitol Hill on October 16, in Washington, DC.

Rep. Mike Lawler, a GOP freshman from New York who has long supported ousting GOP Rep. George Santos, accused him of defrauding his constituents and defended his decision to vote to expel him.

He continued, “And so, you know, from my perspective, I think the chair of the ethics committee laid out a very compelling case yesterday on the House floor, and any member who watched it, listen to it, read the documents has more than enough information to act.”

GOP Rep. Tim Burchett from Tennessee pushed back on Lawler’s condemnation of Santos. “We’re a bunch of sinners,” he said.

Pressed on Speaker Mike Johnson’s opposition to expulsion, and how that could affect the outcome, Lawler replied, “Every member is going to have their perspective. The speaker is a constitutional attorney, that’s his perspective on it.”

He added, “It’s his perspective, but I think ultimately, my hope is there’s enough votes to move forward.”

GOP Rep. George Santos was seen sitting alone in the very final row of the House chamber with his overcoat in tow ahead of a vote on his expulsion.

As he entered the chamber, he told CNN he had “no final words.”

Florida GOP Rep. Anna Paulina Luna spoke to him briefly from the aisle and Tennessee GOP Rep. Tim Burchett gave him a fist bump, but other than that he was largely ignored.

Later on, GOP Rep. Thomas Massie sat next to Santos in the very back of the chamber and then walked away.

The House chaplain engaged in a conversation with Santos moments ago, he could be seen nodding along but didn’t say much to her. 

GOP Rep. Mark Alford spoke briefly to Santos, and GOP Rep. Michael Thomas McCaul  also walked up to him for a quick conversation. 

The energy in the chamber is high as members are just moments away from finding out what will happen to their embattled colleague. 

Rep. George Santos is interviewed by FOX News in the rotunda of the Cannon House Office Building before a vote to expel him from the House of Representatives on December 1, in Washington, DC.

The House is expected to vote soon on a motion that would expel New York Republican Rep. George Santos from the chamber.

Expulsion is the most severe form of punishment for a lawmaker in the House, and only five members have ever been expelled from the chamber. It requires a two-thirds majority vote to succeed – a high bar to clear.

The process: Members debated the resolution on the floor on Thursday, and they are expected to move straight to the vote Friday. An expulsion vote is not like a censure in that the member is not admonished by the chamber or shamed as they are with censure. 

What is next: According to a former House parliamentarian, an expulsion is administratively handled the same way as a vacancy, including death or resignation. The House clerk assumes control of the office and makes decisions on behalf of that office. They will decide how Santos’ office is cleared out, among other steps. His district office remains intact for constituent needs. 

However, unlike previous modern day expulsions – Democrat Michael Myers in 1980 and Democrat Jim Traficant in 2002 – Santos has not been convicted of a felony. House Rules stipulate that “a former member…shall not be entitled to the privilege of admission to the Hall of the House and rooms leading thereto if such individual…has been convicted by a court of record for the commission of a crime in relation to that individual’s election to, or service to, the House.” Until there is a conviction, Santos retains the privileges as a now-former member of Congress. That includes access to the House floor, dining room, gym and cloakroom but not security.

The expulsion resolution could have stripped Santos of those privileges ahead of his conviction, but there is no clause in the motion to do that. Both Traficant’s and Myers’ privileges were stripped immediately following the expulsion vote because they had previously been convicted of their crimes. 

But that also could change: The House makes rules changes all the time regarding privileges for former members. Privileges were stripped for former members during Covid-19, and floor privileges are usually restricted for former members for the State of the Union address. Should Santos 1) be expelled; and 2) continue to exercise the privileges as a former member, we expect that a rules change would come to address that issue. 

Remember: Apart from the Ethics Committee investigation, Santos has also pleaded not guilty to 23 federal charges, including allegations of fraud related to Covid-19 unemployment benefits, misusing campaign funds and lying about his personal finances on House disclosure reports.

The math: Reminder, it takes two-thirds majority for the expulsion resolution to succeed, 290. Assuming all Democrats support it, would need around 77 Republicans to join. 24 Republicans already supported it last time. So 53 new Republicans need to sign on; 20 already have.

What happens in New York: The House clerk will inform the governor of New York that there is now a vacancy in the third district of New York. It is then up to Democratic Gov. Kathy Hochul to schedule a special election to replace him. New York State law stipulates that the governor make a proclamation of a special election within ten days, with an election occurring “not less than seventy nor more than eighty days” following the proclamation. There is some fungibility, however.

House GOP Whip Tom Emmer will also oppose Rep. George Santos’ expulsion, according to a source familiar.

That means all top four GOP leaders – House Speaker Mike Johnson, House Majority Leader Steve Scalise, House GOP Conference Chair Elise Stefanik and Emmer – all oppose expelling Santos.

House Ethics Committee Chair Michael Guest defended the panel’s decision to expedite the investigation, as some of his fellow Republicans express concern over how it was handled. 

“If you look at the number of interviews with requests for information, subpoenas issues, the documents, if you were there in the hearing, just the number of exhibits to the report itself — the report is 50 plus pages and there’s half a dozen binders of exhibits that go along with that.” 

He also defended his own decision to vote to expel Santos, despite the New York lawmaker not being convicted of any crime.

“We follow the Constitution. The Constitution does not require conviction, the Constitution gives each body the ability to discipline their own members. I think the conduct of Mr. Santos is so egregious that members should consider expulsion. And that’s how I’ll be voting today.”

Guest added that he did not know whether they had the votes to expel Santos. “I have no idea,” he said. 

What other Republicans are saying: GOP Rep. Marc Molinaro, who has been calling for Santos’ expulsion for months, was also unsure if Santos will be expelled.

“It’s going to be tight,” he said. “I’m just hopeful that my colleagues see through any distraction and understand how important it is to establish the standard, and to allow us to move — allow the voters in that district going forward.” 

Pressed on whether he is confident they have the votes, Molinaro would only say, “I’m confident we’re closing in.” 

GOP Rep. Tim Burchett noted that support for Santos’s survival is growing.

“Yesterday I said no he isn’t, but today the momentum seems to be changing,” he said. “I think people are on the fence, they wait for folks like myself and others to see where we’re gonna land and you know there is security in numbers.” 

GOP Rep. Darrell Issa sounded like he is leaning against voting to expel Santos, arguing that it sets a dangerous precedent for the House.