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Update: House Nullifies Votes of Two GOP Reps. Who Skipped Swearing-In

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WASHINGTON (AP) -- House Republicans had to correct a first-week gaffe by nullifying the votes of two of their members that were cast before they were sworn in.

Democrats pounced on the mistake, saying Republicans violated the Constitution on their first day in the majority by allowing the pair to vote six times before they were sworn in.

The House voted 257-159 to nullify those votes cast by Pete Sessions of Texas, the party campaign chief, and Mike Fitzpatrick of Pennsylvania. Retracting their votes didn't affect any outcomes. The two were at a reception when others took the oath Wednesday. They were sworn in Thursday.

Democrat Anthony Weiner of New York said it also violated the Republicans' newly approved rule that legislation be made public three days before being put to a vote.

UPDATE:

From The Hill:

Weiner also made a parliamentary inquiry on whether members can be paid before they are sworn in, but the acting House Speaker said this question was not asked in a proper form.

Before the brief debate took place, Rep. James McGovern (D-Mass.) asked whether a non-sworn-in member can preside over a committee. The Acting Speaker said they could not, but H.Res. 26 ratifies their participation in any proceedings before they were sworn in. This issue is relevant because Rep. Pete Sessions (R-Texas), one of the members not properly sworn in, chaired portions of Thursday's House Rules Committee hearing on a rule for healthcare repeal legislation.

The measure invalidates the votes taken by the two members before they were sworn in. But otherwise, it would essentially treat Sessions and Rep. Mike Fitzpatrick (R-Pa.) as if they were sworn in on Jan. 5 with other members.

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