Questions on who can vote on DeLay Rule

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Several people have asked about who can vote on the DeLay Rule. Some Republican members are retiring or have been elected to the Senate. Since these rules apply prospectively to the 109th Congress, shouldn't newly-elected representatives vote on them, and not members of the 108th Congress who won't serve in the 109th? But how can that happen without them first being sworn in? I have heard only speculative answers on these questions, so if anyone has definitive answers please post them.

Until then, I am operating under the assumption that a member cannot vote until sworn in on January 3, 2005. As a practical matter, most members not returning to the House (i.e., Dunn and Nethercutt in WA) have said that they did not vote. But I also think it is never too early to put congressmen- and congresswomen-elect on the spot for where they would stand if they had to cast a vote on the DeLay Rule.