Under Constitutional law, it is not explicitly stated that the Speaker be required to already be a member of the House of Representatives. However, history has proven that each Speaker elected has been a member, thus setting a precedent for subsequent elections that have not been codified into law. Members of the House will typically vote for the nominee for their respective party, but their vote can be placed for any of the nominees to be considered.
A majority vote is required by the Constitution’s provisions, however, less than a majority vote can be needed to elect a new Speaker because of absentee Members of the House placing a vote as “present.” If there is no candidate receiving a majority vote, the election process will be repeated until a Speaker is elected.
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Speaker of the House 2022