Can a non-member of Congress be speaker of the House?

As Republicans in the House of Representatives debate who should lead the lower chamber, it's notable that the House speaker — who is second in line for the presidency — doesn't have to be a member of Congress. 

The House has never been led by a non-member in its 234 years of existence, according to the Congressional Research Service, and experts say a non-member speaker is still unlikely. But it is possible. 

The House is currently without a speaker after Kevin McCarthy was removed from the position in a vote on Tuesday, the first time in history a speaker has been removed via a no-confidence vote. Rep. Patrick McHenry, a close ally of McCarthy's, has been named speaker pro tempore, while Reps. Steve Scalise and Jim Jordan have both announced they are running to be the next speaker. 

The Constitution has very few requirements to be House speaker. The person must be nominated by a member of the House, then chosen by a majority of the full membership of the House. For a House with 435 members, that's 218 votes, although there are two vacancies right now. 

"The House of Representatives shall chuse their speaker and other officers," the Constitution reads. 

Could Trump actually become speaker of the House?

The far-right GOP Rep. Troy Nehls of Texas announced this week that he would nominate Trump to be speaker. The former president hasn't ruled out the idea, and Trump received some placatory nominations in the speaker's election in January. 

But the Republican conference's rules for the 118th Congress suggest Trump could be ineligible to serve as speaker. At the beginning of the year, House Republicans adopted a set of rules including Rule 26, which says a member of leadership who has been indicted for a felony that could carry a sentence of two or more years in prison "shall" vacate their position. Trump faces 91 felony charges across his four criminal state and federal court cases. 

"A member of the Republican Leadership shall step aside if indicted for a felony for which a sentence of two or more years imprisonment may be imposed," the Republican conference rules for the 118th Congress state. 

But internally adopted rules can be changed, or ignored, and the Republican conference could do so if they choose. 

"A lot of people have been calling me about speaker," Trump said Wednesday morning outside a New York City courthouse for the New York attorney general's civil fraud trial against him. "All I can say is we will do whatever is best for the country and other Republican Party and people."

Trump also told Fox News Digital that he has been asked if he would "take it for a short period of time," and said he "will do it if necessary." 

• Kevin McCarthy has been ousted as speaker of the House. Here's what happens next.

In the summer of 2021, Democratic Rep. Brendon Boyle introduced a bill that would have allowed only House members to serve as speaker. At the time, Trump called the idea that he might try to become speaker "so interesting." The bill did not become law. 

What names have been floated to be the new House speaker?

Although more House Republicans are likely to jump into the race to replace McCarthy, House Majority Whip Steve Scalise and Rep. Jim Jordan are the ones who have formally announced their candidacies. 

For now, House Financial Services Committee Chairman Rep. Patrick McHenry is serving as speaker pro tempore, a temporary position with limited power that does not appear to allow legislation to pass the lower chamber. 

"The House is largely paralyzed at this point," Republican Rep. Garrett Graves told CBS News on Wednesday. 

In:
• United States Congress
• Kevin McCarthy

Kathryn Watson

Kathryn Watson is a politics reporter for CBS News Digital based in Washington, D.C.