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Rep. George Santos leaves a meeting in Longworth Building
Rep. George Santos.Tom Williams / CQ-Roll Call, Inc via Getty Images file

George Santos could spark a competitive special election if expelled from Congress

House Ethics Committee Chairman Michael Guest plans to file a resolution to expel Santos on Friday.

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The effort to expel GOP Rep. George Santos is picking up after a damning Ethics Committee report released Thursday. And if it happens, Santos' expulsion could lead to a hotly contested special election in New York.

Rep. Michael Guest, R-Miss., the chairman of the House Ethics Committee, is expected to file a resolution to expel Santos on Friday, after his committee released a report that found “substantial evidence” that Santos, who faces multiple federal indictments, “violated federal criminal laws" in his 2022 campaign. Santos slammed the report as "a disgusting politicized smear."

If Santos is expelled and his Long Island-based seat becomes vacant, New York state law stipulates that the governor must issue a proclamation within 10 days of the vacancy to declare a special election. That special election must occur between 70 and 80 days after the proclamation is issued. 

It appears a special election would not involve a primary, but rather that members of the county party committees would select their nominees.  

A special election for Santos’ seat in New York's 3rd District would likely be a hotly contested race, as Santos is one of 18 Republicans representing a district that President Joe Biden won in 2020. Biden carried the district by 8 percentage points, per calculations from Daily Kos Elections. Santos won his first term last year by nearly 8 points.

Multiple candidates from both parties have already filed to run for Santos’ seat next year, including former Democratic Rep. Tom Suozzi, who previously represented the 3rd District before launching an ill-fated run for governor last year. One of the top Democratic candidates, Zak Malamed, recently ended his bid and endorsed Suozzi. Two other Democratic candidates who are among the top fundraisers include former state Sen. Anna Kaplan and Army veteran Austin Cheng. 

The top GOP fundraisers so far include retired police detective Michael Sapraicone, moving company owner Daniel Norber and Air Force veterans Kellen Curry and Gregory Hach.

The Cook Political Report with Amy Walter rates the race Lean Democrat.