The rules of the 118th Congress state that “in the case of a vacancy in the office of speaker, the next member” named on a list submitted by McCarthy to the clerk of the House in January will become speaker pro tempore until a speaker is elected. A House reading clerk announced immediately after the vote that Rep. Patrick McHenry of North Carolina was the first name on McCarthy’s list and therefore was appointed speaker pro tempore.
“Pending such election, the member acting as speaker pro tempore may exercise such authorities of the Office of Speaker as may be necessary and appropriate to that end,” the rules state. The requirement of a list appears to have originated with the 108th Congress that convened in January 2003.
After the speaker pro tempore takes over, “presumably, the next order of business would be to choose a speaker,” Green said. He pointed out that “it’s unlikely the House would continue to operate as usual without a new speaker being selected.”