Oops! Two Republicans Weren't Sworn In -- but Voted Anyway

This morning, the House Rules Committee started meeting to consider amendments to the health care repeal bill being pushed by Republicans. Aides warned that the meeting would go all day thanks to Democratic opposition and amendments, and indeed, it dragged into the afternoon.

That's when members realized they had a problem: One of the Republicans on the committee, Rep. Pete Sessions (R-TX), was not officially a member of Congress. That's because he missed the swearing-in on the House floor yesterday afternoon.

To address the problem, House Speaker John Boehner had to interrupt the floor's special orders around 2:45 p.m. Eastern to swear-in Sessions and another Republican, Rep. Mike Fitzpatrick of Pennsylvania. The swearing-in came after both members had already voted for a resolution today that would cut congressional budgets by five percent, as well as the House rules package yesterday.

Sessions spokeswoman Emily Davis explained over email what happened.

"During the swearing in of the 112th Congress, Congressman Sessions stated the oath publicly in the Capitol but was not on the House floor," she wrote. "To ensure that all constitutional and House requirements are fulfilled, Congressman Sessions officially took the oath of office this afternoon from the House floor. Public records and votes will be adjusted accordingly."

Fitzpatrick's aide Darren Smith said in a statement that "yesterday, at the time the oath of office was administered, Congressman Fitzpatrick was in the Capitol Building meeting with constituents from Pennsylvania's 8th Congressional District. He took the oath of office at that time."

"When the oath was administered, Congressman Fitzpatrick had already signed the written oath of office provided by the Clerk of the House," Smith continued. "Today, after speaking with the House Parliamentarian, out of an abundance of caution, Congressman Fitzpatrick was re-administered the oath of office by the Speaker. The public record will be adjusted accordingly."

The Rules Committee reconvened just around 5:00 p.m., at which time new Chairman David Dreier (R-CA) said that the committee would proceed with its business - but would eliminate the two members' votes on the House floor from the past two days. The committee will also have to delete Sessions' vote to form the Rules Committee of the 112th Congress.